RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

Notice – By agreeing this document you may be waiving certain legal rights, including the right to sue.

Capitalized terms that are not otherwise defined herein have the meaning set forth in the Terms of Use.

In consideration of the agreement between Lessor and Lessee regarding price, deposit and lease duration for a certain described Item or Items, the receipt and sufficiency of which is hereby acknowledged, Lessee hereby agrees, to the fullest extent permitted by law, as follows:


1) TO WAIVE ALL CLAIMS that he/she has or may have against the Lessor arising out of the Lessee’s use of any Item(s);


2) TO ASSUME ALL RISKS of using the Item(s), even those caused by the negligent acts or conduct of the Lessor, its owners, affiliates, operators, employees, agents, and/or officers. The Lessee understands that there are inherent risks in using the Item(s), which may be both foreseen and unforeseen and include serious physical injury and death;


3) TO RELEASE the Lessor, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Lessee (or his/her next of kin) may suffer, arising out of his/her participation in the use of the Item(s). The Lessee specifically understands that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Lessor, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and


4) TO INDEMNIFY the Lessor, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Lessee (or his/her next of kin) may suffer, arising out of the use of the Item(s).


5) MISCELLANEOUS. The Site is a portal which allows for the rental of the Item(s). The Terms Agreement located on the Site governs the relationship between Lessee and Sunshine Rental Club LLC.


To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Lessor and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.