Client Release and Waiver of Liability
This Release and Waiver of Liability (the “release”), executed on / / by (“Client”), releases Serenity Storage and Parking, LLC, a limited liability company organized and existing under the laws of the State of Texas, and each of its members, managers, directors, officers, employees, and agents (collectively, the “Company”), from any liability or loss associated with, derived from, or otherwise resulting from the storage and parking of client’s equipment, tools, and material at the Company’s facilities. At the time of execution of this waiver, Client desires to enter into an agreement whereby, in consideration of funds paid to the Company, Client will be allowed to park and store certain equipment, tools, and material on lands lawfully possessed and made available by the Company. In furtherance of that understanding, Client hereby agrees to the following terms and stipulations:
1. Scope of Relationship: I, the Client, herby understand and agree that my relationship with the Company is limited to the parking and storage of certain equipment, tools, and material on land lawfully possessed and made available by the Company. I have no interest, expectation, or understanding with the Company outside the scope of this relationship.
2. Waiver and Release: Further, I hereby release and forever discharge and hold harmless the Company, its successors, and its assigns from any and all liability, claims, demands, and loss, of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my relationship with the Company.
3. Illegal Activity: Further, I hereby release and forever discharge and hold harmless the Company and each of its members, managers, directors, officers, employees, and agents from any and all liability, claims, demands, and loss which may arise from the illegal activities of third parties. These activities include, but are not limited to, trespass, theft, vandalism, arson, unlawful destruction of property, desecration, and acts of terrorism.
4. Natural Disasters/Acts of God: Further, I hereby release and forever discharge and hold harmless the Company and each of its members, managers, directors, officers, employees, and agents from any and all liability, claims, demands, and loss which may arise from natural disasters, also known as Acts of God. These disasters include, but are not limited to, flooding, lightning damage, storm damage, earthquakes and other seismic activity, and fires of unknown origin.
5. Environmental Harm: Further, I understand that equipment, tools, and materials I park and stored on land lawfully possessed and made available by the Company may pose risk of certain health and environmental damages. If my equipment tools, or are found to be or alleged to be the source of harm or damage suffered by a third party, I agree to assume liability for said damages. I expressly agree to hold the Company free of liability in such instances, and agree to indemnify the Company in any such instances.
6. Negligent Activity: Further, I hereby release and forever discharge and hold harmless the Company and each of its members, managers, directors, officers, employees, and agents from any and all liability, claims, demands, and loss which may arise from the negligent acts of third parties on lands lawfully possessed and made available by the Company.
7. No Property Loss Insurance or Assistance: Further, I understand that the Company does not assume any responsibility or obligation to provide me with insurance or any other assistance related to loss or damage to my equipment, tools, and material parked or stored on lands lawfully possessed and made available by the Company. I hereby assume full liability, and agree to hold the Company harmless, from any and all liability related to the loss or damage to my equipment, tools, and material parked or stored on lands lawfully possessed and made available by the Company.
8. No Medical Insurance or Assistance: Further, I understand that the Company does not assume any responsibility or obligation to provide me with insurance or any other assistance related to the death or bodily injury of myself, my partners, my associates, my employees, my agents, or any individuals present on lands lawfully possessed and made available by the Company at my direction. I hereby assume full liability, and agree to hold the Company harmless, from any and all liability related to the death or bodily injury of myself, my partners, my associates, my employees, my agents, or any individuals present on lands lawfully possessed and made available by the Company at my direction.
9. Medical Treatment: Further, I hereby release and forever discharge the Company from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or medical services rendered in connection with an emergency or medical need rendered during my business relationship with the Company on lands lawfully possessed and made available by the Company.
10. Assumption of Risk: Further, I understand that the activities I conduct on lands lawfully possessed and made available by the Company may include activities that may be hazardous to me, including, but not limited to, the loading/unloading/handing of heavy equipment, and the operating of heavy machinery. I understand that these are inherently dangerous activities. I hereby expressly assume risk of injury or harm from these activities and release the Company from any and all liability.
11. Safety & Security: Further, I understand that the Company may, from time to time, at the Company’s discretion, take certain measures to ensure proper safety and security measures regarding the storage and parking of Client’s equipment, tools, and material on lands lawfully possessed and made available by the Company. I hereby understand and agree that no such measures on the Company’s part shall at any point change, alter, or otherwise affect the terms and stipulations I have agreed to in this Release.
12. Activities of Other Clients: Further, I understand that the Company may, from time to time, at the Company’s discretion, engage with other Clients for the purpose of parking and storing certain equipment, tools, and material on lands lawfully possessed and made available by the Company. I understand that these other Clients may engage in inherently dangerous activities. I hereby expressly assume risk of injury or harm from these activities and release the Company from any and all liability.
13. Indemnity Provision: Further, I understand that I am responsible and liable for myself, my employees, my agents, and my equipment, tools, and material at the Company’s facilities. I agree to assume full liability, indemnify the Company, and hold the Company harmless from any harm or damages that befalls these parties or property. I further understand and agree that any harm or damages sustained by parties other than myself, caused or alleged to be caused by myself, my employees, my agents, or my equipment, tools, and material at the Company’s facilities are to be my sole liability, and I agree to assume full liability, indemnify the Company, and hold the Company harmless from any such harm or damages.
14. Broad and Full Effect: As a Client, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the State of Texas, and that this Release shall be governed by and interpreted in accordance with the Laws of the State of Texas. I agree that in the event
that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.
By signing below, I express my understanding and intent to enter into this Release and Waiver of liability willingly and voluntarily.
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