As acknowledged by my acceptance of this rental agreement, the undersigned participant(s) or the legal guardian(s) or other authorized party signing on behalf of the participant hereby represent that we are over the age of 18, and, intending to be legally bound by this agreement, do hereby for ourselves, heirs, executors, administrators or other relevant parties agree to the following:
I ACCEPT for use AS IS and without any warranties, express or otherwise, any equipment I rent from Podium Wheel Rentals LLC, including but not limited to wheels, helmets, power meters, pedals and other cycling related equipment. I accept full responsibility for the care of this equipment. This agreement applies to all equipment I rent or am otherwise provided by Podium Wheel Rentals LLC.
I UNDERSTAND that ALL events relating to cycling or outdoor sports can be HAZARDOUS. My involvement in these activities, my presence at any particular race, event or other function and my use of equipment involves numerous risks that may result in injury or death to me or others. I understand these dangers and certify that I am properly conditioned to participate in cycling and that I am fully informed and knowledgeable of the particular use and unique handling needs of cycling equipment, including but not limited to carbon aerodynamic wheels. I hereby freely and expressly ASSUME ANY AND ALL RISKS OF INJURY OR DEATH associated with these activities.
I AGREE TO RELEASE FROM ANY LIABILITY AND AGREE NEVER TO SUE, to the fullest extent allowed by law, PODIUM WHEEL RENTALS LLC, the equipment manufacturers, designers and distributors, and their successors, heirs, assigns, agents, employees, and affiliated companies (collectively herein, "Podium Wheel Rentals") for all damages related to injury or death to anyone resulting from or in any way related to my equipment use, regardless of cause, including the alleged NEGLIGENCE of Podium Wheel Rentals. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PODIUM WHEEL RENTALS for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of such injury or death.
I recognize and understand that Podium Wheel Rentals LLC does not authorize any person to create for it any obligation or liability in connection with their equipment except as expressly set forth herein. The undersigned participant, relevant guardian or other authorized party expressly disclaims any reliance on statements made by Podium Wheel Rentals LLC or its employees or agents except as expressly provided by this agreement.
I further recognize, acknowledge and intend that Podium Wheel Rentals LLC, and their successors, heirs, assigns, agents, employees, and affiliated companies are being released from unknown and unforeseen claims to the fullest extent permitted by law and hereby expressly waive any defenses based thereon. I expressly waive and relinquish all rights and benefits that I may have under statute or other applicable law comparable to Section 1542 of the California Civil Code, which are intended to protect against inadvertent release of unknown or unsuspected claims, and read as follows:
"Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Having been made aware of California Civil Code §1542, I hereby expressly waive any rights I may have under any statutes, other applicable law or common law principles of similar effect, with respect to the claims released hereby.
This agreement supersedes any other agreements or representations by or between the parties. This agreement is binding upon my legal representatives and heirs. This agreement applies regardless of whether the injury or death is related to the use of the rental equipment.
This agreement is severable and if any clause is found invalid, the balance of the agreement will remain in full force and effect. I agree that any action will be brought in Sonoma County, California. This agreement will be interpreted under California law.
I HAVE READ THIS RENTAL AND RELEASE OF LIABILITY/ASSUMPTION OF RISK AGREEMENT AND FULLY AGREE TO ITS TERMS.