THIS AGREEMENT is made between (name of user) (the “Guest”), Rental Property and Big Sky Vacation Rentals, Inc, 1569 Lone Mountain Trail, Big Sky, Montana, 59716, a Montana company (the “Manager”).

 

WHERAS, the Guest (being over the age of 18), Owner of Rental Property and the Manager have entered into an agreement for the rental of the premises located at (name of property), Big Sky, Montana 59716, and Guest desires to use the recreational equipment (Peloton) on the premises, it is hereby agreed:

 

1. Use of Equipment. During Guest’s occupancy of the premises under this Rental Agreement, Guest may use the Peloton located at the property. (The “Equipment”). It is hereby understood and agreed that Guest is in good physical condition and understands, agrees and contracts that The Manager or Rental Property is not responsible for any injury, illness or consequence resulting from the use of the Peloton Equipment and agrees to the terms and conditions and more fully set forth in #5 below.

2. Age Requirement: Guest understands that there are certain health consequences resulting from the use of the Peloton equipment. Misuse or improper use, care and management of the Peloton may result in injury, illness or other health issues. Guest agrees that only those members of Guest’s party over the age of 18 and in good physical condition may use said equipment. Guest assumes all responsibility and liability for the use of all participants while on the above described residence and expressly agrees and contract on behalf of Guest or any other participant to the terms and conditions as more fully set forth in #5 below.

3. Care/Maintenance: Guest understands and agrees to follow strict guidelines in maintaining the Peloton equipment including by way of example only, sanitizing the equipment per instructions, sanitizing the floor, shoes and screen according to instructions, and keeping the Peloton in the same or like condition as found upon rental. Any issues or concerns with the Peloton should be immediately reported to the Manager.

4. Damage. Guest shall use the Equipment in a customary and appropriate manner and shall be responsible for all damage to the Equipment in excess of normal wear and tear. Guest agrees to prohibit others from using the Equipment unless a similar agreement is executed. Guest takes responsibility for any and all damage caused by children or unauthorized users. The Equipment is excluded from any Damage Protection Plan purchased as part of the Rental Agreement.

5. Release. Guest, its successors, heirs or assigns, employees, administrators, or executors shall forever release, indemnify and hold harmless the Manager, Rental Property, Company, its directors, insurers officers, managers, employees and agents, heirs, successors, from and against any and all suits, actions, claims of personal injury (ies) including death, legal or administrative proceedings, claims, demands, damages, liabilities, loss, interest, costs and expenses, including attorneys’ fees, of whatever kind or nature, arising out of the use of the Equipment, regardless of whether the injury(ies) result in whole or in part, from the negligence of the Manager, Rental Property or the Company. Furthermore, Guest assumes and accepts full responsibility for any and all injuries, damages (both physical, economic or non-economic) and losses of any type which may occur to Guest or those under Guest’s care, and hereby forever releases and discharges the Manager, Rental Property, Company, its directors, insurers officers, managers, employees and agents, heirs, successors, officers, associates, administrators, and insurers from any and all claims, demands, damages, right of action or causes of actions be it present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of use of the aforementioned Peloton.

 

IN WITNESS WHEREOF, the Guest and the Company have caused this agreement to be executed as of the date last first set forth below.