PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Rent Our Toyz LLC their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ROT"), I hereby agree to release, indemnify, and discharge ROT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in Rental of Motor Home, Travel Trailer, Camper Trailer, Motorcycle, Boat, Golf Cart, ATV, UTV, Snowmobile, Bicycle, Trailer, Personal Watercraft, Scooter, Kayak, Paddleboard, activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: injuries can occur from rough terrain or water; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers, vehicles or equipment; injuries can be sustained from the water or trail, equipment from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks or from the water; major injuries are a risk, as are drowning, falling, burns, cuts, bruises and sprains, broken bones; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, frostnip, frostbite, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the machine itself may fail; and accidents can occur getting in or out. Furthermore, URM employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity. Finally, I agree to wear all safety gear deemed necessary for each powersport, non power sport and/or any rentals.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ROT from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ROT’s equipment or facilities, including any such claims which allege negligent acts or omissions of ROT.
- Should ROT or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I am solely responsible, and will not hold ROT responsible. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of ______________________________________________________________________
(print minor's or minors’names) ("Minor(s)")
being permitted by ROT to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless ROT from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation by Minor(s).
Parent or Guardian: _____________________Print Name: _____________________________Date: ____________