ADVENTURE ATV & REC RENTALS S CORP RENT ADVENTURES LLC

Transcription

1 CUSTOMER INFORMATION ADVENTURE ATV & REC RENTALS S CORP RENT ADVENTURES LLC RIDE DATE VEHICLE DRIVEN NAME DATE OF BIRTH ADDRESS DRIVERS LICENSE # CITY STATE ZIP PHONE EMERGENCY CONTACT(name/phone) ARRIVAL TIME CHECK BELOW I authorize the release of any and all medical records for the following person(s) listed on this form, in the event of an injury while utilizing the services of Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC. I have read, understand and agree to all Riding Rules and Regulations. I have read, understand and agree to the Assumption of Risk, Release of Liability and Indemnity Agreement. I read, understand and agree to the Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC Insurance Application. Signature LIST ALL RIDERS AND NON-RIDERS IN YOUR FAMILY/GROUP AGE NAME (PRINT) SIGNATURE (OR GUARDIAN) OFFICE USE TOTAL$

2 ADVENTURE ATV & REC RENTALS S CORP RENT ADVENTURES LLC RIDING RULES & REGULATIONS AFTER THE MACHINE LEAVES ADVENTURE ATV AND REC. RENTAL, RENT ADVENTURES LLC, SAFETY IS THE SOLE RESPONSIBILITY OF THE RENTER. ATV, Side-by-Side & Dirt Bike 1. Never leave a machine unattended 2. Keep both hands on the steering apparatus at all times 3. Be aware of your surroundings and other riders at all times. 4. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves. 5. Never ride on paved roads except to cross when done safely and permitted by law - another vehicle could hit you. Machines are designed to be operated for off-highway use. 6. Never operate any machine under the influence of alcohol or drugs. 7. Never carry a passenger on a single-rider ATV, and no more than one passenger on an ATV specifically designed for two people. 8. Ride a machine that's right for your age, size, ability, and skill level. 9. Riders under the age of 18 must be supervised by their guardian at all times. 10. Ride only on designated marked\approved trails and at a safe speed. Riders will be responsible for all fines received for not following laws. 11. Always look well ahead and choose a speed that is proper for the terrain, visibility, operating conditions, and your experience Side-by-Sides 1. Seatbelts must be worn at all times. The throttle will be limited without the seatbelt in place. 2. Nets must be in place at all times. Signature Date

3 ADVENTURE ATV & REC RENTALS S CORP RENT ADVENTURES LLC ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT In consideration of Adventure ATV & Rec. Rentals, Rent Adventures, LLC permitting me and/or my minor child to participate in Recreational Activities, utilizing equipment owned by Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC, I, the under signed, for myself, and for my child if a participant, and our heirs, personal representatives, successors and assigns, agree to the following terms and conditions. Recreational Activities mean all recreational activities provided, offered or permitted by Adventure ATV & Rec. Rentals S Corp, Rent Adventures, LLC, including, but not limited to, the use or operation of motorcycles, all-terrain vehicles and other types of motorized vehicles for off-road driving, motor-cross or racing on all tracks, trails, improvements, buildings, facilities, equipment or goods. Recreational Activities also include your participation or involvement in activities as a driver, operator, passenger, sponsor, mechanic, or person otherwise assisting or supporting the use or operation of a vehicle owned by Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC. I choose to participate in the Recreational Activities voluntarily and of my free will. I know that (1) the Recreational Activities are dangerous and involve inherent risks to my health and safety including, but not limited to, bodily injury, paralysis, disability, dismemberment or death; (2) some of the risks include collisions, crashes, vehicle roll-overs, falls, fires, explosions, mechanical failure, acts or omissions of other persons, and forces of nature such as rain, wind, ice and lightning; (3) the Recreational Activities are physically demanding and could cause serious or life threatening medical conditions like heart attack or stroke; (4) equipment used in Recreational Activities may break, fail or malfunction, despite reasonable maintenance and use. Some of the equipment used may inflict injuries even when used as intended; (5) these are some, but not all, of the risks inherent in Recreational Activities; a complete listing of inherent and other risks is not possible. There are also risks which cannot be anticipated; (6) by participating in the Recreational Activities I am voluntary and of my free will exposing myself to these risks and dangers with full knowledge that they may result in my injury or death. With full knowledge and acceptance of these facts, I expressly ASSUME THE RISK of my participation in the Recreational Activities and agree that Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC and the Released Parties shall have no liability or legal duty to me for the risks that I am voluntarily and expressly assuming. I also know that I may be injured, damaged or die as a result of the acts or omissions of other persons including the negligence or gross negligence of Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC, its employees or representatives. Acknowledging that such risks exist, I hereby forever RELEASE AND DISCHARGE Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC and their respective officers, managers, members, employees, representatives, agents, successors and assigns (the Released Parties ), of and from any and all 1

4 liabilities, strict liability, claims, damages, punitive damages, property damage, actions or causes of action, that I, anyone on my behalf, my heirs, or personal representative have or may have for or relating to any injury or damage to my person or property suffered or claimed to have been suffered by me or death which arises out of, is related to, results from, or is caused in whole or in part by my participation in any of the Recreational Activities hosted or sponsored by Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC, including, but not limited to, any claim that an act or omission was caused in whole or in part by the NEGLIGENCE or GROSS NEGLIGENCE of one or more of the Released Parties or by hidden, latent or obvious defects at Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC, or equipment owned by Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC. I certify, covenant and warrant that: I have the skills and ability needed to carefully and competently participate in the Recreational Activities, which I will employ; I have no health condition that will put me or others at increased risk while participating in the Recreational Activities; I will follow all rules and safety standards applicable to the Recreational Activities; I am solely responsible for selecting the trail that best suits my experience and ability; and under no circumstances will I leave a marked trail. If the participant in Recreation Activities is a minor, both the minor participant and his or her parent or legal guardian further certify, covenant and warrant that: the parent or legal guardian signing below is the legal parent or legal guardian of the minor; has legal custody of the minor; has the legal right to act on behalf of the minor; has legal authority to enter into this Agreement and bind the minor to its terms; the parent or legal guardian is signing individually and on behalf of the minor; and the parent or legal guardian and the minor both agree to the terms hereof. The laws of the State of Colorado shall govern this Agreement. Any provision or term of this Agreement that is invalid, illegal or unenforceable in any respect shall be severed and ineffective to the extent of such invalidity, illegality or unenforceability without in any way affecting the validity, legality or enforceability of the remaining provisions and terms of the Agreement. I have read and fully understand this Assumption of Risk, Release of Liability and Indemnity Agreement and agree to be bound by its terms. I understand that by signing this Agreement I am waiving significant legal rights, including the right to assert claims against, sue or recover from Adventure ATV & Rec Rentals S Corp, Rent Adventures, LLC and the Released Parties. I sign this Agreement freely and willingly. Adult Information: Print Participant Name: Participant Age and D/B : Participant Signature: X Date: Parent/Legal Guardian of Minor Information: Print Minor Participant Name: Minor s Age and D/B: Print Parent/Legal Guardian Name: I affirm I am the legal Parent/Legal Guardian of Minor: X Date: 1

5 Colorado Motorcycle/ATV/Scooter Rental Agreement RENTER NAME VEHICLE NO. LICENSE NO. MAKE MODEL COLOR SUBSTITUTE CURRENT RESIDENCE SO. SECURITY NO. VEHICLE NO. LICENSE NO. MAKE MODEL COLOR CITY STATE ZIP PHONE NO. CELL NO. CHECK OUT DATE DATE AND TIME DUE IN: DRIVERS LICENSE NO. STATE EXP. DATE NO. PER FREE MILES THE RENTER HAS A VALID MOTORCYCLE LICENSE TIME OUT: HAIR EYES HEIGHT WEIGHT DOB AGE TIME IN: EMPLOYER DATE OF EXCHANGE EMPLOYER ADDRESS CITY STATE PHONE NO. TOTAL TIME RENTED DAYS RENTER'S LOCAL ADDRESS (IF DIFFERENT FROM ABOVE) LOCAL PHONE NO. RATES DO NOT INCLUDE GAS HOURS ADDITIONAL DRIVER MOTORCYCLE LICENSE NO. SIGNATURE R A $ PER DAY 1. T $ PER DAY 2. E $ PER WEEK THE VEHICLE MAY ONLY BE DRIVEN IN THE STATE(S) OF S $ PER SUB TOTAL CREDIT CARD INFORMATION SALES TAX % CREDIT CARD NUMBER: EXPIRATION DATE: VISA MC AMX DISCOVER DRIVER #2 FEE $ (where applicable) SUB TOTAL CREDIT CARD INFORMATION VISA MC AMX DISCOVER NET DUE TOTAL CHARGES LESS OIL, REPAIRS CREDIT CARD NUMBER: DEPOSIT CREDIT $ EXPIRATION DATE: DEPOSIT RECEIVED $ DATE ADDITIONAL DEPOSIT $ DATE Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes CHECKED OUT BY CHECKED IN BY By signing below, you agree to the terms and conditions of this Agreement, and you X. acknowledge that you have been given an opportunity to read this Agreement before being asked to sign. Your signature below authorizes us to process a separate credit/debit card voucher in your name for the rental charges. RENTER Your Signature Additional Driver

6 Terms and Conditions (Motorcycle Rental Agreement) 1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the independent business named on the reverse side of this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle driver's license and, is at least 25 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" means the motorcycle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate. 2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. 3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. 4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 5. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used by anyone other than you. You will not operate the Vehicle: (a) while under the influence of any drug or alcohol; (b) if you obtained the Vehicle by giving us false, fraudulent or misleading information; (c) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (d) to carry a person other than you; (e) in any race, speed test or contest; (f) to carry dangerous or hazardous items or illegal materiel; (g) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (h) on unpaved surfaces; (i) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; or, (j) after an accident with the Vehicle unless and until you summon the police to the accident scene. 6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the Policy ) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. 7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; (k) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (l) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented. 8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. 9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 10. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. MBA Motorcycle Colorado