ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION CENTRAL WASHINGTON CAMPING GEAR RENTAL AGREEMENT (“RELEASE”)
By reserving equipment from Radiance Development LLC DBA Central Washington Camping Gear, I acknowledge and agree to the terms contained in this document.
REPRESENTATIONS & AGREEMENT
I understand and agree that the terms of this RELEASE apply to the “USER” of the equipment defined as follows: “USER” includes the person making the reservation. “USER” also includes any adult or minor who actually uses the rental equipment. By reserving the equipment, I verify that I have the authority to enter into this Agreement on behalf of any USER other than myself, including a minor, and I agree to hold harmless and indemnify Radiance Development LLC DBA Central Washington Camping Gear for any claims brought by or on behalf of the USER.
USER RESPONSIBILITIES
USER agrees that USER is solely responsible for USER’S health and safety and certifies that USER has the experience, skill, and ability necessary to use the rental equipment, and that USER is in good physical health. USER agrees that USER is responsible for knowing how to properly use the rental equipment and for obtaining necessary instruction if needed. If USER believes the rental equipment is not functioning properly, USER will stop using it and will return it to Radiance Development LLC DBA Central Washington Camping Gear. USER agrees not to misuse or abuse the rental equipment and to use caution while using it. USER will not let anyone else use the rental equipment while it is in USER’S care. USER understands how the rental product works, and any and all questions that USER has regarding the system have been asked and fully answered. USER understands and agrees that certain risks of outdoor activity may be reduced but not eliminated by taking lessons, wearing appropriate safety gear, and using care and common sense.
PROVISION OF INFORMATION
By reserving the equipment, I agree to provide any relevant safety and usage information regarding the equipment to any USER other than myself, including any information provided to me by Radiance Development LLC DBA Central Washington Camping Gear. USER must provide all relevant information to minors or less experienced users in their party.
ASSUMPTION OF RISKS OF ACTIVITIES
The USER understands that any equipment provided, borrowed, or rented from Radiance Development LLC DBA Central Washington Camping Gear is used at the USER’s own risk. USER must wear appropriate safety gear and follow all recommended safety procedures. The USER understands that the activities for which this equipment is rented are INHERENTLY HAZARDOUS and that while engaging in the activities USER may encounter or be exposed to any number of risks, hazards, and dangers – including but not limited to:
- Slips, trips, and falls
- Fractures and concussions
- Dangerous unpredictable weather
- Injuries from lack of fitness or conditioning
- Equipment failures
- Negligence by others, including other individuals engaged in outdoor recreation
As a consequence of these and other risks, the USER may be seriously hurt, disabled, or may die from the resulting injuries, and the USER’s property may also be damaged. USER understands and accepts that the above risks are inherent to the activities and agrees to assume both the inherent risks and any and all other risks of the activities and use of rental equipment (including those not listed above). Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable in a remote setting. Radiance Development LLC DBA Central Washington Camping Gear assumes no responsibility for providing medical care during rental, and the USER will have to pay for any medical care and/or evacuation incurred.
RELEASE OF LIABILITY
The USER hereby RELEASES and AGREES NOT TO SUE Radiance Development LLC DBA Central Washington Camping Gear, its employees, agents, officers, directors, and contractors, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occurs to the USER or to any other person or to any property related in any way to the use of the rented equipment or any other associated equipment. This RELEASE includes, but is not limited to, claims that the Released Parties were negligent including negligence in the selection, fitting, maintenance, and inspection of the equipment or failure to provide proper instruction, technical direction, or safety equipment. The release also includes claims for strict liability for abnormally dangerous activities. The USER is responsible for determining what safety equipment is needed for each activity and for having such equipment. Radiance Development LLC DBA Central Washington Camping Gear explicitly states that this release includes any claims arising from the USER’S failure to adhere to provided safety guidelines or instructions.
INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE
The USER promises to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims, including claims for the Released Parties’ negligence brought by the USER, a family member, or anyone else. The USER also promises to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any claims for the USER’s own negligence, and any other claim arising from the USER’s acts or omissions associated with the rental equipment. In accordance with these promises, the USER will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. The USER agrees that in the event of the USER’s death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on the USER’s estate, and the personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
SEVERABILITY, APPLICABLE LAW, FORUM & ATTORNEY’S FEES
The USER agrees that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION as broad and inclusive as is permitted by law. If any portion is found to be invalid or unenforceable, then the remainder will continue in full force and effect. This agreement shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. Any dispute arising from this Agreement or in any way associated with the rental or related activity shall be brought only in the Superior Court of Grant County, in Washington State.
By reserving equipment from Radiance Development LLC DBA Central Washington Camping Gear, I accept this rental equipment AS IS and without any warranty, express or implied, beyond those in this agreement, and in the manufacturer’s written warranty, if any. I agree to return the rental in clean condition and operating properly. I will pay all late fees assessed by Radiance Development LLC DBA Central Washington Camping Gear not to exceed the full retail value of the rental not returned to Radiance Development LLC DBA Central Washington Camping Gear by the agreed date. I agree to be fully responsible for the care of this rental and agree to pay Central Washington Camping Gear damages up to the full replacement value of the rental equipment for any loss or damage to the equipment (other than reasonable wear and tear), including, but not limited to, loss or damage caused by theft, destruction, misuse, or abuse.
REFUND POLICY
If you cancel 30 days or more in advance of your pick-up date or ship date, we have a “go in peace” policy…..no charge. If you cancel less than two weeks in advance of your pick-up date or ship date, we will charge you in full.
WARRANTY WAIVER
The Equipment is provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application, or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure.
ASSUMPTION OF RISK
USER acknowledges that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. USER voluntarily assumes all such risk and releases and discharges Radiance Development LLC DBA Central Washington Camping Gear and the Equipment from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Our negligence (other than Our intentional misconduct).
RECEIPT/INSPECTION OF EQUIPMENT
USER acknowledges that USER, upon receipt of the Equipment, inspected, examined and accepted the Equipment, and that, as delivered to USER, it is safe and in good operating condition and repair and otherwise in all ways acceptable to USER.
EQUIPMENT FAILURE
In the event the Equipment fails to start, breaks, malfunctions, becomes unsafe, or is in need of maintenance or repair, USER agrees to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us. USER should not attempt repairs themselves and must follow company instructions for returning malfunctioning equipment.
USE OF EQUIPMENT
The equipment is authorized for use only by You or the other members of your rental party. The Equipment is authorized for use only for its ordinary purpose (for use in your campsite).
COMPLIANCE WITH LAWS
You agree to comply fully, at Your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.
LOSS OR DAMAGE
USER is the insurer of the Equipment during the Rental Term. You bear all responsibility and liability for the loss, theft, destruction or damage to all or any part of the Equipment from any cause or source. You agree to pay Radiance Development LLC DBA Central Washington Camping Gear the new replacement cost of any such lost, stolen, destroyed or damaged Equipment, without deduction for depreciation. Equipment not timely returned when due will be subject to a late charge equal to the daily rental fee for each day Equipment is not returned.
By reserving equipment from Radiance Development LLC DBA Central Washington Camping Gear, I understand and accept these terms.