Waiver:
In return for being permitted to rent snow tire chains, snow discs or sleds and accessories from Gena’s Sierra Inn and Restaurant, (“The Rental”), including any associated use of the equipment, I, The Renter, for myself, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue Gena’s Sierra Inn or their respective directors, officers, employees, and agents (collectively “The Releasees”), from liability from any and all claims, including the negligence of The Releasees, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with The Rental.
Assumption of Risks:
Use of The Rental carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains, and minor property damage to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions, and major property damage to 3) catastrophic injuries such as paralysis and death and comprehensive property loss.
Indemnification and Hold Harmless:
I, The Renter, also agree to indemnify and hold The Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my involvement with The Rental, and to reimburse them for any such expenses incurred.
Severability:
I, The Renter, further agree that this Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect.
Governing Law and Jurisdiction:
This Agreement shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of California.
Acknowledgment of Understanding:
I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that by submitting this form, I am accepting the agreement freely and voluntarily, and intend my acceptance of these terms and conditions to be a complete and unconditional release of all liability to the greatest extent allowed by law.