Please read the following waiver and equipment rental agreement. You will be asked to affix your name in agreement in the next block: FOR GOOD AND VALUABLE CONSIDERATION, The Young Men’s Christian Association of the Auburn YMCA WEIU. (“YMCA”) hereby grants to the USER named below a license to use the equipment listed below (the “Equipment”) for the period of time set forth below. Notwithstanding any such term of use, however, USER agrees to return any or all Equipment to the YMCA at any time upon notice from the YMCA to do so. USER shall be responsible for all pickup and delivery of the Equipment and shall use the Equipment only in the location listed below. USER agrees to use the Equipment only for its intended purposes (but not for any commercial or revenue-generating purposes), and USER shall maintain the Equipment in a good, safe, sanitary and clean condition. USER shall not alter or modify the Equipment without YMCA’s prior written consent. USER shall be responsible to the YMCA for any and all damage to the Equipment and shall return the Equipment promptly in the condition in which it was received, normal wear and tear excepted. Any such amounts due for damage shall be due from USER on demand. YMCA may charge USER for any damaged or missing Equipment at the full replacement cost of the item lost or damaged and may suspend any YMCA membership rights or privileges until such amounts are fully paid. USER acknowledged and agrees that it rents the Equipment “as is, where is” with all faults and YMCA makes no representations or warranties as to the Equipment, and as a material inducement to the YMCA to grant this license, USER agrees to secure the agreement of anyone having contact with or using any part or all part of the Equipment to the terms and conditions of this Agreement. USER, for himself/herself and for anyone claiming through USER, does hereby fully and forever indemnify, hold harmless, and defend YMCA, its officers, director, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, liabilities, damages, and costs (including court cost and attorneys’ fees) in connection with, related to, or arising out of any rental, use, misuse or presence of the Equipment or use or misuse of any of the Equipment by USER or any party acting through USER. *
