Crater Lake Resort (CLR) Snow Shoe Rental Agreement and Disclaimer (Hereinafter referred to as the “Agreement”)
I, ________________________________ (hereinafter referred to as “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.