Rentals For After School Program

Equipment Rental and Liability Release Agreement PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. RETURN WITHOUT SIGNING FOR A FULL REFUND IF YOU DO NOT AGREE In consideration for rental equipment provided to me by Mount Pleasant under this Agreement, I hereby acknowledge, understand, and agree to the following: I accept the equipment listed on this form AS IS, and I understand that Mt. Pleasant or its employees and agents (collectively, “Mt. Pleasant”) make no representations or promises regarding the quality of the equipment provided to me. I further accept full financial responsibility for the care of the equipment while it is in my possession. I agree to return all rental equipment by the agreed date and time. I agree that if I return the equipment in a damaged condition, or fail to return it, I will be responsible for the replacement of the equipment at its full value. I understand that the sports of skiing and snowboarding, and other sports for which I may use this equipment (collectively “RECREATIONAL SNOW SPORTS”) involve inherent and other risks of INJURY and DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SNOW SPORTS, or which relate in any way to my use of this equipment. Risks assumed include, but are not limited to, falls, collisions with objects (manmade or natural), and collisions with other persons. Risks assumed also include those caused in whole or in part by the negligence of Mt. Pleasant, ice, bare spots, trees, stumps, forest growth and debris, rocks, trail edge drop-offs, terrain features, moguls, surface and subsurface snow and ice conditions, terrain outside ski area boundaries or not designated for winter activities, and using or attempting to use lifts. I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding, skiboarding or other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation. I understand that a helmet designed for RECREATIONAL SNOW SPORTS use will help reduce the risk of some types of injuries to the user. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn. I AGREE TO RELEASE AND HOLD HARMLESS, and to WAIVE MY RIGHT TO SUE Mt. Pleasant, its employees, agents, owners, affiliates, officers, directors, the equipment manufacturers and distributors, and all of their successors and assigns (collectively, “Released Parties”) from any and all losses, injuries, or damages arising out of or relating to my use of the equipment, or arising out of or relating to the risks listed above, including the risk of negligence by Mt. Pleasant. I further agree to defend and indemnify the Released Parties for any loss or damage, including any that results from claims or lawsuits of personal injury, death, and property loss and damage related in any way to the use of this equipment. Venue and jurisdiction of this Agreement shall be in the Court of Common Pleas of Erie County, Pennsylvania. If any provision of this Agreement is determined to be unenforceable, all other provisions shall be given full force and effect.