Liability Waiver & Assumption of Risk

Liability Waiver — Overview

This Liability Waiver and Assumption of Risk Agreement ("Waiver") is entered into between [Owner Name] (the "Owner") and [Renter Name] and/or [Owner Business Name] (the "Renter") in connection with the use of recreational Equipment listed as [Listing Title] through the Gear Wave platform operated by Gear Wave LLC.

THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING.

Waiver — ASSUMPTION OF INHERENT RISK

RENTER ACKNOWLEDGES that recreational activities involve INHERENT RISKS that cannot be eliminated, including but not limited to: bodily injury, property damage, drowning, falls, equipment malfunction, weather hazards, collision with people or objects, and SERIOUS INJURY OR DEATH.

RENTER VOLUNTARILY ASSUMES all such risks, whether known or unknown. This assumption of risk is intended to be enforceable in every U.S. state, including states where pre-injury releases of negligence are otherwise unenforceable.

Waiver — Acknowledgment of Equipment Use

Renter acknowledges they are voluntarily participating in recreational activities using rented Equipment, are 18 years of age or older, are physically capable of the activity, and understand proper operation and safety procedures associated with the Equipment.

Waiver — RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE STATE WHERE THE EQUIPMENT IS USED, RENTER RELEASES AND DISCHARGES Gear Wave LLC, [Owner Name], and their respective members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, liabilities, damages, injuries, losses, or expenses arising out of or related to use of the Equipment, WHETHER CAUSED BY ORDINARY NEGLIGENCE OR OTHERWISE.

EXCLUSIONS. This Release does NOT apply to gross negligence, recklessness, or willful or intentional misconduct, nor to any liability that cannot be released as a matter of law in the state where the Equipment is used.

Waiver — No Guarantees or Warranties

The rented Equipment is provided "AS IS" unless otherwise stated. To the maximum extent permitted by law, Gear Wave and the Owner DISCLAIM ALL WARRANTIES, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Waiver — Responsibility for Safe Operation

Renter agrees to: operate Equipment safely and responsibly; follow all laws and regulations; wear appropriate safety gear; avoid operation while impaired by drugs or alcohol; and not allow any minor to operate the Equipment.

Waiver — Medical Responsibility

Renter confirms they are physically capable of participating in the activity and assumes full responsibility for any medical expenses resulting from injuries or accidents. Renter authorizes Gear Wave or the Owner to seek emergency medical treatment on Renter's behalf if Renter is unable to consent.

Waiver — INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Gear Wave LLC and [Owner Name] from any claims, damages, legal fees, liabilities, or expenses resulting from Renter's use, misuse, or possession of the Equipment, or Renter's breach of this Waiver.

Waiver — Damage Responsibility

Renter accepts responsibility for damages, theft, excessive wear, missing accessories, or negligent use of rented Equipment during the rental period, up to the replacement cost of the Equipment.

Waiver — Governing Law & Severability

This Waiver is governed by the laws of the State of Washington, except that the substantive law of the U.S. state where the Equipment is used shall govern the enforceability of the Assumption of Risk, Release, and Indemnification provisions to the extent that state's law would otherwise apply.

If any provision of this Waiver is held unenforceable in any jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed. ALL REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. The Assumption of Inherent Risk shall survive even where the Release of Liability is unenforceable (including in Louisiana, Montana, and Virginia).

Waiver — State-Specific Notices

LOUISIANA, MONTANA, VIRGINIA: Pre-injury releases of a provider's own negligence may be unenforceable under your state's law. The Assumption of Inherent Risk and Indemnification provisions remain in effect to the fullest extent permitted.

NEW YORK, NEW JERSEY, CONNECTICUT, MASSACHUSETTS: The Release applies only to the extent permitted under your state's law and never applies to gross negligence or willful misconduct.

CALIFORNIA: Renter expressly waives the protections of Civil Code Section 1542 to the extent permitted by California law.

FLORIDA, GEORGIA: Risk and release language is intentionally bolded and capitalized to satisfy conspicuousness requirements.

Waiver — Electronic Signature

By signing electronically or accepting this Waiver through the Gear Wave platform, Renter confirms they: have read this Waiver, understand the risks involved, voluntarily agree to all terms, are at least 18 years of age, and are legally authorized to enter this Waiver. Renter's typed signature, IP address, and timestamp constitute a legally binding electronic signature under the federal E-SIGN Act and the Uniform Electronic Transactions Act (UETA) as adopted in Renter's state.