SAFETY GEAR RENTAL AGREEMENT
Thank you for renting race gear from Racesuitrental.com! We appreciate you choosing us to protect you during your racing event. By renting with us and allowing us to charge your credit card, you agree to the following regarding the race gear rental:
1) You will return the race suit in a timely manner
2) We require that the suit be shipped back to us with the included return label within 2 days after your race. If this cannot be done, you must make prior arrangements with us. If prior arrangements are not made, rental fees will be taken out of your deposit for each weekend after your race until we receive the suit. If you ship it back within 2 days of your race and the shipping time takes longer, no additional fees will apply.
3) Please take care when using the suits, since professional racing suits are fragile and can tear easily from contact with sharp objects. We inspect every suit for damage when they are returned. There will be repair fees taken out of your deposit if we need to make minor repairs. In the case of damage beyond repair, we reserve the right to use part or the entire sum deposited by the customer to either repair the damage or purchase a replacement suit if necessary. Race Suit Rental LLC shall be the judge of what constitutes damage to the suit.
4) Condition of Gear
The race gear shall be returned in the same condition as it was shipped. Please do not make any alterations to the suit or gear. You are responsible to return the gear in the same condition it was rented (except for normal wear and tear). Please do not try and repair or clean the gear on your own.
Racesuitrental.com is not liable for the safety of any person wearing the Race
gear during the rental period or thereafter. The driver and or customer renting
the race gear assumes all responsibility for their safety.
Thank you for taking care when using our racing gear. We hope that it makes you safe and fast!
Please follow the following instructions for returning the gear using the included return label:
Pack the racesuit and gear carefully to avoid damage.
Please try and re-use the original packaging, please make sure you remove
or cover up any labels on the box and seal securely with packing tape.
Remove the backing from the enclosed, pre-paid FedEx label and affix it to the package.
Bring your package to any FedEx authorized facility (FedEx Store, most large office supply stores,
or any FedEx facility, to name a few). Your employer may also receive regular
FedEx service, so the driver there can take it, as well.
If you have questions or require additional assistance, please e-mail us at firstname.lastname@example.org
At Racesuitrental.com, we are dedicated to providing excellent customer service and satisfaction,
as well as offering reasonable prices on the safety gear you require.
We hope that you have a great race and that we can be of service to you in the future!
IMPORTANT LEGAL DOCUMENT – READ CAREFULLY
RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR USE OF EQUIPMENT PROVIDED THROUGH MOTORSPORT SAFETY FOUNDATION AND RACE SUIT RENTAL AT ALL EVENTS
IN CONSIDERATION of utilizing equipment (“Equipment”) as set forth in the Equipment Lease Agreement provided through Motorsports Safety Foundation Corp. (“MSF”) and Race Suit Rental, LLC. (“RSR”). and being permitted by a Third Party who is not affiliated with MSF to compete, officiate, observe, work for, volunteer, attend or participate in any way (collectively “Participate”) in ANY organized, sanctioned, promoted, ancillary or related events or activities (collectively “Events”) for and during the calendar year 2016 (and any subsequent years I may Participate), on behalf of myself, my personal representatives, heirs, and next of kin:
1. I acknowledge, agree and understand the Events are conducted by a Third Party not affiliated with MSF or RSR and the Events are not a service rendered to the public at large. In understand that my presence on the premises related to the Event or around the RESTRICTED AREA, as defined below, can expose me to dangers both from known risk and unanticipated risk. I willingly and knowingly assume these risks, including the risk of negligent conduct, including through the use and operation of the Equipment.
2. I acknowledge, agree, and represent that I have or will immediately upon entering any race track premises, testing facilities, restricted areas, spectator viewing and parking areas, tracks and all other areas related to the Event (“RESTRICTED AREA”), and will continuously thereafter, inspect the RESTRICTED AREA which I enter, and further agree and warrant that, if at any time, I am in or about RESTRICTED AREA and I feel anything to be unsafe, I will immediately advise the officials of such and if necessary will leave the RESTRICTED AREA and/or refuse to participate further in the EVENT(S).
3. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MSF, its parent, officers, directors, managers, agents, employees, subsidiaries, or any affiliated entities, including, but not limited to, the manufacturer and any distributor of the Equipment, any racing associations or series, sanctioning organizations or any affiliated entities thereof, track operators, track owners, participants, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, equipment and parts manufacturers and suppliers, advertisers, owners, vendors, lessors, and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and for each of them, their directors, officers, agents and employees, (all of which are hereinafter collectively referred to as the “Releasees”), FROM ALL LIABILITY TO ME, my personal representatives, executors, administrators, trustees, guardians, successors, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH ARISING OUT OF (directly or indirectly) OR RELATED (directly or indirectly) TO THE EVENT(S), AND/OR USE AND OPERATION OF THE EQUIPMENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, I HEREBY AGREE TO INDEMNIFY,RELEASE, SAVE AND HOLD HARMLESS THE RELEASEES and each of them from any loss, lawsuit, claims, liability, damage, or cost (including reasonable attorney fees), of whatsoever nature or description, they may incur due to claims brought against the Releasees arising out of my presence in the RESTRICTED AREA, involvement in the EVENT(S) and/or use and operation of the Equipment, and/or my injury or death or damage to my property while using or possessing the Equipment and whether caused by the negligence of the RELEASEES, the Equipment or otherwise.
5. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related (directly or indirectly) to the use or operation of the Equipment and/or the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES, the failure or condition of the Equipment or otherwise.
6. I HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE POTENTIALLY VERY DANGEROUS and may involve the risk of serious injury and/or death and/or property damage. I also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
7. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, I HEREBY agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is not prohibited by the laws of the Province or State in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, I HEREBY agree this Agreement shall be binding upon and enforceable against me, my personal representatives, spouse, executors, administrators, trustees, guardians, successors, assigns, heirs, and next of kin without limitation and shall be in full force and effect for all EVENT(S) in which I Participate and whenever I use or operate the Equipment.
9. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, this release and waiver of liability, assumption of risk and indemnity agreement shall include in its effect all claims or controversies of whatsoever nature or description, known or unknown, suspected or unsuspected, fixed or contingent arising, directly or indirectly, from the Events in which I Participate and/or use or operation of the Equipment. I acknowledge there is a risk subsequent to the execution of this agreement, I may discover, incur or suffer claims which were unknown or unanticipated claims which arose from, are based upon or are related to the Events and/or use or operation of the Equipment in which I may Participate, which if known by me as of the date of execution of this agreement would have materially affected my decision to execute this agreement. I acknowledge and agree by reason of my execution of this agreement; I am assuming all risk of all unknown and unanticipated claims and agree my release of the Releasees applies with equal effect to all such claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code (and other similar statutes to the fullest extent not prohibited by applicable law), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This agreement is intended in its effect to include any known, unknown, suspected or unsuspected claims of whatever nature or description.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW IN EVERY JURISDICTION IN WHICH I PARTICIPATE IN AN EVENT. I ACKNOWLEDGE AND AGREE THAT FAILURE TO WITNESS OR NOTARIZE THIS AGREEMENT SHALL NOT AFFECT ITS VALIDITY.
READ CAREFULLY BEFORE PLACING ORDER