RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
, my/our heirs, personal representatives, successors and assigns (hereinafter “Releasor”) hereby releases, waives, discharges and covenants not to sue Mid-Coast Family Rentals, LLC, its agents, employees, officers, and members (hereinafter “Releasee”), from any and all liability, damage, claim, loss, cost or expense, arising directly, indirectly or in the future, from or attributable in any way to any negligence, action or omission to act of Releasee in connection with the rental of equipment, as specified in the Rental Agreement between Releasor and Releasee. Releasor hereby agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasee.
- Assumption of Risk
Releasor understands that there exist certain risks of injury from the use or misuse of the equipment, including the potential risk of serious injury, disability or death from the use of such items. Releasor knowingly and freely assumes all such risks, both known and unknown, and assumes full responsibility for Releasor’s use of the equipment.
Releasor will indemnify and hold harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury and/or damage to property arising directly, indirectly or in the future from or out of any occurrence in using the equipment, including any negligent acts or omissions of Releasee, its agents, employees, officers or members. If any claim shall be made in contravention of this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, Releasor shall be liable for the expenses (including legal fees) incurred by the Releasee in defending any claim or action related to the Releasor’s rental of equipment.
- Integration Clause
This Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital.
- Choice of Maine Law
This Agreement shall be construed and enforced in accordance with the laws of the State of Maine with exclusive venue for any dispute arising hereunder in Maine.
I/WE ACKNOWLEDGE THAT, I/WE HAVE CAREFULLY READ AND UNDERSTAND THE CONTENTS OF THIS RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND INTEND MY/OUR SIGNATURE(S) TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Mid-Coast Family Rentals, LLC
Releasor: _______________________ By:_____________________
Print Name: _____________________ Title:____________________ Print Name: ________________