Maine GearShare
Waiver and Release of Liability
1. By signing this Waiver and Release of Liability (Agreement), I waive and release Maine GearShare, its agents, servants, employees, insurers, successors and assigns from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including, but not limited to, claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement at the facility or my use of outdoor gear owned or controlled by Maine GearShare.
This waiver and release is intended to and does release Maine GearShare from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Maine GearShare’s negligence. This is not intended to release Maine GearShare from any liability resulting from their intentional conduct.
I further covenant and agree not to institute any claims or legal action against Maine GearShare for any claim released by this Agreement. I further agree that should any claim be made against Maine GearShare in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Maine GearShare for any such claim and expenses including attorney’s fees and costs incurred by Maine GearShare in defending themselves or security indemnity hereunder.
Without limiting the generality of the foregoing, I agree to indemnify and hold Maine GearShare harmless from and against all liabilities, injuries, claims, losses, or damages to persons (including bodily injury or death) or property occurring or arising from any right or responsibility granted to or assumed by me in my rental of gear from Maine GearShare or in my use of Maine GearShare’s facilities or property. This shall include all claims by me or my employees, volunteers, agents, contractors, guests, participants, customers, or any of their respective estates arising out of injuries or losses sustained in the use, transport, maintenance, or other interaction with the gear provided by Maine GearShare, except to the extent that said liabilities, injuries, claims, losses or damages are caused by or resulting from the willful misconduct of Maine GearShare or Maine GearShare’s employees, agents, volunteers, or contractors.
I acknowledge that the gear is provided “as-is” and “with all faults.” I acknowledge that Maine GearShare makes no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor does Maine GearShare make any warranty against interference, infringement, that the gear is fit for my intended use, application, or environment, or that the gear is free from defects (latent or patent). I acknowledge that no warranties are deemed to exist with respect to the gear. Any failure of, or defect in, or with respect to, any of the gear does not entitle me to any remedy at law or equity.
I acknowledge that the possession, use, transportation and/or storage of the gear may give rise to the risk of personal injury and/or property damages. I voluntarily assume all such risk and release and discharge Maine GearShare from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with negligence on the part of Maine GearShare (other than Maine GearShare’s intentional conduct).
2. I understand that Maine GearShare is not responsible for any lost, stolen, or damaged valuables or property.
3. I acknowledge that I have received and read a copy of the current rules and regulations governing the use of the facility and the outdoor gear owned or controlled by Maine GearShare. I agree that I will fully comply with all rules and regulations and with any amendments.
I have read this Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Maine GearShare for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Maine GearShare, will void and terminate this Agreement and may result in loss of the ability to use the facility.
I am signing this Agreement freely, voluntarily and competently and am at least eighteen (18) years of age.
