BookOutdoors | RV Rental Waiver of Liability and Release

RV Rental Waiver of Liability and Release

Last revised: 03/05/2024

THIS WAIVER OF LIABILITY AND RELEASE (“Release”) is executed by the undersigned RV renter (“I” or “me”) in favor of RVshare, LLC (“RVshare”).

I desire to attend and/or participate in the event detailed at bookoutdoors.com (the “Event”) and purchase an experience package provided by BookOutdoors (“BookOutdoors”) for the Event (“Package”). I acknowledge that the Package includes, but is not limited to, access to, and rental of, a recreational vehicle, including but not limited to, motor homes, campervans and fifth-wheel trailers (collectively referred to herein as, an “RV”), through RVshare, as well as, specific related services (“RV Rental and Services”). I understand and agree that, while the Package may include other products, services and/or amenities, RVshare is only responsible for the RV Rental and Services.

In consideration of the RV Rental and Services, and for other good and valuable consideration, including in recognition of RVshare’s reliance hereon, I hereby execute this Release and agree to the following terms:

1. Group Responsibility. I AGREE THAT, AS THE PURCHASER-OF-RECORD OF THE PACKAGE, I AM PERSONALLY RESPONSIBLE FOR ANYONE AND EVERYONE WHO IS A PARTY TO MY GROUP (I.E., ANY AND ALL OTHER PARTIES WHO ACCEPT THE BENEFITS OF THE RV RENTAL AND SERVICES) (“GROUP”). I FURTHER AGREE THAT I SHALL NOTIFY ANY AND ALL SUCH INDIVIDUAL(S) IN MY GROUP OF THIS RELEASE AND ITS TERMS AND CONDITIONS AND THAT I WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS RVSHARE AND RVSHARE RELEASED PARTIES (AS DEFINED BELOW) FROM ANY CLAIMS MADE BY THE GROUP OR ANY MEMBER OF THE GROUP AGAINST RVSHARE. ACCORDINGLY, THIS RELEASE SHALL GOVERN EACH MEMBER OF THE GROUP AND, WHERE APPLICABLE, ANY REFERENCE TO “I” OR “ME” SHALL BE DEEMED TO REFERENCE THE “GROUP”.

2. Assumption of Risk. I am aware and understand that attending the Event and/or accepting the RV Rental and Services may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks, not limited to but including property damage, bodily injury or death. I acknowledge that I am voluntarily attending and/or participating in the Event and accepting the RV Rental and Services and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of my attendance and/or participation in the Event and purchase of the Package, including the RV Rental and Services.

3. Release and Waiver. IN CONSIDERATION FOR ENJOYING THE BENEFITS OF THE RV RENTAL AND SERVICES, I EXPRESSLY WAIVE ALL LIABILITY AND FULLY AND FOREVER RELEASE ALL CLAIMS, WHETHER UNKNOWN, NOW KNOWN OR HEREAFTER KNOWN, AGAINST RVSHARE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND INSURERS, AND ALL OTHERS INVOLVED IN THE PROVISION OF THE RV RENTAL AND SERVICES (COLLECTIVELY, “RVSHARE RELEASED PARTIES”) ARISING FROM OR RELATING TO ANY AND ALL INJURIES (INCLUDING DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, ATTRIBUTABLE TO ME, THE GROUP OR ANY MEMBER OF THE GROUP ATTENDING THE EVENT, RECEIVING THE RV RENTAL AND SERVICES, OR OTHERWISE, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE AND/OR RECKLESSNESS OF ME, THE GROUP OR ANY MEMBER OF THE GROUP AND/OR RVSHARE RELEASED PARTIES. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST RVSHARE RELEASED PARTIES, AND FOREVER RELEASE AND DISCHARGE RVSHARE RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.

4. Security Deposit Waiver Acknowledgment. I agree and acknowledge that the RV Rental and Services are subject to RVshare’s Terms of Service (https://rvshare.com/terms-of-service), which may be revised at RVshare’s discretion without prior notice. Additionally, I acknowledge that the Package includes a nonrefundable fee of $149.00, designated as a security deposit waiver for the RV Rental and Services. In consideration of this, I understand and agree that the security deposit waiver provides coverage for damages for which I would otherwise be held responsible under RVshare’s Terms of Service, up to a limit of $1,500.00. In the event that damages exceed $1,500.00, I acknowledge and agree to my responsibility for the remaining amount.

5. Insurance. EXCEPT AS OTHERWISE PROVIDED ABOVE, I UNDERSTAND THAT, EXCEPT AS AGREED TO BY RVSHARE IN WRITING, RVSHARE DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY.

6. Indemnification. I personally agree to indemnify, defend, and hold harmless RVshare from any and all claims (including third-party claims, including, but not limited to, claims made by the Group and the Group’s members’ heirs and successors), liability, losses, damages, judgments, or expenses, including reasonable attorneys’ fees, that it may incur or sustain in connection with my acts or omissions concerning the Event and/or the RV Rental and Services, even in the case of my own negligence or the ordinary negligence of RVshare. Further, I personally agree to indemnify, defend, and hold harmless RVshare from any and all liability, losses, damages, judgments, or expenses, including reasonable attorneys’ fees, that it may incur or sustain in connection with (i) any Group individual(s) claiming this Release is invalid and/or unenforceable and/or (ii) the acts or omissions of any Group individual(s) concerning the Event and/or the RV Rental and Services, even in the case of my own negligence or the ordinary negligence of RVshare.

7. Miscellaneous. I hereby agree that this Release represents the full understanding between RVshare and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between the parties, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. This Release is binding on and inures to the benefit of RVshare and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Release shall be governed by and interpreted in accordance with the laws of the State of Delaware, without reference to any choice of law doctrine.

I agree and acknowledge that I am under no pressure or duress to sign this Release and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Release if I so desire.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE RVSHARE. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.