Please read the following waiver prior to accepting delivery of your rental equipment. You will be asked to sign this waiver when you receive your rentals.
RELEASE WAIVER INDEMNIFICATION AND ACKNOWLEDGEMENT OF HAZARDOUS ACTIVITIES
This, Release, Waiver, Indemnification and Acknowledgement of Hazardous Activities by and between OV Rentals, LLC a Virginia limited liability Company and __( your name here )____, (hereafter “Renter”) (hereafter collectively “The Parties’) which is entered into for valuable consideration receipt of which is hereby acknowledged and states as follows:
WHEREAS, in order, to induce OV Rentals, LLC, (hereafter “OV”) to rent to Renter: _____bicycle(s), _____Kayak(s), _____ Paddle Board(s), ____ Beach Chair(s), ____ Beach Canopies, (hereafter “Rental Equipment’) the parties have agreed to enter into this release and indemnification agreement pursuant the terms herein.
Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing) In consideration of being permitted to use the Rental Equipment participate in any way the Renter(s) and/or legal guardian(s) of any minor participant named below agree:
1. The Renter(s) and/or legal guardian(s) acknowledge that they are experienced in the use of the rental equipment or they have taken a training course in advance and acknowledge that they will use all of the provided safety equipment and features of the Rental Equipment and that any minor using the equipment has had adequate training in the use thereof or has taken the a training course for the use thereof before using the Rental Equipment and will utilize all of the safety equipment under the guidance and supervision of an adult. Renter(s) acknowledge that he or she has inspected the Rental Equipment and safety equipment and acknowledge that the Rental Equipment is in good working order and safer for its intended uses. In the event Renter(s) discover any defect in the equipment they will cease use thereof and notify OV immediately of anything he or she believes is unsafe. Renter(s) further acknowledge that they shall not permit any person who is not a party to this agreement to use the Rental Equipment.
2. Renters fully understand and acknowledge that: (a) There are risks and dangers associated with use of the Rental Equipment which could result in bodily injury, partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. (c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below. (d) There may be other risks not known to us or are not reasonably foreseeable at his time.
3. Renter(s) accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees OV.
4. Renter(s) HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE OV including its owners, managers, promoters, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the Rental Equipment and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
5. Renter(s) HEREBY acknowledge that THE USE OF THE RENTAL EQUIPMENT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. Renter(s) HEREBY, agree to indemnify and hold harmless OV from any and all liabilities,
arising from, related to or concerning the Rental Equipment including any and all liability for any persons not a party to this agreement for any claims, damage, tort, destruction of property arising from or relating to the use of the equipment and for any claims, damage or tort for any person permitted by Renter(s) to use the Rental Equipment who are not a party to this Agreement, including but not limited to reasonable attorney’s fees and costs, claims for property damage, personal injury, death and or disfigurement.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing) 7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
OV Rentals, LLC
By: _________________________
Its: Authorized Agent
________________________ ___________
Sign Date
________________________
Print Name
________________________ ___________
Sign Date
________________________
Print Name
Parent or Legal Guardian of: __________________________________________________
_________________________________________________________________________
_________________________________________________________________________
________________________ ___________
Sign Date
________________________
Print Name
RELEASE WAIVER INDEMNIFICATION AND ACKNOWLEDGEMENT OF HAZARDOUS ACTIVITIES
This, Release, Waiver, Indemnification and Acknowledgement of Hazardous Activities by and between OV Rentals, LLC a Virginia limited liability Company and __( your name here )____, (hereafter “Renter”) (hereafter collectively “The Parties’) which is entered into for valuable consideration receipt of which is hereby acknowledged and states as follows:
WHEREAS, in order, to induce OV Rentals, LLC, (hereafter “OV”) to rent to Renter: _____bicycle(s), _____Kayak(s), _____ Paddle Board(s), ____ Beach Chair(s), ____ Beach Canopies, (hereafter “Rental Equipment’) the parties have agreed to enter into this release and indemnification agreement pursuant the terms herein.
Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing) In consideration of being permitted to use the Rental Equipment participate in any way the Renter(s) and/or legal guardian(s) of any minor participant named below agree:
1. The Renter(s) and/or legal guardian(s) acknowledge that they are experienced in the use of the rental equipment or they have taken a training course in advance and acknowledge that they will use all of the provided safety equipment and features of the Rental Equipment and that any minor using the equipment has had adequate training in the use thereof or has taken the a training course for the use thereof before using the Rental Equipment and will utilize all of the safety equipment under the guidance and supervision of an adult. Renter(s) acknowledge that he or she has inspected the Rental Equipment and safety equipment and acknowledge that the Rental Equipment is in good working order and safer for its intended uses. In the event Renter(s) discover any defect in the equipment they will cease use thereof and notify OV immediately of anything he or she believes is unsafe. Renter(s) further acknowledge that they shall not permit any person who is not a party to this agreement to use the Rental Equipment.
2. Renters fully understand and acknowledge that: (a) There are risks and dangers associated with use of the Rental Equipment which could result in bodily injury, partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. (c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below. (d) There may be other risks not known to us or are not reasonably foreseeable at his time.
3. Renter(s) accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees OV.
4. Renter(s) HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE OV including its owners, managers, promoters, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the Rental Equipment and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
5. Renter(s) HEREBY acknowledge that THE USE OF THE RENTAL EQUIPMENT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. Renter(s) HEREBY, agree to indemnify and hold harmless OV from any and all liabilities,
arising from, related to or concerning the Rental Equipment including any and all liability for any persons not a party to this agreement for any claims, damage, tort, destruction of property arising from or relating to the use of the equipment and for any claims, damage or tort for any person permitted by Renter(s) to use the Rental Equipment who are not a party to this Agreement, including but not limited to reasonable attorney’s fees and costs, claims for property damage, personal injury, death and or disfigurement.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing) 7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
OV Rentals, LLC
By: _________________________
Its: Authorized Agent
________________________ ___________
Sign Date
________________________
Print Name
________________________ ___________
Sign Date
________________________
Print Name
Parent or Legal Guardian of: __________________________________________________
_________________________________________________________________________
_________________________________________________________________________
________________________ ___________
Sign Date
________________________
Print Name