Mountain Biking Rental Agreement and Waiver This Agreement is made between [Name of Rental Business], hereinafter referred to as the "Rental Company," and the undersigned individual, hereinafter referred to as the "Renter," regarding the rental of mountain biking equipment. 1. Rental Equipment: The Rental Company agrees to rent the following mountain biking equipment to the Renter: [List of equipment being rented, e.g., mountain bike, helmet, protective gear, etc.]. 2. Rental Period: The rental period shall commence on [Start Date] and terminate on [End Date]. The Rental Company reserves the right to specify the exact rental duration. 3. Assumption of Risks: The Renter acknowledges that mountain biking involves inherent risks, including but not limited to falls, collisions, injuries, and equipment failure. The Renter voluntarily assumes all risks associated with the use of the rental equipment, including the risk of equipment failure, and agrees to release, indemnify, and hold harmless the Rental Company, its agents, employees, and affiliates from any and all claims arising out of the Renter's use of the rental equipment. . The Renter understands that bicycle protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. 4. Renter's Responsibilities: The Renter agrees to use the rental equipment in a safe and responsible manner, to abide by all applicable laws and regulations, and to wear appropriate safety gear, including a helmet, at all times while biking. The Renter also agrees to promptly report any damage or malfunction of the rental equipment to the Rental Company. 5. Equipment Failure: The Renter acknowledges that despite the Rental Company's best efforts to maintain the equipment in good working condition, equipment failure may occur. The Renter agrees that in the event of equipment failure, the Rental Company's liability shall be limited to the repair or replacement of the equipment, and the Rental Company shall not be liable for any other damages, including but not limited to personal injury or property damage, arising out of the equipment failure. 6. Liability Waiver: The Renter acknowledges that the Rental Company is not responsible for any injury, loss, or damage suffered by the Renter or third parties arising out of the Renter's use of the rental equipment, except to the extent caused by the Rental Company's gross negligence or willful misconduct. 7. Insurance: The Renter acknowledges that it is their responsibility to obtain adequate insurance coverage for any personal injury, property damage, or liability arising out of their use of the rental equipment. 8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Utah without regard to its conflict of laws principles. 9. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 10. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. 11. Acknowledgment: The Renter acknowledges that they have read and understood this Agreement, that they have had the opportunity to ask questions and seek independent legal advice if desired, and that they voluntarily agree to be bound by its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
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