Helium Tank Rental Liability Waiver
Liability Waiver and Release Agreement for Helium Tank Rental
This Liability Waiver and Release Agreement ("Agreement") is entered into agreement by client and Toy World Inc.
1. Acknowledgement of Risks
Client acknowledges and understands that helium tanks and related equipment present potential risks and dangers including but not limited to:
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Personal injury from improper handling, transport, or usage.
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Explosion or rupture of tank causing injury or property damage.
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Risk of suffocation or asphyxiation due to improper ventilation.
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Frostbite or cold burns from tank and/or valve.
2. Safety Instructions and Client Responsibilities
Client agrees to:
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Follow all manufacturer and Company safety instructions provided.
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Ensure proper supervision at all times during use.
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Transport and store helium tanks in a safe, upright position, securely restrained and away from heat or ignition sources.
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Prevent minors or unauthorized individuals from operating or handling helium tanks.
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Utilize tanks in well-ventilated areas to avoid risks of asphyxiation.
3. Indemnification and Hold Harmless
Client expressly agrees to indemnify, defend, and hold harmless Company, its employees, officers, directors, agents, affiliates, and representatives from any and all claims, demands, lawsuits, liabilities, damages, losses, or expenses (including attorney's fees and court costs) arising from or related to:
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Use, misuse, operation, transportation, or storage of helium tanks.
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Injuries to Client or third parties resulting from any cause related to the helium tank.
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Any failure by Client or any third party to follow safety instructions provided by Company or manufacturer.
4. Release from Liability
Client expressly assumes all risk associated with the rental and use of helium tanks and hereby releases, waives, and discharges Company, its employees, officers, directors, agents, affiliates, and representatives from all claims, demands, actions, causes of action, damages, and liability arising out of the rental, use, handling, transport, or operation of the helium tanks.
5. Warranty Disclaimer
Company provides helium tanks and equipment "as-is" without warranty, express or implied, regarding fitness for any particular purpose, condition, or quality. Company shall not be responsible for any direct, indirect, incidental, special, consequential, or exemplary damages arising from Client’s rental and/or use.
6. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the states of Florida or Texas, depending upon the jurisdiction where the rental occurs, without regard to its conflict of laws principles.
7. Venue and Jurisdiction
Any legal actions arising under or related to this Agreement shall exclusively be filed and conducted in courts located in Miami-Dade, Florida, and San Antonio, Texas.
8. Severability
Should any provision of this Agreement be found invalid, unlawful, or unenforceable, it shall not affect or impair any other provision herein, and the remaining provisions shall remain in full force and effect.
9. Client Certification
Client certifies that they have fully read, understood, and voluntarily accept the terms and conditions of this Agreement and are legally competent to sign this document.