Property waiver
CONSENT TO USE PREMISES Date: ________________ Licensor _________________________
Address of Premises: __________________________________________________
This Agreement is made as of the date set forth above by and between Licensor and Licensee, All Oil LLC (hereinafter “All Oil”), an Ohio limited liability company.
WHEREAS, the Licensor owns, leases, controls or manages the above-referenced Premises, and All Oil desires to enter and use a portion of the Premises to perform an oil change on a motor vehicle, and other related services (hereinafter “Services”); and
WHEREAS, Licensor is willing to grant All Oil a license to perform such Services in accordance and pursuant to this Agreement;
Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
Licensor grants to All Oil a license to conduct the Services on the Premises, subject to all of the terms and conditions of this Agreement. The Premises may be occupied and used by All Oil solely for said Services described above and only after All Oil has checked in with Licensor informing Licensor of All Oil’s presence on the Premises.
All Oil agrees that it will use the Premises in accordance with the laws of the State of Ohio, and shall take all reasonable precautions to ensure that no oil or other vehicle fluid is spilled upon the Premises.
All Oil does hereby release Licensor, its employees, agents, heirs, successors, and assigns from all liability of Licensor for any physical injury or damage to the Premises that result, directly or indirectly from the use of Premises in conducting such Services. All Oil further assumes all risks of using of said Premises as aforesaid and agrees to indemnify, save and hold Licensor harmless from any loss, liability, attorneys’ fees, damage, or costs that Licensor may incur arising out of or related to the use of the Premises by All Oil, whether caused by the negligence of All Oil or otherwise. This release and indemnification agreement includes any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that All Oil had or may have, arising from or in any way related to use of the Premises by All Oil. All Oil further represents that it has reasonable insurance coverage in place to cover foreseeable losses, and proof of insurance will be provided upon request.
The license granted by this Agreement is personal to All Oil and is not assignable. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
WITNESS our signatures as of the day and date first above stated.
LICENSOR: ALL OIL LLC:
By:_______________ By:_______________
Its:_______________ Its:_______________