Waiver of Liability & Assumption of Risk

This Waiver of Liability and Assumption of Risk (“Waiver”) is entered into between Pacific Iron Rental LLC (“Company”) and the undersigned Renter. By booking equipment, accepting delivery, or signing the Equipment Rental Agreement, the Renter acknowledges and agrees to the terms set forth in this Waiver.

This Waiver applies to the following equipment rented as a single package:

The Renter acknowledges that operating heavy construction equipment involves significant inherent risks, including but not limited to:

• Serious personal injury or death from equipment operation, rollovers, tip-overs, or struck-by incidents
• Property damage to the Renter’s property, neighboring properties, or third-party property
• Damage to underground utilities (gas, electric, water, sewer, fiber optic, telecommunications)
• Environmental hazards including uneven terrain, slopes, unstable soil, sinkholes, and hidden obstacles
• Pinch points, crushing hazards, and entanglement with moving parts
• Noise exposure, vibration-related injuries, and hearing loss
• Burns from hot engine components, hydraulic fluid, or exhaust
• Falls from or around the equipment
• Injuries caused by flying debris, rocks, or excavated materials
• Injuries to bystanders, workers, or third parties at or near the job site

This list is not exhaustive. Other risks may exist that are not described herein. The Renter voluntarily assumes all risks associated with the rental, possession, and operation of the Equipment.

To the fullest extent permitted by California law (including California Civil Code Section 1542), the Renter hereby releases, waives, discharges, and covenants not to sue Pacific Iron Rental LLC, its owners, members, managers, employees, agents, representatives, successors, and assigns (collectively, “Released Parties”) from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by the Renter or any third party as a result of the Renter's use, operation, or possession of the Equipment.

This release applies regardless of whether such loss, damage, injury, or death is caused in whole or in part by the negligence of the Released Parties, the condition of the Equipment, defects in the Equipment, or any other cause, except for the gross negligence or willful misconduct of the Released Parties.

The Renter agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• The Renter’s use, operation, or possession of the Equipment
• Any personal injury, death, or property damage caused by the Renter or anyone operating the Equipment with the Renter’s permission
• Any violation of this Agreement or applicable law by the Renter
• Any damage to underground utilities, structures, or third-party property
• Any environmental contamination arising from the Renter’s use of the Equipment

Pacific Iron Rental LLC does not provide operator training, certification, or instruction of any kind. The Renter represents and warrants that the Renter (and any person who will operate the Equipment) possesses the knowledge, skill, training, and experience necessary to safely operate the Equipment. By signing the Rental Agreement, the Renter confirms that all operators are competent and accepts full responsibility for the safe operation of the Equipment.

The Renter agrees to the following safety obligations:

• Call 811 (Underground Service Alert) at least 2 full business days before digging to locate underground utilities
• Wear appropriate PPE at all times, including hard hat, safety glasses, steel-toe boots, gloves, and high-visibility clothing
• Maintain a safe distance between the Equipment and bystanders, structures, vehicles, and overhead power lines (minimum 10 feet from power lines)
• Never operate the Equipment under the influence of alcohol, drugs, or any impairing medication
• Cease operation immediately if any unsafe condition is observed and contact Pacific Iron Rental at (949) 385-3576
• Conduct a visual walk-around inspection of the Equipment before each use
• Never leave the Equipment running and unattended

The Renter represents that the Renter is physically and mentally capable of operating the Equipment and is not aware of any medical condition that would impair the Renter's ability to safely operate heavy construction equipment. The Renter authorizes emergency medical treatment in the event of an injury during the Rental Period, at the Renter's own expense.

The Company may photograph or video record the Equipment at the time of delivery and pickup for the purpose of documenting the Equipment's condition. Such documentation may be used as evidence in the event of a dispute regarding Equipment condition or Damage.

This Waiver shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under this Waiver shall be resolved in the state or federal courts located in Orange County, California. If any provision of this Waiver is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.