RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY
AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
RENTAL AGREEMENT: I accept full responsibility for the equipment listed on this form (“the Equipment”) and agree to pay for
any damage to the Equipment and replace the Equipment at the full retail value if damaged to such an extent that repairs are
not feasible or practicable.
BICYCLE / TRICYCLE SAFETY: I acknowledge that I am familiar with the proper use of the Equipment and will be responsible for
any risk that I may face.
ASSUMPTION OF RISK: I am aware that some of the mechanisms, brakes, and other parts of the Equipment will not function as
optimally intended at all times and under all circumstances, and may beadversely affected by inclement weather conditions,
moisture, terrain, and the like. I am aware that cycling involves risks, dangers and hazards including, but not limited to:
mechanical and structural failure of the Equipment; changing weather conditions; variation or steepness in terrain; difficulty
or inability to control one’s speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision
with exposed rock, earth, trees, or other natural or man-made objects; collision with pedestrians, vehicles or other cyclists;
changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; negligence of other cyclists; and
NEGLIGENCE ON THE PART OF KURAU INN FARMSTAY, ITS MEMBERS, EMPLOYEES, AGENTS, AND/OR SERVANTS, AND THE
MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT, THEIR MEMBERS, DIRECTORS, OFFICERS,EMPLOYEES,
AGENTS AND/OR SERVANTS.
I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR
FREEDOM FROM INJURY WHILE CYCLING. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR
CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I FREELY ACCEPT
AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH,
PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM (ALL OF THE FOREGOING PARTIES REFERRED TO AS THE “RELEASEES”).
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against Kurau Inn Farmstay, its members, directors, officers,
employees, agents, and/or servants, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense
or injury including death that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspects of
my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance,
inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, direction,
instructions or guidance as to the use of the Equipment.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT LISTED ON THIS FORM;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability from any damage to property of or personal
injury to any third party, resulting from my use of the Equipment;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in
the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and i
nterpreted solely in accordance with the laws of Malaysia and no other jurisdiction.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREED FREELY, VOLUNTARILY, AND WITH KNOWLEDGE OF ITS
CONTENTS. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS,
NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND/OR REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.