This agreement is by and between “UPark DBA Park With The Shark”, and “User.” The effective date of this agreement is the date of order form submission by User in connection with the use of the Equipment described below. The User’s selection/clicking of the box associated with the terms and conditions of the Emergency Jump Start Assistance Deposit constitutes User’s full review, understanding and willingness to be bound by the following terms:

WHEREAS, UPark DBA Park With The Shark owns jumper cables and a lithium-ion battery pack as its personal property described as (“Equipment”), and which is normally used for jumpstarting a vehicle’s battery, and

WHEREAS, User desires to use the Equipment for the purpose of jumpstarting his/her vehicle’s low to zero charged battery, and

WHEREAS, UPark DBA Park With The Shark has agreed to allow User to use the Equipment provided that the following terms and conditions are met:

1. UPark DBA Park With The Shark agrees to let User use the Equipment only for the above described purpose on the date of the order form completed by User in connection with the use of said Equipment.
2. User will provide a deposit of $200.00, which will be refunded upon return and satisfactory inspection of the Equipment.
3. In consideration for the benefit of using the Equipment, User agrees to abide by all the terms and conditions of use described in this agreement. User further agrees that the lending of the Equipment is for the User’s sole benefit and is undertaken with User’s own assumption of risk. User understands that jumpstarting his/her vehicle is an inherently dangerous activity that may lead to serious bodily injury, given that there is excessive heat, moving mechanical parts, which may result in detrimental consequences to the human body.
4. User agrees not to use the Equipment for any unlawful purposes, and will obey all instructions, laws, rules, and regulations of all equipment manufacturers and governmental authorities while using the Equipment. User also agrees to use the Equipment in a careful and proper manner. User shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear.
5. User agrees to hold harmless, indemnify and defend UPark DBA Park With The Shark (including its agents, employees, and representatives) from any and all liability for injury or damage including, but not limited to, bodily injury, property damage, personal injury, emotional injury, or financial damage, which may result from any person using the equipment while the equipment is in the care of User and/or persons summoned by User, regardless of whether such injury or damage results from the negligence of UPark DBA Park With The Shark (including equipment owner’s agents, employees and representatives) or otherwise. Any suggestions, guidance or information of the like offered by representatives associated with UPark DBA Park With The Shark is furnished as an act of goodwill and is not to be considered to be that of an expert and/or formal instructor.
6. Equipment Owner, being neither the manufacturer, nor a supplier, nor a dealer in the equipment, makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts.
7. User further agrees that Equipment Owner will not be responsible for any failure of equipment for any reason, including, but not limited to User’s inability to use the Equipment, even if UPark DBA Park With The Shark has been advised of the possibility of such damages.
8. UPark DBA Park With The Shark and User agree that any disputes arising under this agreement will be resolved via a mutually acceptable alternative dispute resolution process. Furthermore, User agrees to waive all rights of subrogation of his/her insurer(s). This document contains the entire agreement of the parties and supersedes all prior written or oral agreements relating to the subject matter.