DISCLAIMER This Waiver and Release is applicable to all operators, and users of equipment provided by Evolved Extraction Solutions *For purposes Release, the term "Evolved Extraction Solutions" includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of Evolved Extraction Solutions.
EXPRESS ASSUMPTION OF RISK The operator hereby agrees that he/she is operating or using the equipment provided by Evolved Extraction Solutions at his/her own risk. The operator agrees that he/she is voluntarily participating in all activities related to the operation, or use of the equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of Evolved Extraction Solutions. The operator agrees to take all reasonable safety precautions necessary for the operation of the equipment, including, but not limited to, the use of explosion proof fans, gas sensors and static-proof clothing.
WAIVER/RELEASE OF LIABILITY By the execution of this Release, the operator agrees that Evolved Extraction Solutions shall not be liable for any damages arising from personal injuries sustained by the operator as a result of any and all activities related to the operation, or use of equipment provided by Evolved Extraction Solutions. The operator assumes full responsibility for any such injuries or damages which may occur, and further agrees that Evolved Extraction Solutions shall not be liable for any loss or theft of personal property. The operator specifically agrees that Evolved Extraction Solutions shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Evolved Extraction Solutions whether such negligence is present at the time of this Release or takes place in the future.
LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Evolved Extraction Solutions for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators of other equipment and minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the operation, or use of equipment provided by Evolved Extraction Solutions, even if such damages arise out of the negligence or fault of "Rental Company".
ACKNOWLEDGMENT OF WAIVER The operator states that he/she has had sufficient time to review the Waiver and to ask any questions associated with said Waiver. The operator further states that he/she has carefully read the foregoing Waiver, knows the contents thereof, and has carried forward in the operation of equipment in his/her own free will. The operator warrants that he/she is aware that he/she may operate, or use equipment from another extraction company, but has chosen to operate, or use equipment from Evolved Extraction Solutions with the knowledge that reading and understanding this waiver is a requirement for operation, and use of said equipment. The operator further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Evolved Extraction Solutions for Evolved Extraction Solutions’ negligence.