In order to rent or purchase a Listing, you, the Renter or Buyer, accept this Listing Release and Waiver, which is effective between you, the Renter or Buyer, and Listing Owner or Seller as of the date when you first rent or purchase a Listing.
You represent that you are eighteen (18) years of age or older. If you are allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period or after your purchase, and have read this Release and Waiver and agree to it on the minor’s behalf. If you are renting or purchasing a Listing on behalf of another person or company, you will ensure, and you represent and warrant, that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING OR PURCHASING A LISTING, INCLUDING EACH ITEM THAT AN OWNER OR SELLER RENTS OR SELLS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, SELLER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE RENTAL OR AFTER THE PURCHASE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE RENTAL OR PURCHASE OF THE LISTING.
Release and Waiver: You acknowledge and agree that:(1) You have reasonably assessed the risks involved in the rental or purchase and have made an informed and voluntary choice to participate in the rental or purchase; (2) You alone, and not the Listing Owner or Seller, are responsible for determining your fitness for participating in the rental or purchase and your ability to fully understand any directions or warnings presented; (3) You will not participate in any rental or purchase when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you are renting or purchasing, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental or purchase; and (4) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental or purchase. If you notice any hazard during a Rental Period, you will stop participating in the rental immediately and inform the listing Owner.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER OR LISTING SELLER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL OR PURCHASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS PROVIDE THEIR LISTINGS “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner or Seller relating to a Listing rental or purchase, you will indemnify and hold the Listing Owner or Seller harmless from any liability, demand, loss, damage, or costs which the Owner or Seller may incur as the result of such claim.
YOU AFFIRM THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.