This Liability Waiver and Release Agreement ("Agreement") is made and entered into by and between Party Rentals, LLC ("Lessor") and the undersigned customer ("Lessee"). By signing this Agreement, Lessee acknowledges and agrees to the following terms and conditions:
1. Assumption of Risk: Lessee understands and acknowledges that the use of the Equipment, including but not limited to the dunk tank, involves inherent risks, including the risk of injury, illness, death, or property damage. Lessee voluntarily assumes all risks associated with the use of the Equipment.
2. Release of Liability: Lessee, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and holds harmless Lessor, its officers, directors, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action arising out of or related to any injury, illness, death, or property damage sustained by Lessee or any third party as a result of the use of the Equipment, whether caused by the negligence of Lessor or otherwise.
3. Indemnification: Lessee agrees to indemnify, defend, and hold harmless Lessor from any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or in connection with Lessee's use of the Equipment. This includes, but is not limited to, any claims made by third parties against Lessor arising from Lessee's use of the Equipment.
4. Supervision: Lessee agrees to provide proper supervision and ensure the Equipment is used safely and in accordance with all instructions provided by Lessor. Lessee is responsible for ensuring that all users of the Equipment are aware of and follow all safety guidelines.
5. Condition of Equipment: Lessee acknowledges that they have inspected the Equipment and found it to be in good condition and suitable for their intended use. Lessee agrees to return the Equipment in the same condition, normal wear and tear excepted. Lessee is responsible for any damage, loss, or theft of the Equipment during the rental period.
6. Compliance with Laws: Lessee agrees to comply with all local, state, and federal laws and regulations applicable to the use of the Equipment.
7. Severability: If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Kansas.
9. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.