I/We (hereafter “Renter”) acknowledges that by signing this document the Renter releases K & K Mobile Storage, Inc. (hereafter “K & K”) from certain liability as specifically delineated below. This Waiver and Release is a contract with legal consequences. The Renter has been advised to read it carefully before signing.
In consideration of this Release, the Renter hereby freely agrees to and makes the following contractual representations and agreements.
The Renter is renting a Mobile Storage Unit (hereafter “Unit”) from K & K for the purposes of storing and transporting Renter’s personal property (hereafter “Property”). The Renter is enlisting the services of K & K to transport the Unit by loading the Unit onto a truck, moving the Unit from one location to the next and unloading the Unit off of the truck. THE RENTER IS SOLELY RESPONSIBLE FOR LOADING AND UNLOADING OF RENTER’S PERSONAL PROPERTY ON AND OFF OF THE UNIT. THE RENTER TAKES FULL RESPONSIBILITY FOR PACKING THE PERSONAL PROPERTY AND LOADING THE SAME.
THE RENTER IS ALSO SOLELY RESPONSIBLE AND LIABLE FOR THE SAFETY OF THE PROPERTY INVOLVED AND FOR THE PHYSICAL WELL BEING OF THE RENTER AND OTHERS DURING THE LOADING AND UNLOADING OF THE UNIT. The Renter fully assumes the risks associated with such activity including, by way of example and not limitation, the following: any damaged to the Property as a result of the packing and unpacking of the Property and the loading and unloading of the Unit on and off of the truck; any damage to the Property caused during the transport of the Unit, including any damage to the Property caused by the Renter’s negligence, K & K’s negligence or the negligence of a third party associated with the Renter; and any physical trauma or injury to the Renter or any third party associated with the Renter.
For the Renter’s heirs, executors, administrators, legal representatives, assignees, and successors in interest, THE RENTER HEREBY WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND PROMISES TO INDEMNIFY AND NOT TO SUE K & K MOBILE STORAGE, INC., its managers, owners, and their respective agents and employees through or by which this activity will be held, (the foregoing are also collectively deemed to be “K & K”), from any and all rights and claims INCLUDING CLAIMS ARISING FROM K & K’S OWN NEGLIGENCE, which the Renter currently has or which may hereafter accrue to the Renter and from any and all damages which may be sustained by the Renter directly or indirectly in connection with, or arising out of, the loading, transporting and unloading of the Unit.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
CONSENT AND RELEASE
THE RENTER HAS READ AND UNDERSTANDS THIS RELEASE AGREEMENT. The Renter consents to it and agrees that ITS TERMS SHALL LIKEWISE BIND THE RENTER and the Renter’s heirs, legal representatives, and assignees. THE RENTER HEREBY RELEASES AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS K & K FROM EVERY CLAIM AND ANY LIABILITY that the Renter, or anyone by or through the Renter, may allege against K & K as a direct or indirect result of injury to the Renter because of the rental and transport of the Unit. THE RENTER PROMISES NOT TO SUE K & K regarding any claim arising from this activity.
