NOTICE: This waiver, Release of Liability Agreement, is a legal document that limits and affects your rights. Read carefully before signing.
In Consideration of the mutual covenants and promises in this Agreement, the receipt and sufficiency of which the consideration of the Parties acknowledge, Noah’s Riders LLC agrees to rent the property (Noah’s Riders’ electric plush animal rides) to the renter on the following terms:
1. Renter agrees to fully indemnify Noah’s Riders LLC for any loss, damage, or theft of the electric plush animal.
2. Renter agrees to fully indemnify Noah’s Riders LLC for any legal fees, medical expenses, property damage, any other fees, or any legal prosecution resulting from their authorized or unauthorized operation of the Noah’s Riders electric plush animal.
3. Renter further agrees to be financially responsible for any damages, which result from operation of the Noah’s Riders electric plush animal.
4. Renter agrees to waive any right to reimbursement for any physical injury, medical expense or property damage to Renter or any other authorized or unauthorized third party that occurs as a result of the use of the electric plush animal including defective or damaged equipment.
5. Renter agrees to leave a valid government issued identification and/or credit card as a deposit during the rental period.
6. The term of this agreement shall terminate upon return of the Noah’s Riders electric plush animal and inspection by Noah’s Riders'; staff that the electric plush animal is in good working order.
7. Noah’s Riders LLC reserves the right to seek reimbursement for repairs to any part of the Noah’s Riders electric plush animal
(mechanical or cosmetic) up to the replacement cost ($1,000).
8. Renter further agrees to fully indemnify and waive damages resulting from deviation of the terms of this waiver.
Renter further agrees to abide by the following rules:
9. Renter agrees that operation of Noah’s Riders electric plush animal shall only be within the designated riding route or designated area.
10. Renter agrees that Noah’s Riders electric plush animal will not be operated on the second floor, food court, stores, elevators, escalators and stairs.
11. Riders are not allowed to go outside of the mall and/or inside the stores.
12. Renter agrees to refrain from carrying or consuming food or drinks, or allowing a designated user from doing the same, during use of the Noah’s Riders’ electric plush animal rides.
13. Renter agrees that any user under 16 years old, designated by the Renter to ride the Noah’s Riders electric plush animal, will be done under strict supervision by the Renter. All children must have adult supervision while riding.
14. Renter agrees that any designated user who is unable to plant both feet firmly on the ground shall be supervised by Renter, or other adult designated by Renter, at all times. Riders under 4 ft. must be accompanied on all rides by an adult.
15. Renter agrees that Noah’s Riders electric plush animal rides can carry up to 250lbs (120 kg) and a maximum of 2 riders. Renter further agrees that this limit weight capacity will not be exceeded during the rental period.
16. Renter agrees not to bump into persons, other objects or other animal riders at any time.
17. Renter agrees that a delay beyond the initial rental period will result in an additional fee of $1 per minute.
18. Fee of $900 will be charged for plush animals that are not returned.
This Personal Injury Waiver (the "Waiver") is made by the undersigned for the purpose of utilizing the facilities leased to Noah’s Riders LLC with the location at The Melbourne Square Mall, and in the acknowledgment that in the utilization of the premises and facilities of the Company, occupies risk of personal injury that may arise or happen at any time. In consideration of the Company allowing the undersigned to make use of the venue and its facilities and equipment for the relevant purpose by which the Company allows, the undersigned agrees to assume the foreseeable and unforeseeable risk of personal injuries or death to self and/or others related to the activity, and agrees to release, discharge, and hold harmless the Company, its owners) and employees free from any and all liabilities, claims, cause of action, damages, or losses, which may be incurred by the undersigned in using said premises and its equipment and/or facilities, and which may arise from any reason whatsoever, specifically including, but not limited to, any negligence the part of the owners, its employees, or losses arising from theft or for any other reason whatsoever. This Waiver shall be binding upon the parties, their respective heirs, representatives, successors, and assigns. In case any part of this Waiver is construed as improper or invalid, such invalidity will affect only that part of this Waiver and the rest shall remain valid and enforceable. Any alteration, modification or amendment to this Waiver shall not be considered as valid unless otherwise written and signed by the undersigned herein. I am at least 18 years of age or am the legal guardian or custodian of the child and am authorized to sign this agreement on their behalf. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between me and Noah’s Riders LLC and/or their members, officers, guests, affiliated organizations and sign it of my own free will. In the event that I am found not to have legal authority to enter into this Agreement on behalf of the child, I agree to indemnify, defend, and hold the company harmless for any claim arising from participation in utilizing the electric plush animals.
I declare that I have read and fully understand the terms and conditions of this agreement and waiver.
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