This is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Agreement”) is applicable to all users (renters, lenders, operators, suppliers, providers) of Booomerang not to exclude all equipment and gear (hereinafter collectively the “Rental item”) listed on the Booomerang Marketplace, (hereinafter “Booomerang”) as well as any other affiliated entities or individuals there under. For purposes of this Agreement, the term “Booomerang” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of Booomerang. Renter agrees that you are also signing this Agreement on behalf of any minor children for whom you are the parent, guardian, or whom you are otherwise responsible for the care, custody or control. Renter agrees that you will disclose to Booomerang all potential renters, operators, passengers and users of the Rental item. Renter further agrees that in the event you fail to notify Booomerang of all potential renters, operators, passengers or users of such Rental item, you will be personally liable for any injuries or damages to the undisclosed individuals, even if such damages arise out of the gross negligence of Booomerang.
2. Assumption of Risk
I acknowledge that the rental, operation or use of a Rental item has inherent risks that may lead to bodily injury, death, drowning and/or property loss not to exclude damage. I further understand that I am not bound or required to participate in any of the activities relating to the rental, operation and use of the Rental item, but I have willingly and voluntarily decided to participate in such activities. I realize that I am free to refuse to participate in any or all activities relating to the rental, operation and use of the Rental item including those activities I feel uncomfortable with. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, related to the rental, operation or use of the Rental item or related to the rental equipment, even if arising from the negligence or omission of Booomerang and assume full responsibility for my participation in the rental, operation and use of the Rental item.
Therefore, I voluntarily elect to accept and assume all risk of injury and/or death associated with this service and I will not hold Booomerang and anyone affiliated with them accountable for any circumstances of the event of using the Rental item. I confirm that I am in reasonable physical condition and do not suffer from any disabilities or physical conditions that places me or others at risk or otherwise should prohibit their participation in the event of using Booomerang services. I hereby waive and release, indemnify, hold harmless and forever discharge the owners of the Rental item being used. I understand that the activities that I will participate in on the booking date could inherently be dangerous and participation may cause harm or grievous injuries, including bodily injury, damage to personal property and/or death.
3. Release / Covenant Not to Sue
I hereby release and hold harmless Booomerang from all liability, claims, demands, lawsuits, arbitration/s or causes of action for any injury, illness, disability, death, or loss or damage to any person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or whom I am otherwise responsible, whether caused by the negligence of Booomerang or otherwise. This includes any injury, illness, death, disability, or loss or damage to person or property sustained as a result of a hidden or obvious defect on the Rental item or any of the rental equipment used, or any failure on the part of Booomerang to properly instruct or supervise me on the operation of the Rental item. As part of the consideration for using the Rental item, I promise not to file a lawsuit or other proceeding or make a claim against Booomerang for any death, injuries, illness or damage or loss to persons or property suffered as a result of my participation in the rental, operation and usage of the Rental item. It is the intent of this rental agreement to fully and completely release Booomerang from any and all lawsuits, proceedings or claims of any type whatsoever.
By this rental agreement, I assume any risk, and take full responsibility and warranty of any and all claims of personal injury and death or damages to, but not limited to my use of the Rental item and/or engaging in the Rental item's activities or other activities on and near the Rental item during the booking date and use of the Rental item.
This rental agreement contains the full and complete agreement between all users of the Rental item booking. The rental agreement is contractual and not merely a recital, and supersedes any and all prior written or oral agreements and representations between the users concerning the activities, the Rental item and the rental agreement.
5. Rental terms
- I agree to be truthful and honest about my identity and address if it is asked for.
- I agree to abide by the rental period, pickup and drop-off times, and adhere to any late fees or penalties for returning rental items past the agreed-upon time and day.
- I agree to inspect the Rental item(s) upon pickup and report any damage or issues immediately. I am responsible for returning the Rental item(s) in the same condition I received them.
- I agree to use the Rental item(s) for the intended purpose of the item(s).
- I agree to release the rental marketplace, Booomerang, and its vendors from any liability for personal injury, property damage, or any other claims arising from the rental or use of the item(s).
- I acknowledge that user of a Rental item from Booomerang can require strenuous physical activities and there is risk for injury arising from participation.
- I agree that Booomerang will charge my credit card if the Rental item is lost or damaged.
- I agree to INDEMNIFY AND HOLD HARMLESS Booomerang from any claims made by or through me by third parties against Booomerang of my child.
- I WARRANT that, if I am agreeing to this waiver on behalf of a child under the age of 18 years by booking a Rental item on Booomerang, I am a parent or legal guardian of such child and am legally entitled to sign such waiver.
6. Waiver and Release of Liability
The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge Booomerang, its officers, agents, employees, successors, affiliates and assigns, not to exclude Booomerang from any and all claims or liability arising from the use or operation of the Rental item, or use of the Booomerang services or activities organized or sponsored by Booomerang and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of any other third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of Booomerang Renter acknowledges that this wavier and release includes the waiver of future, unknown claims.
7. Governing Law
The laws of CANADA shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto and any disputes under this agreement are subjected to the exclusive jurisdiction of the courts of CANADA.
Furthermore, this rental agreement is binding upon my respective spouse, heirs, next of kin, executors, administrators, representatives, successors and assigned. This rental agreement shall be subject to Canadian laws. The provisions of this rental agreement will remain in issue and in full force and effect even after termination of the user's activities and Rental item booking. I acknowledge that I have read, understand, and fully agree to the terms of this rental agreement and its contents. I understand and confirm that by agreeing to this rental agreement I have given up considerable future legal rights. I am agreeing to this rental agreement voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me.
In Witness Whereof, the undersigned Renter has read, understands and agrees to be legally bound to this rental agreement effectively Waiving THEIR rights and Releasing of Liability to Booomerang FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself, his or her minor children and his or her heirs, not to exclude the guests.
My continuation to book Rental item(s) on Booomerang is proof of my intention to execute a complete and unconditional RENTAL AGREEMENT of all liability to the full extent of the law in CANADA. I am 18 years of age or older and mentally competent to enter into this RENTAL AGREEMENT.