Hold Harmless, Indemnification, and Liability
RENTER ACCEPTS RENTAL “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. FF, AS WELL AS THE OWNER OF THE RENTAL, DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ON THE RENTAL, INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION, SUITABILITY, OR FITNESS OF THE RENTAL OR TIRES FOR ANY PARTICULAR PURPOSE. FF AND THE RENTAL OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FROM ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL, REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER FF OR THE RENTAL OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS, OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO FF UNDER THIS AGREEMENT.
BY EXECUTION OF THIS AGREEMENT, RENTER FURTHER RELEASES AND HOLDS HARMLESS FF, THE LOCAL FIRESIDE RV RENTAL FRANCHISEE, MICHIGAN CAMPER RENTAL, LLC DBA FIRESIDE RV RENTAL, FIRESIDE RV FRANCHISING, LLC, AND THE RENTAL OWNER FROM ANY AND ALL CLAIMS FOR DAMAGES AND CONSEQUENTIAL DAMAGES INCURRED BY RENTER AND ANY OTHER OCCUPANT OF THE RENTAL, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR DEATH, COSTS FOR REPLACEMENT RENTALS, FUEL, TELEPHONE, TRAVEL, MEALS, LODGING COSTS, LOSS OF PERSONAL PROPERTY, LOSS OF REVENUE, OR FOR ANY OTHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND THAT RENTER OR ANY OCCUPANT OF THE RENTAL MAY INCUR.
RENTER FURTHER AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS FF, THE LOCAL FIRESIDE RV RENTAL FRANCHISEE, MICHIGAN CAMPER RENTAL, LLC DBA FIRESIDE RV RENTAL, FIRESIDE RV FRANCHISING, LLC, THE RENTAL OWNER, AND THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), AND DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING FROM RENTER ACTIONS, THIRD-PARTY CLAIMS, RV MALFUNCTIONS, PROPERTY DAMAGE, PERSONAL INJURY, OR VIOLATIONS OF LAW. THIS HOLD HARMLESS CLAUSE SHALL NOT APPLY IN CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE INDEMNIFIED PARTIES.
RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF FF RENTING THE RENTAL TO RENTER, RENTER DOES HEREBY ASSIGN TO FF ANY CAUSE OF ACTION, JUDGMENT, OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM, OR CORPORATION, INCLUDING BUT NOT LIMITED TO FF AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST FF AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL, OR OTHERWISE.