Liability Waiver
Read on Web:
GAMES ON A TRAILER LLC
LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT
Games On A Trailer LLC (“GOAT”)
This Liability Waiver, Assumption of Risk, Release, and Indemnification Agreement (“Agreement”) is
entered into by the person signing below (“Renter”) in connection with Renter’s rental and use of
recreational games, equipment, and related property provided by Games On A Trailer LLC (“GOAT”).
This Agreement is intended to establish the responsibilities of the Renter and Participants and to identify
and allocate certain risks associated with the use of GOAT’s Equipment.
1. DEFINITIONS
For purposes of this Agreement:
“GOAT” means Games On A Trailer LLC and its members, managers, employees, agents, representatives,
contractors, and authorized personnel.
“Renter” means the person or entity entering into the rental arrangement with GOAT and signing this
Agreement.
“Participant” means the Renter and any person whom the Renter permits, invites, or allows to use, enter,
handle, or interact with the Equipment during the rental period.
“Equipment” means all recreational games, game components, accessories, furnishings, electronics,
electrical equipment, power equipment, lighting, cords, tables, trailers, containers, storage equipment,
and other property supplied or made available by GOAT in connection with the rental, whether specifically
identified by name or not.
Equipment may include, without limitation, cornhole equipment, beer pong tables, pickleball equipment,
darts, horseshoes, giant games, electronic games, laser or light-based games, generators or other power
equipment, lighting, and any additional games or equipment GOAT may provide now or in the future.
The examples above are illustrative and are not intended to constitute a complete list of Equipment.
2. NATURE OF THE RENTAL AND UNSUPERVISED USE
Renter understands that GOAT provides recreational games and Equipment for use at private residences,
parks, businesses, event venues, public or private event spaces, and other locations selected by the
Renter.
GOAT may deliver and position the trailer and Equipment and may set up or demonstrate certain
Equipment. However, unless specifically stated in the applicable Rental Agreement, GOAT does not
provide continuous supervision, refereeing, event security, childcare, medical services, or supervision of
Participants during the rental period.
Renter is responsible for taking reasonable steps to supervise Participants and for ensuring that the
Equipment is used safely and appropriately.
Renter understands that Participants may use some Equipment without a GOAT employee or
representative present.
3. ACKNOWLEDGMENT OF RISKS
Renter understands that recreational games and outdoor event activities involve risks of injury and property
damage, including risks that may arise from the nature of the activities, the Equipment, the conduct of
Participants, and conditions at the event location.
These risks may include, without limitation:
slips, trips, and falls;
collisions with people, Equipment, or objects;
being struck by thrown, launched, falling, moving, or swinging objects;
cuts, scrapes, bruises, strains, sprains, fractures, or other physical injuries;
injuries caused by falling, tipping, shifting, or improperly positioned Equipment;
injuries associated with running, jumping, bending, reaching, throwing, or other physical activity;
injuries associated with darts, horseshoes, game pieces, balls, bags, blocks, paddles, bats, or
other game components;
electrical shock or injury associated with electronic Equipment, power sources, cords, lighting, or
electrical components;
injuries resulting from improper, careless, reckless, or unauthorized use of Equipment;
injuries resulting from the actions or inattention of other Participants;
injuries involving children or minors;
injuries resulting from weather or environmental conditions;
injuries resulting from uneven, slippery, muddy, wet, rocky, or otherwise unsuitable ground or
surfaces;
injuries resulting from obstacles, landscaping, structures, vehicles, animals, or other conditions at
the event location;
injuries associated with alcohol or other impairment;
damage to personal property, vehicles, landscaping, buildings, pavement, lawns, or other property;
and
other risks inherent in or reasonably associated with recreational games and unsupervised event
activities.
Renter understands that not every possible risk can be identified in advance.
Renter voluntarily chooses to participate in or permit Participants to participate in the activities despite
these risks.
4. ASSUMPTION OF RISK
To the fullest extent permitted by Tennessee law, Renter knowingly and voluntarily assumes the risks
described in this Agreement, including risks that are inherent in recreational games and activities and risks
arising from the acts or omissions of Participants and other persons.
Renter acknowledges that the Equipment is intended for recreational use and that safe participation
requires reasonable judgment, attention, and compliance with instructions.
Renter agrees to communicate these risks and the applicable safety requirements to Participants and to
take reasonable steps to prevent unsafe use of the Equipment.
5. RESPONSIBILITY FOR PARTICIPANTS AND GUESTS
Renter is responsible for exercising reasonable supervision over Participants during the rental period.
Renter agrees to:
1. permit only appropriate persons to use the Equipment;
2. ensure that Participants follow applicable instructions and safety rules;
3. prevent Participants from intentionally misusing, damaging, modifying, or abusing the Equipment;
4. prevent Participants from using Equipment in a manner for which it was not designed;
5. prevent Participants from climbing on, standing on, sitting on, or otherwise using Equipment in an
unsafe manner unless the Equipment is specifically designed for that purpose;
6. prevent Participants from using game pieces or Equipment as weapons or for purposes other than
their intended use;
7. prevent persons who are visibly intoxicated or otherwise impaired from using Equipment when
such use would create an unreasonable safety risk;
8. prevent unauthorized persons from accessing or using Equipment; and
9. immediately discontinue use of Equipment that appears damaged, defective, unstable, unsafe, or
unsuitable for continued use.
Renter understands that GOAT cannot supervise every Participant and accepts responsibility for
reasonable supervision of the event and its Participants.
Renter is responsible for communicating applicable Equipment rules and safety requirements to guests
and Participants. GOAT may provide safety instructions, posted warnings, or other safety information for
use at the event. Renter agrees not to remove, cover, alter, or intentionally disregard such warnings or
instructions.
For certain events, including larger public or private events, GOAT may require additional participant
acknowledgments or individual waivers as a condition of use. Renter agrees to cooperate with any such
requirement communicated by GOAT before or during the rental.
Nothing in this Agreement is intended to prevent a Participant or other third party from asserting a claim or
exercising a legal right that cannot legally be waived.
6. TRAILER ACCESS AND EQUIPMENT IN THE TRAILER
Depending on the rental arrangement, GOAT may leave the game trailer at the event location for the
duration of the rental period.
Certain Equipment may be unloaded and positioned by GOAT, while other Equipment may remain inside
the trailer for access by the Renter or Participants.
Unless otherwise specifically agreed in writing:
Renter is responsible for controlling access to the trailer and its contents during the rental period;
Renter must not permit unauthorized persons to enter the trailer;
Renter must not modify, repair, disconnect, relocate, or alter the trailer, generator, electrical
system, lighting, or other Equipment;
Renter must use reasonable care to keep the trailer secured when it is not being accessed;
Renter must follow any instructions provided by GOAT regarding trailer access and Equipment;
Renter must not move the trailer;
Renter must not tow or transport the trailer;
Renter must not permit any other person to tow or transport the trailer; and
Renter must not use the trailer for any purpose other than accessing and storing the Equipment
provided by GOAT.
GOAT does not authorize Participants to climb on the trailer, roof, tongue, hitch, fenders, wheels, or other
portions of the trailer that are not specifically intended for Participant use.
7. EQUIPMENT USE AND SAFETY
Renter agrees that Equipment will be used only for its intended recreational purpose and in accordance
with instructions provided by GOAT.
Renter and Participants must not:
alter or modify Equipment;
remove safety devices or protective components;
use Equipment while it is damaged or appears unsafe;
use Equipment for a purpose for which it was not designed;
intentionally throw, strike, kick, or launch Equipment at people, vehicles, buildings, animals, or
other property;
use Equipment while impaired when doing so creates an unreasonable safety risk;
allow children to use Equipment that is inappropriate for their age, size, or abilities;
overload tables, structures, or Equipment;
climb on Equipment unless it is specifically designed for climbing; or
attempt repairs without GOAT's authorization.
Renter agrees to follow all written, verbal, posted, or provided instructions concerning the Equipment.
8. CONDITION OF EQUIPMENT AND PRE-RENTAL INSPECTION
Renter acknowledges that GOAT's Equipment is provided for recreational use and may show ordinary signs
of use.
Renter agrees to inspect the trailer and Equipment with GOAT representative, to the extent reasonably
possible, upon delivery, setup, or access. Renter should notify GOAT promptly of any apparent damage,
missing components, malfunction, or unsafe condition identified during the inspection.
By accepting delivery or access to the Equipment, Renter acknowledges that, to the best of Renter's
knowledge after a reasonable visual inspection, the Equipment appears to be in acceptable condition for
its intended recreational use, except for any condition previously identified to or by GOAT.
The inspection acknowledgment does not mean that Renter has inspected or discovered every possible
defect, nor does it waive any claim or liability that cannot legally be waived.
If Renter or a Participant discovers Equipment that appears unsafe or defective, the Equipment must not be
used until GOAT has been notified and the issue has been addressed.
Renter must not attempt unauthorized repairs or modifications.
9. EVENT LOCATION AND PROPERTY CONDITIONS
Renter is responsible for selecting an appropriate location for the rental and represents that Renter has
permission or authority to authorize GOAT to enter the property, park the trailer, and place Equipment at the
location.
Renter is responsible for informing GOAT of known hazards or restrictions at the event location that could
aƯect the safe delivery, setup, use, or removal of the Equipment.
Renter understands that GOAT may be unable to identify underground or concealed conditions.
Such conditions may include, without limitation:
underground utilities;
irrigation or sprinkler systems;
septic systems;
buried cables or lines;
drainage systems;
unstable or weakened pavement;
landscaping;
hidden structures;
low branches or overhead obstructions;
narrow driveways or access areas;
soft or unstable ground; and
other concealed hazards.
Renter agrees to identify known hazards and to provide accurate information concerning access to the
event location.
To the fullest extent permitted by law, Renter accepts responsibility for claims or damage arising from site
conditions that Renter knew or reasonably should have known about and failed to disclose to GOAT.
10. PROPERTY DAMAGE
Renter understands that delivery and placement of a trailer and Equipment may aƯect lawns, landscaping,
pavement, gravel, driveways, or other surfaces.
Renter acknowledges that ordinary use of certain games may also aƯect the surrounding area, including,
for example, small holes or disturbed ground associated with horseshoes or stakes.
Renter agrees to identify any areas where GOAT should not park or place Equipment.
To the fullest extent permitted by law, Renter agrees to be responsible for damage to the event property
caused by Renter or Participants, including damage resulting from misuse, unauthorized movement, or
failure to follow GOAT's instructions.
Nothing in this Agreement is intended to waive or release any liability that cannot legally be waived.
11. WEATHER AND ENVIRONMENTAL CONDITIONS
Renter understands that outdoor activities are aƯected by weather and environmental conditions.
Potential hazards include rain, lightning, thunderstorms, high winds, extreme temperatures, wet or slippery
surfaces, mud, standing water, snow, ice, darkness, and other conditions that may make use of the
Equipment unsafe.
Renter agrees to stop use of Equipment when weather or environmental conditions make continued use
unsafe.
Renter agrees to follow GOAT's instructions concerning protection, relocation, or discontinuation of use of
weather-sensitive Equipment.
When GOAT is not present, Renter is responsible for taking reasonable steps to protect Equipment from
weather conditions as instructed by GOAT.
GOAT may, in its reasonable judgment, refuse to deliver, set up, leave in place, or permit continued use of
Equipment when conditions present an unreasonable safety risk.
Any cancellation, rescheduling, credit, or refund resulting from weather or other conditions aƯecting the
rental is governed by the applicable Rental Agreement and GOAT's stated cancellation and weather policy.
12. ALCOHOL AND IMPAIRMENT
Renter understands that alcohol may be present at some events.
GOAT does not provide alcohol, control alcohol consumption, provide bartending services, provide event
security, or supervise intoxicated persons.
Renter is responsible for ensuring that Participants who are visibly intoxicated or otherwise impaired do not
use Equipment when their condition creates an unreasonable safety risk.
GOAT may refuse to permit use of Equipment by a person whom GOAT reasonably believes is impaired or
whose conduct creates a safety risk when GOAT personnel are present.
13. MINORS
GOAT does not provide childcare or supervision of minors.
Renter is responsible for ensuring that minors are appropriately supervised by a parent, legal guardian, or
other responsible adult during the rental period.
Renter agrees not to permit a minor to use Equipment that is inappropriate for the minor's age, size,
physical ability, or level of maturity.
A Renter who is not the parent or legal guardian of a minor does not represent that the Renter has legal
authority to waive the minor's independent legal rights.
Nothing in this Agreement is intended to waive any rights that cannot legally be waived on behalf of a minor.
Parents or legal guardians are encouraged to review this Agreement and the applicable Equipment rules
before permitting a minor to participate.
14. MEDICAL EMERGENCIES
Renter understands that GOAT does not provide medical services, emergency medical personnel, or first
aid supervision during the rental.
In the event of an injury or medical emergency, Renter is responsible for contacting appropriate emergency
services and obtaining appropriate medical attention.
Renter acknowledges that GOAT may contact emergency services when GOAT personnel reasonably
believe that an emergency exists.
15. RELEASE OF LIABILITY
IMPORTANT — RELEASE OF ORDINARY NEGLIGENCE
In consideration for being permitted to rent, access, or use the Equipment, Renter, on behalf of Renter and
to the extent legally permitted on behalf of Renter's estate, heirs, personal representatives, and assigns,
hereby releases and agrees not to sue Games On A Trailer LLC and the persons and entities identified as
GOAT above for claims arising from the risks and activities described in this Agreement.
To the fullest extent permitted by Tennessee law, this release includes claims for ordinary negligence of
GOAT, its members, managers, employees, agents, representatives, contractors, or authorized personnel
arising out of or relating to the delivery, setup, positioning, rental, presence, operation, or removal of the
Equipment, or participation in or use of the Equipment.
This release applies to claims for personal injury, bodily injury, death, and property damage arising from
such ordinary negligence.
Renter understands that by signing this Agreement, Renter is giving up the right to bring certain claims
against GOAT for ordinary negligence.
This release does not apply to conduct that cannot legally be released, including gross negligence, reckless
conduct, or intentional wrongdoing.
16. INDEMNIFICATION AND RESPONSIBILITY FOR THIRD-PARTY CLAIMS
To the fullest extent permitted by law, Renter agrees to defend, indemnify, and hold harmless GOAT and its
members, managers, employees, agents, representatives, and contractors from claims, damages, losses,
liabilities, costs, and reasonable expenses arising from:
1. Renter's breach of this Agreement;
2. Renter's or a Participant's misuse of the Equipment;
3. damage to the Equipment caused by Renter or a Participant;
4. unauthorized use or access to the Equipment;
5. Renter's failure to reasonably supervise Participants;
6. Renter's failure to obtain required permission to use the event location;
7. claims by a property owner or venue arising from Renter's failure to disclose known site conditions
or restrictions; or
8. claims by a third party arising from the acts or omissions of Renter or Participants.
Renter understands that guests and other third parties may have legal rights independent of this
Agreement. Nothing in this Agreement represents that Renter can waive or release another person's
independent legal claims against GOAT.
To the extent permitted by law, Renter's indemnification obligations are intended to address claims arising
from Renter's or Participants' acts, omissions, misuse of Equipment, failure to reasonably supervise, or
other responsibilities under this Agreement, and are not intended to require Renter to indemnify GOAT for
GOAT's own conduct that cannot legally be indemnified.
This indemnification obligation does not require Renter to indemnify GOAT for claims to the extent caused
by conduct that cannot legally be indemnified or released.
17. LOSS, THEFT, AND DAMAGE TO EQUIPMENT
Renter is responsible for the reasonable care and safekeeping of GOAT's Equipment while it is in Renter's
possession or control during the rental period.
Renter may be responsible for the reasonable cost of repair or replacement resulting from loss, theft,
intentional damage, or damage caused by misuse, negligence, or failure to follow GOAT's instructions.
This may include game components, accessories, electronics, lighting, power equipment, trailer contents,
and other Equipment.
Renter is not responsible for ordinary wear and tear or damage caused solely by a pre-existing defect,
except to the extent otherwise provided in the applicable Rental Agreement.
GOAT may require payment for reasonable repair or replacement costs consistent with the applicable
Rental Agreement.
18. GOAT'S AUTHORITY TO STOP UNSAFE USE
GOAT reserves the right, when GOAT personnel are present, to instruct a Participant to stop using
Equipment or to remove Equipment from service when GOAT reasonably believes that the Equipment is
being used in an unsafe manner or that continued use presents an unreasonable risk of injury or damage.
Renter agrees to cooperate with reasonable safety instructions from GOAT personnel.
GOAT is not required to continuously monitor Participants or remain at the event location to enforce safety
rules.
19. NO GUARANTEE OF PARTICIPANT SAFETY
Renter understands that no waiver, safety instruction, equipment inspection, or reasonable precaution can
eliminate every risk associated with recreational activities.
GOAT does not guarantee that every Participant will use the Equipment safely or follow instructions.
Renter accepts responsibility for reasonable supervision of Participants and for communicating applicable
safety requirements.
20. NO WAIVER OF NON-WAIVABLE RIGHTS
Nothing in this Agreement is intended to release, waive, or limit any claim, responsibility, or liability that
cannot legally be released, waived, or limited under applicable law.
If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be
limited or removed to the minimum extent necessary, and the remaining provisions shall continue to the
fullest extent permitted by law.
21. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of Tennessee, except to
the extent applicable law requires otherwise.
22. ACKNOWLEDGMENT AND VOLUNTARY AGREEMENT
Renter represents that Renter has had an opportunity to read this Agreement before signing it and
understands that it contains important provisions concerning assumption of risk, release of liability,
indemnification, and responsibility for Equipment and Participants.
Renter understands that Renter is not required to use the Equipment and is voluntarily entering into the
rental arrangement.
Renter acknowledges that Renter has had the opportunity to ask questions about the Agreement and the
Equipment before signing.
By signing below, Renter confirms that Renter has read and understands this Agreement and voluntarily
agrees to its terms.
ACKNOWLEDGMENT AND SIGNATURE
Renter Name:
Renter Signature:
Date: __________________________
Phone/Email:
If Renter is signing on behalf of a business or organization:
Business/Organization Name:
Renter's Title/Authority:
IMPORTANT ACKNOWLEDGMENT
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM ASSUMING CERTAIN RISKS ASSOCIATED
WITH RECREATIONAL ACTIVITIES AND THAT, TO THE FULLEST EXTENT PERMITTED BY TENNESSEE
LAW, I AM RELEASING GAMES ON A TRAILER LLC FROM LIABILITY FOR CERTAIN CLAIMS, INCLUDING
CLAIMS ARISING FROM ORDINARY NEGLIGENCE. I HAVE READ THIS AGREEMENT, UNDERSTAND ITS
TERMS, AND UNDERSTAND THAT I MAY BE GIVING UP IMPORTANT LEGAL RIGHTS.
Renter Initials: __________
Renter Signature: __________________________________________
Date: __________________________