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RV CAMPING RENTAL – RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of temporary rental of a Recreational Vehicle, including operation and/or towing, organized by Patrick T. Atherton, and Karla M. Atherton (DBA "RV Camping Rental"), or through a third-party rental platform, I, the customer, agree to the following terms for the RV rental period listed and specified within the reservation receipt and the "Delivery Inspection Report".
1. AGREEMENT TO FOLLOW DIRECTIONS AND INSTRUCTIONS
I agree and understand that I will operate the RV as it was instructed to me, both verbally and in writing. I will follow all proper driving safety laws, regulations, and strategies when driving or towing a recreational vehicle to avoid damaging the RV, vehicles around me, people, or anyone inside the RV or the tow vehicle (if applicable). Speed will be maintained at a maximum of 60 mph, adjusting for weather, road conditions, and my driving skills.
2. ASSUMPTION OF RISKS AND RELEASE
I acknowledge and understand that there are inherent risks associated with renting and using the RV. I freely and voluntarily assume full legal, personal, and financial liability for any personal injury or property damage that occurs to me, my family, my guests, or any other person or property, including fatalities, during the rental period. Further, I release Patrick T. Atherton, Karla M. Atherton, DBA "RV Camping Rental," the registered RV owner, the third-party rental platform, and any associated facilities from any claims related to injuries, damages, or losses.
3. INDEMNIFICATION
I agree to indemnify and defend Patrick T. Atherton, Karla M. Atherton, DBA "RV Camping Rental," the RV's registered owner, the third-party rental platform, and any other involved parties against all claims, causes of action, damages, costs, expenses (including attorney fees), or judgments arising from the use or presence of the RV during my rental period.
4. FEES FOR DAMAGES
I agree to pay for any damages to the RV, facilities, or property caused by my negligence, recklessness, or willful actions, or by my family or guests. This includes all associated fees for repairs, replacement, and any additional costs incurred by RV Camping Rental.
5. APPLICABLE LAW
Any legal or equitable claims arising from this Agreement shall be resolved under the laws of the state of California.
6. NO DURESS
I acknowledge that I am under no duress to sign this Agreement, and I have been given a reasonable opportunity to review it before signing. I am also free to consult with legal counsel if I desire.
7. ARM'S LENGTH AGREEMENT
This Agreement is the result of an arm’s length negotiation between the parties. In the event of ambiguity in interpretation, neither party will be construed as the drafter, and any such ambiguity will be resolved without bias towards either party.
8. ENFORCEABILITY
If any part of this Agreement is deemed invalid or unenforceable, the remainder of the Agreement will still be in effect, and the unenforceable provision will be considered not part of this Agreement.
9. DISPUTE RESOLUTION
Any disputes related to this Agreement will first be attempted to be resolved through negotiation. If this is unsuccessful, disputes will be resolved through Alternative Dispute Resolution (ADR).
• Mediation will be used first. If mediation does not resolve the dispute, then the remaining issues will be handled by binding arbitration under the rules of the American Arbitration Association.
• The arbitrator's decision will be final and can be entered as a judgment in any court of appropriate jurisdiction.
10. RESERVATION INFORMATION
• The Recreational Vehicle Rented information as well as the vehicle's VIN# will be disclosed within the reservation receipt and the "Delivery Inspection report".
11. RELEASE OF LIABILITY ACKNOWLEDGEMENT
By signing this document, I acknowledge and agree to release full liability from RV Camping Rental, the registered owners, and third-party rental platform companies, and I waive any right to file a claim for personal or property injuries to myself, my guests, or others involved in the rental period.
NOTE: CUSTOMER WILL INITIAL "DELIVERY INSPECTION REPORT" AS ACCEPTING AGREEMENT AND UNDERSTANDING TO THIS RELEASE OF LIABILITY CONTAINED HEREIN.
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