Liability Waiver & Rental Agreement
Company and Renter agree to the following terms:
In consideration of the services of the Company, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, Renter hereby agrees to release, indemnify, and discharge Company on behalf of Renter and all parties that Renter is legally able to release, indemnify, and discharge.
1. ACKNOWLEDGEMENT OF RISK.
Renter acknowledges that Renter’s participation in UTV activities may include unknown and unanticipated risks that could result in physical and emotional injury, paralysis, death, or damage to Renter, to property, or to third parties. Renter understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls, riding on uneven and/or snow covered terrain, changing snow conditions, and variations in elevation; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come in contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; loss of control of the vehicle; falls from the vehicle; collision with other vehicles, participants, trees, rocks, and other manmade or natural obstacles; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat-related illness), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; improper lifting or carrying; burns; mechanical and/or equipment problems; unavailability of immediate medical attention in case of injury; accidents or illness can occur in remote places without medical facilities, Renter’s physical condition, and the physical exertion associated with this activity.
Furthermore, Company Employees seek the Safety of its Renters, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
ASSUMPTION OF RISK.
Renter expressly agrees and promises to accept and assume all of the risks existing in this activity. Renter’s participation in this activity is purely voluntary, and Renter elects to participate in spite of the risks.
2. ADEQUATE INSURANCE.
Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating, or else Renter agrees to bear the costs of such injury or damage. Renter further certifies that Renter is willing to assume the risk of any medical or physical condition Renter may have.
3. PLAIN LANGUAGE OBLIGATION.
Renter agrees and understands that if renter damages the equipment, causes the equipment to become inoperable, gives cause for Company to spend more time to inspect the equipment than normal, modifies the equipment, does not return the equipment at the appropriate time or place, the renter will be charged additional expenses. The following provisions give further details to this overall statement but are consistent with this paragraph.
4. PROPERTY USE.
You may not operate the Property unless You are an “Authorized Operator,” which means any person who is designated as such in the Rental Agreement. You may not allow any person to operate the Property unless that person is an Authorized Operator. If You operate the Property, you must have a valid driver’s license from a jurisdiction acceptable to Owner; minimum auto vehicle insurance; must be 25 years of age or older; and must provide a Security Deposit of $2,000 for each vehicle rented to be refunded upon return of vehicle in acceptable condition. Owner may require other qualifications at the time of the rental. You agree that You are responsible for Your conduct and the conduct of any other Authorized Operator as it relates to the use of the Property. You must obey all driving rules such as speed limits, etc. You cannot operate the vehicle while impaired or under the influence of alcohol or drugs.
5. RENTAL OBLIGATIONS.
You agree to pay the amounts identified in the Rental Summary. You must return the Property to Us by the date and time specified in the Rental Summary. You must return the Property in the same condition it is in when you receive it, ordinary wear and tear excepted. If You do not return the Property by the date and time indicated in the Rental Summary, We may, at Your expense, recover the Property where and when it is found at further cost to You.
6. FUEL USAGE.
All UTV rental equipment will have a full tank of gasoline at the time of equipment rental. The UTV must be returned with a full tank of gas. In the event that the unit is returned with less than a full tank of gasoline, the Renter will be charged $5.00 per gallon of missing fuel.
7. DAMAGE, LOSS, AND LATE RETURNS.
You must pay for any damage or loss to the Property, regardless of the cause, and regardless of whether it is your fault. If you damage the Property during the rental period to a degree that it becomes inoperable, we will not provide any replacement. You authorize Us to charge your credit card for the full cost to repair or replace the Property if it is not returned in the condition stated in Section 6. In addition, if you fail to return the Property in the condition stated in Section 6, you authorize Us to charge the full daily rental rate for the Property for each day that it remains in a condition that would not allow Us to rent it out. If you do not return the Property by the time and date specified in the rental summary, you agree to pay a $100 late fee, and in addition, you agree to pay the full daily rental rate for any day in which the Property is not rentable because You have not timely returned it. If a UTV is tipped over, there is an automatic $500 charge before parts and labor as a full inspection will be necessary to determine the extent of the damage.
8. PERSONAL PROPERTY.
Owner is not responsible to You for any loss or damage of personal property. You hereby waive any claim against Owner for damages or loss to Your personal property or others’ personal property.
9. PARENTAL OR GUARDIAN STATUS.
You warrant and agree that You will not allow any minor to ride or be an occupant of the Property unless the minor: (a) is an Authorized Rider; (b) has permission from the minor’s parents or legal guardian(s) to ride in the Property; and (c) has at least one parent or legal guardian who is also an Authorized Rider or Authorized Operator.
Renter must defend, indemnify, and hold Owner (including its members, assigns, affiliated companies, employees, agents, and family members of the foregoing) harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney’s fees, and other expenses arising from or related to this rental transaction or use of the Property by You or any other person during or around the rental duration specified in the Rental Summary.
If You do not pay all amounts due to Company under this Agreement, You will pay a late charge of 1.5% per month on the past due balance. You also agree to pay costs of collection, including but not limited to costs and attorney’s fees.
12. ATTORNEY’S FEES.
Should Company or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.
13. CHOICE OF LAW.
In the event that Renter files a lawsuit against Company, Renter agrees to do so solely in the State of Nevada, and further agrees that the substantive law of Nevada shall apply in that action without regard to the conflict of law rules of that state. Renter agrees that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
14. MANDATORY SAFETY EQUIPMENT.
All Authorized Operators and Authorized Riders are required to wear Personal Protective Equipment (PPE) that will include: Helmet, Goggles, and Safety Belts. Each UTV is outfitted with a fire extinguisher, first aid kit, and a small tool kit that will have basic tools.
15. OWNER’S RIGHT TO REFUSE RENTAL AND SERVICE.
Silver State UTV Rental, LLC reserves the right to refuse service or rental of equipment.
16. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the Renter and Company related to the rental of the Property. No representations, promises, warrantees, understandings of agreements, expressed or implied, verbal or written, exist with respect to this rental except those expressly set forth in this Agreement (together with the Rental Summary.)