RELEASE OF LIABILITY
In consideration of the rental agreement between myself and Ponte Vedra Baby Butler, I acknowledge and agree to the following terms:
1. I agree that I am responsible for the correct use of rental items according to manufacturers’ instructions and guidelines.
2. I understand that there exist certain risks of injury from the use or misuse of such items, including the potential risk of serious injury, disability or death.
3. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my use of such items.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby hold harmless, and agree not to sue Ponte Vedra Baby Butler the owner of all such items I have agreed to rent, their officers, agents and employees, with respect to any and all injury, disability, death and loss or damage to person or property, whether caused by the negligence of the owner or otherwise, except that which is the result of gross negligence or wanton misconduct.
5. I understand that this RELEASE OF LIABILITY covers each and every item which I have agreed to rent.
6. I further agree that this RELEASE OF LIABILITY shall be governed by the laws of the State of Florida.
Arbitration of Disputes
The Parties shall make a good-faith effort to settle any dispute or claim arising under the terms of this agreement through mediation with the assistance of a mutually acceptable mediator. If any party commences an action based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. If the Parties fail to resolve any such disputes or claims, they shall submit them to arbitration under the provisions of the Florida Code of Civil Procedure, Section 1.820.
ALL ITEM(S) ARE RENTED WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
