I accept for use the equipment rented to me by Flicky Stick Pole Vault (the “equipment”) and accept full responsibility for its care while it is in my possession. I will not allow anyone not a party to this agreement to use the Equipment, and will indemnify Flicky Stick Pole Vault, against any claims that arise from any equipment use by a non-party to this agreement. I will be responsible for the replacement, at full retail value, of any Equipment which is not returned, and I will be responsible for the costs of repairing or replacing any damaged Equipment, other than damage caused by normal wear and tear.
POLE VAULT POLES: I understand that the pole vault poles are designed to be used only by persons who weigh less than the rating of the pole. Use by person whose weight exceeds the limit of the pole can cause the pole to break, resulting in juries to the pole vaulter. If I choose to use a pole with a rating less than my weight, I accept the risk of injury. I understand that even poles with ratings in excess of the weight of the pole vaulter may break, resulting in injuries to the pole vaulter. This is a risk inherent in the sport of pole vaulting and I accept this risk.
INSPECTION OF POLES: I agree that it is my responsibility to examine any pole that I use for damage (e.g., cracks or chipping) or unsafe condition before renting or using such pole. I understand that Flicky Stick Pole Vault cannot inspect and monitor the condition of poles once they are in my possession. Further, I agree that once I have inspected the pole, found it satisfactory, and taken possession of it, Flicky Stick Pole Vault bear no responsibility for its condition or any resulting injuries or harm if the pole is subsequently used when it is damaged or unsafe.
I hereby agree to the fullest extent permitted by law, as follows:
TO WAIVE ALL CLAIMS that I have or may have against Flicky Stick Pole Vault, and all distributors of the equipment caused by the use of the Equipment and/or the inherent risks of the sport of pole vaulting;
TO ASSUME ALL RISKS INHERENT IN POLE VAULTING;
TO RELEASE Flicky Stick Pole Vault and all distributors of the Equipment from all liability for any loss, damage, injury or expense I (or my next of kin) may suffer, caused by the use of the Equipment and/or the inherent risks of the sport of pole vaulting;
TO INDEMNIFY and hold harmless Flicky Stick Pole Vault, all distributors of the Equipment for any loss or damage including any that results from claims or lawsuits for personal injury, death, or property loss and damage arising from any use of the Equipment
I FURTHER AGREE to submit all claims against Flicky Stick Pole Vault and all distributors of the rental Equipment used by me to arbitration.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.