CANCELLATION & REFUND POLICY:
Crater Lake Resort (CLR) Pack-n-Play Rental Agreement and Disclaimer (Hereinafter referred to as the “Agreement”)
I, ________________________________ (hereinafter referred to as “Renter”), The Renter hereby agree to disclaim, waive and release Crater Lake Resort, its owners, heirs, executors, administrators, agents, assigns, and all other persons, firms or corporations affiliated in any way with Crater Lake Resort, (hereinafter collectively referred to as CLR), from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of any and all injuries, known and unknown, to person or to property or both, which result in any way from the use of the products rented from CLR by Renter (the products rented from CLR by Renter are hereinafter collectively referred to as the “Equipment”). Without limiting the generality of the foregoing, CLR will not be held liable for any injury to Renter, Renter’s children, or any other adults or children, or any damage to property by the use of the Equipment. RENTER IS RENTING THE EQUIPMENT AT RENTER’S OWN RISK. Renter also acknowledges that Renter is familiar with, and knows how to operate, the Equipment and is taking full responsibility for using the Equipment.
Renter represents and warrants that each item of rented property is of a type, design, quality and manufacture selected by Renter, acceptable to Renter and suitable for Renter’s purposes, Renter acknowledges that CLR is not the manufacturer or supplier of the equipment or the representative of either, that CLR is not required to enforce any manufacturer’s warranties on behalf of CLR or Renter, that CLR has not inspected and is not obliged to inspect the Equipment, and that CLR rents the equipment to Renter “As Is,” without warranty or representation either express or implied, and CLR expressly disclaims any warranty, express or implied, as to the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, the absence of latent or other defects, whether or not discernible, the absence of infringement of any patent, trademark or copyright, or any other matter whatsoever, it being agreed that all such risks, as between CLR and the Renter are to be borne by the Renter.
Renter further agrees to indemnify and hold harmless CLR from and against any and all claims, liabilities, including negligence, tort and strict liabilities, demands, actions, suits and proceedings, losses, costs, penalties, and damages, including without limitations, reasonable attorneys’ fees and costs (collective, “Claims”), arising out of, connected with, or resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation or return of the Equipment.
Governing Law and Jurisdiction: This Agreement is made and shall be governed and construed in all respects, including validity, interpretation and effect, by the laws of the State of Oregon. Renter agrees that the venue (i.e., location) for any legal action shall be located within Klamath County, Oregon.
DISCLAIMER OF WARRANTY
This is a contract of renting only and not of sale. The undersigned Renter agrees that he/she has rented the item(s) herein described upon the express condition that it will at all times remain the property of the rental agent named above; that he/she will return at once to the rental agent any item(s) not functioning normally; that he/she will pay promptly when due all charges which accrue because of the rental, including damages to said item(s). In the event the Renter fails to return said item(s) at the agreed time, or fails to abide by any of the other terms of this contract, the rental agent may repossess it without notice to the Renter, and the rental agent is hereby released from all claims arising there from. All charges are based on the time item(s) is/are in the Renter’s possession, whether in use or not. Renter will be charged the current department store price for any items requiring replacement. Renter is responsible for correct use of rental items according to manufacturers’ instructions and guidelines. The rental agent is not responsible for accidents or injuries caused directly or indirectly in the use of the rented item(s).
I, Renter, confirm that I have read this agreement and voluntarily assume all risks of any damages occurring in connection with the item(s) in this rental agreement. I hereby agree for myself, all of my family and all heirs to waive, release and discharge CLR, their rental agents, servants, employees, agents, officers, directors, or representatives for any and all liability for any property damage, loss, personal injury, loss of life and/or other casualty which may occur during the course of this rental agreement and the use of the item(s). It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs, next of kin, executors, administrators, and assigns in the event of any death or injury.
DISCLAIMER OF WARRANTY. ALL ITEM(S) ARE RENTED WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I HAVE READ THIS RENTAL AGREEMENT AND HAVE FULLY INFORMED MYSELF OF ITS CONTENTS BEFORE I HAVE SIGNED IT. I FREELY ACCEPT AND EXPRESSLY ASSUME ALL RISKS, DANGERS, HAZARDS THAT MAY ARISE FROM ANY ACTIVITES OR STANDARD EQUIPMENT USE THAT COULD RESULT IN PERSONAL INJURY, LOSS OF LIFE AND PROPERTY DAMAGE.