LIABILITY WAIVER & RELEASE OF LIABILITY FOR RENTAL EQUIPMENT
BRIGHAM CITY OUTDOORS LLC
(Applies to Responsible Party, Parent/Guardian, Renter, and All Users in Their Group)
AGREEMENT AND PARTIES COVERED
By renting or using any skis, snowboards, bicycles, watercraft, or other outdoor recreation equipment provided by Brigham City Outdoors LLC, the responsible party—including the renter, any parent or guardian signing for a minor, and every individual in the renter’s group—agrees to all terms in this Liability Waiver and acknowledges that they are accepting these terms on behalf of themselves and all users in their party, whether present at the time of signing or not.
ASSUMPTION OF RISK
The responsible party understands that using outdoor recreation equipment involves inherent and significant risks, including but not limited to personal injury, paralysis, property damage, drowning, collisions, equipment malfunction, changing terrain and weather, and even death. These risks exist regardless of experience level and whether equipment is used properly or improperly. By renting or using equipment from Brigham City Outdoors LLC, the responsible party voluntarily assumes all risks for themselves and for every individual in their group.
RELEASE OF LIABILITY
In consideration for being permitted to rent and use equipment from Brigham City Outdoors LLC, the responsible party agrees to release, waive, discharge, and hold harmless Brigham City Outdoors LLC and its owners, employees, agents, manufacturers, distributors, and insurers from any and all liability, including claims arising from ordinary negligence. This includes claims for personal injury, property damage, wrongful death, equipment failure, or any other loss related to the rental, use, or possession of the equipment by the responsible party or anyone in their group. This release also applies to claims brought by minors, family members, heirs, estates, or third parties affected by the group's actions.
SKI AND SNOWBOARD EQUIPMENT DISCLOSURE
The responsible party understands that ski bindings are designed to release under certain conditions but are not guaranteed to release in all circumstances and will not prevent all injuries. Release or non-release may be influenced by terrain, technique, impact, and environmental conditions. The responsible party also understands that snowboard bindings do not release at all and are not intended to release under any circumstances, and therefore cannot reduce the risk of injury through release. The responsible party certifies that accurate information—including height, weight, age, skier type, and boot sole length—has been provided for proper ski binding settings.
BICYCLE EQUIPMENT DISCLOSURE
The responsible party understands that biking includes risks such as falls, collisions, mechanical failure, terrain hazards, and rapid changes in conditions. Helmets reduce but do not eliminate the risk of head injury. The responsible party agrees to ensure that bicycles are inspected before use, including brakes, tires, and quick-release mechanisms.
WATERCRAFT EQUIPMENT DISCLOSURE
The responsible party understands that watercraft use involves risks including drowning, water hazards, weather changes, currents, underwater obstacles, and equipment malfunction. Life jackets significantly reduce but do not eliminate the risk of drowning. The responsible party agrees that all users in their group will wear flotation devices when required and will follow applicable laws and operate watercraft safely.
MEDICAL FITNESS AND USER RESPONSIBILITY
The responsible party certifies that they and all users in their group are physically capable of participating in activities associated with the rented equipment. They agree that any user will discontinue use immediately if unsafe conditions arise or if they are unable to continue safely.
EQUIPMENT RESPONSIBILITY
The responsible party agrees to return all rented equipment in the same condition in which it was rented, normal wear excepted. They accept full financial responsibility for any loss, theft, damage, abuse, or destruction of equipment beyond normal wear. Brigham City Outdoors LLC will determine repair or replacement costs, and the responsible party agrees to pay all associated charges.
INDEMNIFICATION
The responsible party agrees to indemnify and hold harmless Brigham City Outdoors LLC from any claims, lawsuits, costs, or legal actions arising from the use, misuse, or possession of the equipment by any member of their group. This includes claims brought by third parties, minors, relatives, or estates, and includes attorney fees and defense costs.
GOVERNING LAW AND SEVERABILITY
This Agreement is governed by the laws of the state in which the rental occurs. If any portion of this Agreement is found invalid or unenforceable, all remaining provisions shall remain in full force and effect.
ACKNOWLEDGEMENT OF TERMS
By renting, accepting, or using equipment from Brigham City Outdoors LLC, the responsible party acknowledges that they have fully read, understand, and voluntarily accept all terms of this Liability Waiver and Release of Liability for themselves and all individuals in their group.