Liability Wavier

Living Christmas Tree Safety Information, Release and Liability Waiver

Release and Waiver Liability                                   
This is a legal document between the client “the renter” and “Social Greenery LLC” which affects your legal rights, so please read carefully.

The renter desires to rent a living, potted Christmas tree from Social Greenery LLC to be used by the renter, his/her guests, invitees or other individuals while in renter’s possession. Renter understands that use of this Christmas tree may, by its nature cause injury or harm to renter, his/her guests, invitees or other individuals, possessions or home. ​ The renter does hereby freely, voluntarily, and without duress executes this release under the following terms: ​

Waiver and Release: Renter understands and acknowledges that this release discharges Social Greenery LLC, from any liability or claim that the renter may have against Social Greenery LLC AND AFFILIATES with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the renter’s use and possession of Social Greenery LLC Christmas trees. Renter does hereby release and forever discharges and hold harmless Social Greenery LLC and its successors and assigns from any and all liability claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from renter’s possession and use of Social Greenery LLC trees.

Insurance: Renter understands that insurance for liability, health, and medical or disability coverage in any way related to the rental of trees under this agreement is the sole responsibility of Renter. 

Indemnification: Renter/Client agrees that he/she will indemnify and hold Social Greenery LLC harmless from any liability resulting from the use of Social Greenery LLC equipment by renter, his/hers assigns, heirs, guests, invitees or other individuals utilizing or enjoying the Christmas tree while in renter’s possession. 

Safety procedures: 
– Trees should be placed away from heaters, heating vents, lamps and candles. 
– Only LED Christmas lights should be used on the trees. 
– Trees should be watered regularly and kept in good health. 
– Children and animals should not be left unsupervised with Christmas trees.  Children and animals should not be allowed to ingest foliage, potting soil, or any element of the tree. 
– There should be absolutely no climbing or hanging from the tree or any other activity that could cause the tree to tip or fall. 

Please note: This is a Christmas tree rental. Trees are collected following Christmas on assigned dates according to zipcode (please see our website for details). If the renter/client wishes to keep the Christmas tree, buy-outs are available and welcome at an additional cost. If the renter/client has not bought out their tree, it is understood that they agree to and understand that this is a rental program.

The Renter/Client Understands that: I am responsible for stated safety procedures mentioned in order to provide a safe environment for me, my guests and any other individuals who will have access to my Social Greenery Christmas tree rental while is in my possession. I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS to Social Greenery LLC, their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees). Injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/ participation of Social Greenery LLC. I also acknowledge the risks involved in Social Greenery Christmas tree rentals. These include but are not limited to fires, tipping/falling trees, and tree ingestion while in use. I understand that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.  This Release for Participation in Christmas tree rental shall not be in any way construed as an admission by Social Greenery LLC that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against Social Greenery LLC. The terms of this Release shall be governed by and construed in accordance with the laws of the State of Oklahoma.   

By agreeing to the form below I forfeit all rights to bring a suit against Social Greenery LLC AND AFFILIATES for any reason, In return I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the Social Greenery Christmas Tree rental experience positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when needed. I have carefully read and fully understand all the provisions of this Release and am freely, knowingly and voluntarily entering into this Release.