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Native4Rent Liability Release and Guest Waiver

Published January 26, 2018

In order to participate in any Adventure or activity associated with any Native4Rent services, Natives and Native4Rent require you to accept this Liability Release and Guest Waiver, and your use of Native4Rent constitutes your acknowledgement that you have read and understand and agree to the terms of this Liability Release and Guest Waiver. This is a legally-binding Agreement which is effective between you and all applicable Natives and Native4Rent as of the date when you first book or participate in an event or Adventure. All terms are defined the Terms of Service.

You represent that you are 18 years of age or older, or 21 when applicable. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision, safety and wellbeing of that minor throughout the duration of the activity or Adventure, and have read this Liability Release and Guest Waiver and agree to it on the minor’s behalf. If you are booking an Adventure on behalf of other Guests, you will provide to them this information of rights, responsibilities and legal implications and limitations set forth herein, and ensure, represent and warrant that each Guest has read and agreed to this Liability Release and Guest Waiver as well. All conditions set forth shall apply to each additional Guest(s) as if the reference to “you” was a reference to them.

Assumption of Risks

You understand and acknowledge that the activities for which you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, dismemberment and/or death.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN THE ACTIVITY, INCLUDING EACH ADVENTURE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE NATIVE, CO-NATIVE, OR OTHER PARTY, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE ACTIVITY OR ADVENTURE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN ANY EVENTS.

Release and Waiver

You acknowledge and agree that:

  • You have reasonably assessed the risks involved in the Adventure(s) and activities and have made an informed and voluntary choice to participate.
  • You, and you alone, are responsible for determining your fitness for participating in the Adventure(s) and your ability to fully understand any directions or warnings presented. Native(s) are not to be held responsible for judging your ability. It is your duty to inform them of any concerns or inability to participate.
  • You will not participate in any Adventure(s) and/or activity when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Adventure(s) and/or activity.
  • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Adventure(s) and/or activity. If you notice any hazard during an Adventure, it is your responsibility to stop participation in the Adventure immediately.
  • You will not hold at fault or place any blame on Native4Rent for any events that take place on any activity or Adventure.
  • It is your responsibility as a human being to keep an eye on your fellow human being and practice the highest levels of safety possible, and, to the best of your ability, spot any dangers and prevent harm from coming to others.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR NATIVE(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ADVENTURE(S) OR ANY OTHER SERVICES PROVIDED TO YOU VIA THE N4R PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

You intend this Liability Release and Guest Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Liability Release and Guest Waiver is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIVES PROVIDE THE ADVENTURE(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIVE(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Liability Release and Guest Waiver, you or anyone on your behalf make a claim against the Native(s) relating to an Adventure, you will indemnify and hold the Native(s) harmless from any liability, demand, loss, damage, or costs which the Native(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS LIABILITY RELEASE AND GUEST WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.