Attraction Rental Agreement and Disclaimer
By checking this box and submitting this form, you agree to the following terms. Lessee agrees to indemnify and hold HyperParties DBA harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use cite equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless HyperParties DBA from injuries or damages incurred as a result of the use of said equipment unless HyperParties DBA is operating the equipment and is deemed by a court of law to be negligent in its actions. HyperParties DBA cannot, under any circumstances, be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless HyperParties DBA from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof. B. DUTY TO MITIGATE: In the event of injury, damage or loss due to HyperParties DBA’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damages or loss. C. DISCLAIMER OF CONSEQUENTIAL DAMAGES: By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of injury, damage or loss due to HyperParties DBA’s negligence. D. DISCLAIMER OF WARRANTIES: P.O. Box 4215, Valley Village, CA 91617 HyperParties DBA makes no warranties either expressed or implied as to the condition or performance of any equipment and /or property leased by Lessee from HyperParties DBA. By signing this contract, Lessee agrees that any warranty of merchantability or fitness for a particular purpose is hereby disclaimed. By signing this contract, Lessee agrees that no express warranty as to the condition or performance of any equipment and/or property leased by Lessee is hereby disclaimed. Lessee understands that the only warranties pertaining to the condition or pertaining of said equipment and/or property is that which is stated on the instruction manual for said equipment and /or property. E. MERGER CLAUSE: This signed Agreement contains the entire agreement between HyperParties DBA and Lessee. No amendment, whether from previous or subsequent negotiations between HyperParties DBA and the Lessee, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof.
