Waiver

340 Mobility Scooters - Release of Liability and Waiver of Claims

Effective Date: 7/30/2025
Business Name: 340 Mobility Scooters
Location: St. Thomas, U.S. Virgin Islands

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

By signing this agreement, I (“Renter”) acknowledge and agree to the following terms regarding my use and operation of a mobility scooter rented from 340 Mobility Scooters (“Company”).

1. Assumption of Risk

I understand that operating a mobility scooter involves certain inherent risks, including but not limited to the risk of personal injury, property damage, falls, collisions, or equipment failure. I voluntarily assume all such risks, whether anticipated or unanticipated, associated with the operation and use of the mobility scooter.

2. Release and Waiver

To the fullest extent permitted by law, I hereby release, waive, and discharge 340 Mobility Scooters, its owners, employees, contractors, agents, affiliates, and representatives from any and all liability, claims, demands, causes of action, or lawsuits arising out of or related to any loss, damage, injury, or death that may occur as a result of my use or misuse of the rented scooter.

3. Indemnification

I agree to defend, indemnify, and hold harmless the Company and its representatives from any and all claims, damages, losses, or expenses (including attorney fees) resulting from:

My use of the mobility scooter,

My violation of any terms of this agreement or any applicable laws,

Injury or damage caused to myself, others, or property while using the scooter.

4. Fitness to Operate

I certify that I am physically capable of operating the mobility scooter safely and do not have any physical or mental conditions that would impair my ability to do so. I am at least 18 years of age.

5. Weight Limit

I understand that the maximum weight capacity for the mobility scooter is 300 lbs (136 kg). I agree not to exceed this limit and understand that doing so may result in equipment failure, injury, and voids any protections under this agreement.

6. Rental Responsibility

I accept full responsibility for the scooter during the rental period. I will operate it safely and only in permitted pedestrian areas (e.g., sidewalks, ramps, crosswalks). I will not operate it on streets (except when crossing), off curbs, stairs, or hazardous terrain. I am responsible for any damage, loss, or theft of the scooter during my rental.

7. Binding Agreement

I agree that this release and waiver is binding on me, my heirs, successors, assigns, and legal representatives. If any portion of this waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.

8. Jurisdiction

This agreement shall be governed by the laws of the U.S. Virgin Islands, and any legal proceedings shall be brought in the appropriate courts of that jurisdiction.

9. Condition of Equipment and Responsibility for Damages

I acknowledge that I received the mobility scooter in good working condition, free of visible damage or mechanical defects. I agree to promptly report any issues with the scooter to the Company. I understand that I am responsible for the care and return of the scooter in the same condition in which it was received, normal wear and tear excepted. I accept liability for any damage, loss, or theft occurring during the rental period. I authorize 340 Mobility Scooters to charge the credit card provided at the time of rental for the cost of any necessary repairs, replacement, or cleaning due to damage, neglect, or misuse of the scooter during my rental period.

10. Acknowledgment of Terms and Conditions

I confirm that I have read, understood, and agree to abide by all terms and conditions provided by 340 Mobility Scooters in connection with this rental agreement. I acknowledge that it is my responsibility to ask questions or seek clarification on any part of the agreement I do not understand prior to signing.

I HAVE READ AND FULLY UNDERSTAND THIS RELEASE OF LIABILITY AND WAIVER OF CLAIMS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.