RENTAL AGREEMENT AND RISK OF LIABILITY WAIVER-MUST READ & SIGN BEFORE PARTICIPATING!

 

This is a contract for renting equipment from First Adventures Outdoors Inc. (First Adventures Outdoors") only and not the sale of any equipment ("Equipment"). The initials below confirm you have thoroughly read this agreement, and I execute my initials to confirm my expressed consent without reservation to the terms of this agreement. I agree that any equipment herein described is rented with the express condition that it will, at all times, remain the property of First Adventures Outdoors. The Equipment covered by this agreement is itemized and provided with this agreement at the time of rental. I will be responsible for any pecuniary loss or, if damage insurance is declined, all damage, other than normal wear and tear as determined in First Adventures Outdoors's sole discretion resulting from my possession and use of the Equipment. First Adventures Outdoors in its sole discretion reserves the right at any time during the rental period to replace any Equipment covered herein with comparable Equipment either new or used. If I find any Equipment to be not functioning properly or in disrepair, I shall return it to First Adventures Outdoors immediately. I agree that I have received and reviewed the Equipment and that it is in good condition, functioning correctly and not in disrepair.

 

 

Email Marketing/Promotional Consent:

 

The initials below confirm you have authorized First Adventures Outdoors to send you promotional emails on future sales and events facilitated by the company.

 

 

Assumption of Risks:

I represent that I am physically able to participate in the activity for which this Equipment is rented by First Adventures Outdoors. I fully understand and acknowledge that recreational activities for which the Equipment has been rented have inherent dangers, hazards and risks and that my participation in such activities and the transportation of that Equipment may result in or cause me injury or illness, including, but not limited to, bodily injury, drowning, disease, strains, fractures, partial or total disability or paralysis and/or death. Having been fully informed of the foregoing inherent dangers, hazards, and risks, I freely and voluntarily assume these dangers, hazards, and risks. I, the undersigned, agree that at no time will First Adventures Outdoors  its agents, employees, officers, directors, associates, affiliated companies (including the Mineral Lake Lions Foundation, and their location at the Mineral Lake Lions Den Campground) or subcontractors be held accountable, liable or responsible for any and all damages, injury or death to property or individual incurred by my use of the original or substituted Equipment from First Adventures Outdoors. I, the undersigned for me, my heirs, executors, administrators, successors and assigns, hereby release First Adventures Outdoors and its agents, employees, officers, directors, associates, affiliated companies (including the Mineral Lake Lions Foundation, and their location at the Mineral Lake Lions Den Campground) or subcontractors from any and all claims, known or unknown, suits or demands based in contract, tort, negligence, warranty, or otherwise-for any indirect, consequential, incidental or special damages arising out of or in any way related to rental of the Equipment, including if such Equipment was provided, recommended or otherwise made available to me by First Adventures Outdoors and even if First Adventures Outdoors has been advised of the possibility of such damages. I, the undersigned, agree to pay all fees, charges, suits brought forth by another person or persons that may receive injury or death arising out of the authorized, unauthorized or recommended use of, or results of the use of the Equipment provided by First Adventures Outdoors notwithstanding that the foregoing may have arisen by negligence of First Adventures Outdoors. I, the undersigned agree to assume all responsibility, liability, and accountability for all expenses or costs incurred with use and replacement of the Equipment from First Adventures Outdoors if necessary, during the rental period because of my loss or misuse of the Equipment. If the Equipment is to be used by a minor, having authority as the legal representative of the minor, I on behalf of the minor do also agree to release, hold harmless and indemnify First Adventures Outdoors, its agents, employees, officers, directors, associates, affiliated companies or subcontractors for any claims of the minor, the minor's heirs, executors, administrators, successors and assigns. I further agree to be responsible for any medical expenses, however incurred by the minor as a result of the minor's use of the Equipment. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

Arbitration:

You, and any minor for whom you have executed this agreement, agree that any dispute arising out of or related to this agreement is personal to you and First Adventures Outdoors and that any dispute will be resolved solely through individual binding arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. The forum for such arbitration shall be in Seattle, Washington and will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services office located in Seattle, under the laws of Washington state.

 

Release of Liability:

In consideration of the services furnished to me, I, the undersigned Equipment renter hereby agrees to abide by all the terms and conditions of this agreement with First Adventures Outdoors. I have carefully read this agreement and fully understand its contents. This is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability. If any part of this contract is deemed unenforceable, all other parts shall be given full force and effect. The laws of the State of Washington shall govern in all respects this agreement and its construction, interpretation, and enforcement. I sign it of my own free will.