TERMS
1. Borrower assumes all risks associated with use of a Huntmaster. Borrower understand the inherent risks of hunting, angling, and wildlife watching.
2. Borrower understands that failure to follow operating and safety requirements listed in the manufacturer’s user manual may cause personal injury and/or equipment damage. Borrower assumes all risks, including personal injury and property damage to its agents, the event participants, or any third party.
3. Borrower agrees to pick up the Huntmaster at its own expense and risk and return the Huntmaster to the same location at the day and time indicated above.
4. Borrower has read the Huntmaster manufacturer’s requirements and recommendations and agrees to ensure compliance with all equipment requirements and any applicable laws, whether local, state, or federal, regarding the use of the equipment.
5. Borrower will ensure that the Huntmaster is used for the purpose for which it was designed only and not for any other purpose.
6. Unless prior written consent is obtained from WRC, Borrower will not alter, modify, or attach anything to the Huntmaster.
7. Borrower is not authorized to assign this Agreement.
8. Borrower is not authorized to allow any person other than its agents and event participants to use the Huntmaster.
9. Borrower will return the Huntmaster to the WRC in good repair, appearance, and condition (normal and reasonable wear and tear is expected).
10. If the Huntmaster is not in good repair, appearance, or condition when it is returned to the WRC, Borrower will be responsible for repairs necessary to put the Huntmaster in a state of good repair, appearance, and condition.
11. If the Huntmaster is lost, stolen, or damaged, Borrower will provide the WRC with prompt notice.
12. If the Huntmaster is lost or stolen, Borrower will be responsible for the cost of the Huntmaster. If the Huntmaster is damaged, the Borrower will be responsible for the cost of repairs.
13. Borrower shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation in connection with this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by their use of the Huntmaster and that are attributable to their negligence or intentionally tortious acts. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Agreement.
14. WRC, being neither the manufacturer, nor a supplier, nor a dealer in the equipment, makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods. WRC further disclaims any liability whatsoever for loss, damage, or injury to lessee or third parties as a result of any defects, latent or otherwise, in the equipment. As to Borrower, WRC allows use of the equipment “as is.” WRC shall not be liable in any event to Borrower for any loss, delay, or damage of any kind or character resulting from defects in, or inefficiency of, equipment hereby leased or accidental breakage thereof.
15. The place of this Agreement, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.
16. This Agreement is made under and shall be governed, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules.
17. This Agreement constitutes the entire agreement between the parties.