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THE SHOP CLUB HOUSTON

AUTOMOTIVE LIFT & WORK BAY RENTAL
LIABILITY WAIVER, ASSUMPTION OF RISK & RENTAL AGREEMENT
STATE OF TEXAS
Submission constitutes a legally binding electronic signature

PARTIES

This Liability Waiver, Assumption of Risk, and Rental Agreement (“Agreement”) is entered into by and between The Shop Club Houston and The Shop Club Inc., including all parent companies, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, landlords, insurers, and representatives (collectively, the “Released Parties”), and the undersigned renter (“Renter”).


ASSUMPTION OF RISK

The Renter acknowledges that use of automotive lifts, tools, equipment, and shop facilities involves inherent, substantial, and potentially dangerous risks, including but not limited to:

  • Vehicle collapse or instability
  • Improper lift arm placement
  • Mechanical, electrical, or hydraulic failure
  • Falling vehicles, parts, or tools
  • Crushing injuries, amputations, burns, fractures, or death
  • Slips, trips, and falls
  • Fire, explosion, electrical shock, or chemical exposure
  • Vehicle damage or mechanical failure during or after use

The Renter voluntarily, knowingly, and expressly assumes all risks, whether known or unknown, foreseeable or unforeseeable.


RELEASE OF LIABILITY INCLUDING NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, the Renter releases, waives, and discharges the Released Parties from any and all claims, including claims arising from the ordinary negligence of the Released Parties, related to use of the premises, lifts, tools, or equipment.

This release does not apply to gross negligence or willful misconduct as defined by Texas law.


NO BAILMENT / NO VEHICLE CUSTODY

The Renter acknowledges that no bailment, storage agreement, or custodial relationship is created. The Renter retains exclusive custody, control, and responsibility for their vehicle at all times.


VEHICLE DAMAGE, LOSS & THEFT DISCLAIMER

The Released Parties are not responsible or liable for any damage, loss, theft, fire, vandalism, mechanical failure, diminished value, or consequential damage to the Renter’s vehicle or property, regardless of cause, including ordinary negligence.


NO SUPERVISION / NO MECHANICAL ADVICE

The Renter acknowledges that the Released Parties do not provide mechanical instruction, inspection, supervision, certification, or oversight. Any staff presence is administrative only and does not create a duty of care.


FULL RESPONSIBILITY FOR GUESTS

The Renter assumes full responsibility and liability for the presence, conduct, supervision, safety, and actions of all guests.

The Renter agrees to indemnify, defend, and hold harmless the Released Parties from any claims brought by or on behalf of any guest.


INDEMNIFICATION & DEFENSE

The Renter agrees to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, liabilities, or legal costs arising from use of the premises or equipment, including claims brought by third parties.


JURY TRIAL WAIVER

The Renter knowingly and voluntarily waives the right to a jury trial for any dispute arising out of this Agreement.



GUEST POLICY (MAXIMUM TWO GUESTS)

Guests may not operate equipment and must remain with the Renter at all times.

GUEST ACKNOWLEDGMENT, ASSUMPTION OF RISK & RELEASE

REQUIRED IF GUEST PRESENT

Each guest acknowledges the premises are hazardous, assumes all risks, and releases the Released Parties from all claims, including ordinary negligence.


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