FARMSTEAD BIKE SHOP
ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION AND RELEASE
READ CAREFULLY BEFORE SIGNING
I (the undersigned) wish to rent and use certain recreational equipment (“Rental Equipment”) offered by Mad Farmer LLC, d/b/a Farmstead Bike Shop (“Farmstead”). The Rental Equipment may include one or more of the following: a bicycle (which may include a “fat bike” bicycle, a road bike, a mountain bike or any other bicycle), a snow tube, kayak (may include solo sit-inside, solo sit ontop, tadem kayak or any other kayak), stand-up paddleboard, snowsnows, cross country skiis, or any other equipment rented out by Farmstead. I understand that my rental and/or use of the Rental Equipment, even under the safest conditions, may be hazardous and that my use of the Rental Equipment may expose me to elements of risk that may include loss of or damage to personal property, or bodily injury or death. Risks include, but are not limited to, psychological stress and physical injuries resulting from use of the Rental Equipment, as well as those resulting from road conditions, trail conditions, weather-related conditions (including rain, mud, ice, snow and wind), traffic, bumping, falling, tripping, pulling, catching, impacting, exertion, and sun and element exposure, in addition to currently unknown or unforeseen risks, such as those that could occur due to natural occurrences. I am fully aware of the dangers and the risks to my person and property and elect to voluntarily rent and use the Rental Equipment. I understand I am under no obligation to use the Rental Equipment for any reason, and I freely elect to rent and use the Rental Equipment.
In consideration of Farmstead’s agreement to permit me to rent the Rental Equipment, I agree as follows:
1. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge Farmstead, its employees, agents, officers, trustees and representatives (in their official and individual capacities) (“Releasees”) from any and all liability whatsoever for any and all damages, losses or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorney’s fees, which arise out of, result from, occur during, or are connected in any manner with my rental and/or use of the Rental Equipment, whether caused by the negligence of the Releasees or otherwise; except that which is the result of gross negligence and/or wanton misconduct by the Releasees.
2. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless the Releasees from any and all liability, loss, damage or expense, including attorney fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which arise out of, occur during, or are in any way connected with my rental and/or use of the Rental Equipment.
3. I agree that this Assumption of Risk, Waiver of Liability, Release and Indemnification Agreement is to be construed under the laws of the State of Minnesota, U.S.A.; and that if any portion thereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. I agree that this Agreement is to be construed broadly to provide a release, indemnification and waiver to the maximum extent permissible under applicable law.
By signing this document I hereby acknowledge that I have read this entire document, that I understand its terms, that I am at least eighteen (18) years of age, that by signing it I am giving up substantial legal rights I might otherwise have, and that I have signed it knowingly and voluntarily.