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PLEASE READ THIS WAIVER AND RELEASE CAREFULLY. THIS IS A LEGAL DOCUMENT THAT YOU ARE SIGNING WHEN YOU CHECK THE BOX "I ACCEPT". BY CHECKING THE BOX “I ACCEPT” DURING REGISTRATION OR WHEN STARTING A NEW RENTAL, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER AND AGREE TO COMPLY WITH ITS TERMS. THIS WAIVER AND RELEASE IS MADE PART OF AND SUPPLEMENTS THE RECRE TERMS OF USE AVAILABLE AT https://app.recrebox.com/terms-of-service.
Assumption of Risk: You understand and accept that renting Rental Equipment exposes you to personal injury and loss of or damage to property. You acknowledge that engaging in a recreational activity may require a degree of skill and knowledge different than other activities and that you have responsibilities as a participant. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. You understand the inherent risk involved in using the Rental Equipment to yourself, property and third parties, and accept full responsibility for any and all such damage or injury which may result, including full reimbursement for all lost/stolen/damaged Rental Equipment. YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR THE INHERENT RISKS IDENTIFIED HEREIN AND THOSE INHERENT RISKS NOT SPECIFICALLY IDENTIFIED. You understand that this Waiver and Release applies to all rentals of Rental Equipment made through the RecRe website and application. You agree to assume liability for any and all damage or loss to personal property, accident/injury to other persons related to your use of the Rental Equipment.
Waiver: YOU AGREE AND EXPRESSLY WAIVE ANY AND ALL CLAIMS, SUIT OR DEMANDS FOR PERSONAL INJURY, PROPERTY DAMAGE OR LOSS AGAINST RECRE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL NEGLIGENCE, FAULTY EQUIPMENT OR THE ACTIVITIES OF OTHERS.
Release: To the furthest extent permitted by law, You hereby release and forever discharge on behalf of yourself, your heirs, assigns, personal representatives and estate and for all members of your family and their representatives (the “Releasing Group Members”) RecRe and its officers, agents, and employees (the “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL LOSSES, DAMAGES, INJURY OR HARM TO PROPERTY OR PERSON(S) (INCLUDING DEATH) OR BY RELEASING GROUP MEMBERS, AS A RESULT OF PARTICIPATION IN THE ACTIVITY AND/OR USE OF THE RENTAL EQUIPMENT, UNLESS SUCH LOSSES, DAMAGES, INJURY OR HARM ARE CAUSED BY THE GROSS NEGLIGENCE OF THE RELEASEES.
Governing Law and Venue: This Waiver and Release, are governed by the laws of the State of Delaware without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Harrisonburg, Virginia.