Outdoor Equipment RENTAL WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS. 1. Definitions. The person using the equipment rented from Neptune Mountaineering shall be referred to as “Renter”. The “Undersigned” means only the Renter when the Renter is age 18 or older OR it means both the Renter and the Renter’s parent or legal guardian when the Renter is under the age of 18. “Released Parties” mean Neptune Mountaineering or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means any outdoor recreation activity and using the equipment for any purpose. 2. Use of Outdoor Equipment. The Undersigned agree to accept for use the equipment “AS IS” and with no warranties, express or implied. The Undersigned agree that they have had the full and fair opportunity to completely inspect the equipment. The Undersigned agree that the person listed on this form will be the only person using the equipment. If the Undersigned feel the equipment is not in proper working order and/or or is not functioning properly, Renter will stop using them immediately and return them for inspection, possible repair, adjustment and/or replacement. The Undersigned accept full responsibility for the care of the equipment during the rental period and will be responsible for the return, replacement and/or repair at full retail value as determined by the shop of any equipment are not returned or returned in a damaged condition. In addition, if the equipment is not returned at the agreed upon date and time, the Undersigned shall be also held responsible for late fees. The Undersigned agree that Neptune Mountaineering is authorized and shall have the right to charge the Undersigned’s credit card for repair and/or replacement cost and for late fees at the full rental value of any additional time and/or days. 3. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: defective shoes; defective equipment; improper use of equipment; slipping; falling; rugged and unpredictable mountain terrain; adverse weather; avalanches; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; mental distress from exposure to any of the above; and negligence of others THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 4. Release, Indemnification, and Assumption of Risk. In consideration of the Renter being permitted to participate in the activity, the Undersigned agree as follows: (a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Renter’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract. (b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Renter’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Renter’s participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR RENTER TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 5. Minor Acknowledgment. In the case of a minor Renter, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Renter, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Renter, signing adults represent that they are a legal parent or guardian of the minor Renter. 6. Miscellaneous. The Undersigned further agree and understand: (a) Renter will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of Colorado, and the exclusive jurisdiction for any claim shall be the Boulder Municipal Court or the federal court of Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigneds that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned. RENTER IS RESPONSIBLE FOR THE RETURN OF EQUIPMENT IN THE SAME CONDITION AS IT WAS RENTED 1. The undersigned renter (“Renter”) has carefully examined the condition of the equipment and has documented and made an associate aware of any existing damage prior to renting the equipment. 2. In the event of theft, loss, or damage to the rental equipment, the Renter is fully responsible for the cost to replace or repair of the rental equipment, up to the full retail value. The option to repair or replace the equipment shall be at Neptune Mountaineering’s sole discretion. 3. The Renter agrees that the credit card used for this rental purchase will be charged by Neptune Mountaineering to recover these repair or replacement costs and Renter agrees in advance to such charges in the event of damage or loss. If the credit card is declined, Renter understands and agrees that they are still financially bound to pay Neptune Mountaineering these costs, including any legal costs incurred by Neptune Mountaineering in connection with collection. 4. The Renter agrees that all rental equipment will be returned by its “Due Date” as noted above, or will be charged the daily rental price for the 1st five days they are returned after the return date. After the 5th day, the equipment is considered lost or stolen and the full retail value is then owed by the Renter to Neptune Mountaineering and those costs will be charged to the same credit card shown below and the Renter approves of these credit card charges and they will be undisputable with the credit card provider. I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.