Terms and conditions for (M) RENTAL: Trapeze

Assumption of Risk

Renter must recognize that certain hazards and dangers are inherent in my use of the

equipment (including but not limited to serious injury or death that may occur as a result of use

of the equipment, and also including risks and dangers that may be caused by the negligence of

others, such as negligent rigging, failure to supervise said equipment or failure to warn of

dangerous conditions of such equipment) and that Renter knowingly and voluntarily assumes such

risks. Renter further understands that they are responsible for all costs and expenses associated with

The use of any equipment and all costs and expenses related to the pickup and return of any

equipment. Renter understands that Circus is an inherently dangerous activity and assumes the

inherent risks involved.

Disclaimer of Warranties

Renter acknowledges and understand that the Wise Fool New Mexico, Inc. and its individual Board

members, officers, agents, representatives, administrators, employees and volunteers make no

representations or warranties, expressed or implied, as to the condition, quality, durability,

design, operation, fitness for use, or suitability of any equipment used in connection with this

Agreement and that renter am using such equipment at my own risk.

Waiver and Indemnification

In exchange for the privilege of using the Wise Fool New Mexico, Inc.’s equipment, Renter HEREBY

IRREVOCABLY RELEASEs, waives, relinquishes and indemnifies and holds harmless, on behalf of themself and heirs, agents and assigns Wise Fool New Mexico, Inc., ITS INDIVIDUAL BOARD

MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, ADMINISTRATORS, EMPLOYEES, ASSIGNS, SUCCESSORS, INSURERS AND VOLUNTEERS, FROM ANY AND ALL RESPONSIBILITY, LIABILITY, CLAIMS, PROPERTY DAMAGES, LOSSES (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS BASED UPON ALLEGED NEGLIGENCE OR GROSS NEGLIGENCE), FOR PERSONAL INJURY, DAMAGES, ACCIDENT, OR ILLNESS INCURRED AS A RESULT OF, ARISING FROM OR RELATED TO THE OPERATION, USE, CONTROL, HANDLING OR TRANSPORTATION OF Wise Fool New Mexico, Inc. EQUIPMENT.

Renter understands that, by executing this form they hereby waive, Wise Fool New Mexico, Inc., its individual Board members, officers, agents, representatives, administrators, employees, assigns, successors, insurers and volunteers, from and against any and all claims, demands, suits, causes of actions, whether known or unknown, past, present or future, including, but not limited to, any damages caused by use of this equipment.

Operation, Repairs and Replacement

I shall see that any Wise Fool New Mexico, Inc., equipment used under this Agreement is not

subjected to careless or unusually or needlessly rough usage and agree to return such equipment in good repair and operative condition, ordinary wear and tear resulting from proper use thereof alone expected. In the event I fail to return equipment used under this Agreement, I shall reimburse Wise Fool New Mexico, Inc., for the full cost of replacement.

I have carefully read the “Equipment Usage Agreement” and fully understand its contents. I am aware that by signing this document, I am waiving my right to sue Wise Fool New Mexico, Inc., its individual Board members, officers, agents, representatives, administrators, employees, assigns, successors, insurers and volunteers.