Rental Agreement and Waiver of Liability
This Waiver and Release, effective as of the date of this signing, is made and entered into by and between the Rentee and Packlist Outdoors, Inc (Rentor.)
EXPRESS ASSUMPTION OF RISK
Rentee hereby agrees that he/she is renting, operating, or using the equipment provided by Rentor at his/her own risk. Rentee agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of Rentor.
WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the Rentee agrees that Rentor shall not be liable for any damages arising from personal injuries sustained by Rentee or anyone under the Rentee’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentor. The Rentee assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rentor shall not be liable for any loss or theft of personal property. The Rentee specifically agrees that Rentor shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Rentor whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Rentor.
LIABILITY TO THIRD PARTIES
The Rentee hereby agrees that he/she will indemnify and hold harmless Rentor for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators of other equipments under the Rentee’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentor, even if such damages arise out of the negligence or fault of Rentor.
DAMAGE TO ITEMS AND LATE RETURNS
The rentee agrees to reimburse Packlist for any damage to equipment above and beyond the regular wear-and-tear associated with normal camping and outdoor use. The cost to replace or repair the damage will equal the labour (at a rate of $25 per hour worked) and materials to repair, or the cost of a retail replacement of similar kind, whichever is less.
Unless exceptional circumstances warrant, if the renal products are returned late (not available for pick-up on the agreed-upon date and late pick-up is not arranged), the rentee agrees to pay the Packlist rental fee for each additional day the items are late. For instance, if a Camping Package is not available for pick-up on a Monday afternoon after a weekend rental, and the pick-up occurs on the Tuesday, the rentee will pay Packlist the fee of an additional days rental.
ACKNOWLEDGMENT OF WAIVER AND RELEASE
Rentee states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. Rentee further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. Rentee warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Rentor with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. Rentee further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Rentor for Rentor’s negligence.
If any provision of this Agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.
Any dispute, controversy or claim arising out of or in connection with this Agreement, including without limitation, any dispute regarding the enforceability of any provision, that cannot be resolved through good faith negotiations within thirty (30) days or such longer period of time as may be mutually agreed between the Parties, shall be submitted to and finally resolved by a court of competent jurisdiction in Vancouver, British Columbia.