Waiver

WAIVER AND RELEASE OF LIABILITY—BEARSPRAY SHACK LLC

IN CONSIDERATION of being permitted to rent bear spray (“Spray”) from Bearspray Shack LLC, a Utah limited liability company (“Company”), its agents, affiliates, or partners, I, for myself, my personal representatives, executors, assigns, heirs, successors, and next of kin:

1. I ACKNOWLEDGE, agree and represent that I am voluntarily renting and using the Spray provided by Company.
2. I ACKNOWLEDGE, agree and represent that I have reviewed the tutorial video at https://bearsprayshack.com/rent-now , that I have read and reviewed the directions for safe use of the Spray, and that I understand how to use the Spray.
3. I ACKNOWLEDGE, agree and represent that I will not intentionally spray myself or others with the Spray.
4. I ACKNOWLEDGE, agree and represent that will act responsibly with respect to wildlife, including but not limited to bears.
5. I ACKNOWLEDGE and FULLY UNDERSTAND that even when using the Spray properly, there is a possibility of injury due to malfunction, blow back, wind or inclement weather, or other unforeseen circumstances.
6. I ACKNOWLEDGE and FULLY UNDERSTAND that whether using the Spray properly or improperly, in the event that the Spray comes into contact with my eyes, skin, or lungs, it may cause damage and/or irritation; that I may temporarily lose my eyesight; and that subsequent injury may take place if I attempt to move after spraying myself with the Spray.
7. I ACKNOWLEDGE and FULLY UNDERSTAND that the act of utilizing or discharging the Spray is not a guarantee against bear attacks or the SERIOUS INJURY(IES) and/or DEATH that may result therefrom.
8. I ACKNOWLEDGE and FULLY UNDERSTAND that: (a) being physically present in locations where wildlife, including but not limited to bears, may live involves risks and danger with a potential for SERIOUS INJURY or DEATH; (b) even when precautions are taken around such wildlife, animal attacks and encounters may still occur; (c) even when all precautions are taken to avoid a bear attack and I have used the Spray properly, I (or others I am with) may still be attacked by a bear; (d) there may be OTHER RISKS either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR INJURY(IES), LOSSES, COSTS, AND DAMAGES I incur as a result of my use of the Spray.
9. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMPANY, their directors, officers, affiliates, employees, volunteers, representatives, and agents, (each considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT MALFUNCTION OF THE SPRAY, SERIOUS INJURY/death, property damage, property theft, or actions of any kind which may hereafter accrue to me; I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorneys’ fees, loss, liability, damage, or cost which any may incur as a result of such claim; and I further agree to INDEMNIFY, SAVE, AND HOLD HARMLESS the Releasees from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during my use of the Spray.
10. I ACKNOWLEDGE that I have had the opportunity to review this Waiver and Release before executing this document and before renting the Spray. I acknowledge that this Waiver and Release of Liability will be used by the Company and affiliates, in which I may rent the Spray from and that it will govern my actions and responsibilities at said events.
11. I expressly agree that this Waiver and Release of Liability is governed by the laws of State of Utah. I hereby expressly consent to the personal jurisdiction of the state and federal courts located in, or with jurisdiction covering, Salt Lake County, Utah, for any action or proceeding arising from or relating to this Waiver and Release of Liability, waive any argument that venue in any such forum is not convenient, and agree that any such action or proceeding shall only be venued in such courts.
12. This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document; and, I understand its content.

BEAR SPRAY SHACK LLC

BEAR SPRAY RENTAL AGREEMENT

This BEAR SPRAY Rental Agreement (this “Agreement”) is made and entered into this @DateTime.Now.Day day of @DateTime.Now.ToString(“MMMM”), @DateTime.Now.Year (the “Effective Date”) by and between BEAR SPRAY SHACK LLC, a Utah limited liability company (“Company”) and the undersigned, (“Renter”). Company and Renter are also referred to individually in this Agreement as a “Party” and collectively as the “Parties.”

RECITALS:

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: