Sample Rental Agreement And Waiver Of Liability Form (Atv Rentals)

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RENTAL AGREEMENT AND WAIVER OF LIABILITY
000001
DATE:_______________
Breakdown Emergency #_______________________
EMP:________________
The undersigned hereby rent from Steve’s ATV Service, Inc. a California corporation, (“Steve’s ATV Rentals”) the following
STORE:______________
described all-terrain vehicle (ATV) or equipment for a limited period of time, upon the following terms and conditions.
SAMPLE
Full Name
Drivers License
Date of Birth
Residence Address (Include St. Ave, etc.)
Apt/Space #
City
State
Zip Code
Cellular Telephone
Home Telephone
Email Address
ADDIONAL CHARGES
ADD. CHRGS
ATV/DB
INITIAL
RENTAL
SCHEDULE
HOURS/CHARGES/DAMAGES
AMOUNT
EQUIPMENT
HOURS
AMOUNT
DEPOSIT
EQUIPMENT #
START TIME
END TIME
$
$
Rental:
$
$
$
Fuel:
$
$
$
RBI/Waiver:
$
$
$
Accessorires:
$
$
$
Totals:
$
$
Total:
$
NO WARRANTY - NO INSURANCE PROVIDED
to claims which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected his
INHERENTLY DANGEROUS ACTIVITY
settlement with the debtor.” The undersigned represents and warrants that he or she
Steve’s ATV Rentals makes NO WARRANTY of any kind, nature or description, express or
has considered the possibility that claims, liabilities, injuries, damages and causes of
implied, as to the quality and manufacture, safety, driveability or fitness for any particular
action may develop, accrue or be discovered in the future, and he or she voluntarily
purpose of any vehicle or equipment covered by this agreement. The undersigned and any
assumes that risk as part of this agreement.
additional riders identified herein accept any vehicle or other equipment provided by Steve’s
6. _____COVENANT NOT TO SUE.
I agree and covenant on behalf of myself, my
ATV Rentals in its “as is” condition with all faults. The undersigned hereby acknowledge that
children and any minor for whom I am the guardian, I will never directly or indirectly
riding ATV/UTVs in the sand dunes and deserts of
California/Oregon
with other like vehicles
institute any legal, equitable, administrative, or other action, complaint, or proceeding
and riders is a dangerous activity, with a high risk of serious bodily injury or death to others
against Steve’s ATV Rentals or any shareholder, director, officer, employee, agent,
or myself. Steve’s ATV Rentals strongly urges any renter and other riders to have medical
successor or assign thereof, or in any manner assert any further claim or demand
insurance prior to engaging in this activity. Steve’s ATV Rentals does not provide medical
against Steve’s ATV Rentals and its shareholders, directors, officers, employee’s,
insurance and advises that serious injuries can be financially devastating. The undersigned
agents, successors and assigns thereof, arising from or pertaining to the condition,
and all additional riders hereby personally accept all risks and liabilities of this activity. It has
possession, use and/or operation of the above referenced ATV/UTV or any other ATV/
been explained to the undersigned and I understand that by executing this document I am
UTV or equipment received and/or obtained from Steve’s ATV Rentals. This covenant
giving up important legal rights. It is my further intention to give up those rights and in good
applies and extends to any and all claims, liabilities, injuries, expenses, losses,
faith to relieve and release Steve’s ATV Rentals of any duty legally owed to me in relation to
damages, and causes of action that I do not presently anticipate, know, or suspect to
the conduct of this activity.
exist, but that may develop, accrue, or be discovered in the future.
TERMS AND CONDITIONS -READ THIS CAREFULLY
7. _____IDEMNIFCATION.
The undersigned shall indemnify, defend (by counsel
reasonably acceptable to indemnitee), protect and hold Steve’s ATV Rentals, its
1. _____RULES OF OPERATION.
I agree to follow and be bound by the General
shareholders, directors, officers, employees, agents, successors and assigns, free
ATV/UTV Operation Rules on the reverse and made a part of this agreement.
and harmless from and against any and all claims, liabilities, penalties, losses, or
2. _____NOTIFCATION
OF
CALIFORNIA
VEHICLE
CODE
(CVC)
expenses (including attorneys’ fees) for death of or injury to any person or damage
REQUIREMENTS
CVC§38503(b): All customers under age 18 without an All
to any property whatsoever arising from or caused in whole or in part, directly or
Terrain Vehicle Safety Institute (ASI) Certificate/Card shall be supervised by an adult
indirectly, from the rental, use and/or operation, condition or possession of the above
with the Certificate/Card. CVC§38603(c): All customers under age 18 without adult
referenced ATV/UTV or any other ATV/UTV or other equipment received or obtained
supervision shall possess an ASI Safety Certificate/Card. CVC§38504: All customers
from Steve’s ATV Rentals. The undersigned likewise shall indemnify Steve’s ATV
under age 14 shall be under the direct supervision of an adult with the ASI Certificate/
Rental, its shareholders, directors, officers, employees, agents, successors and
Card. I understand that failure to possess the Certificate/Card is a citable offense.
assigns against any losses, costs or expenses, including attorneys’ fees, resulting
3. _____LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR
from a breach of this agreement.
DAMAGE.
I agree that only the persons signing or otherwise identified in this
8. _____PARTIAL INVALIDITY/CHOICE OF LAW.
Should any provision of
agreement will operate the rented ATV/UTV(s), other vehicle(s), or equipment and
this agreement be held by a court of competent jurisdiction to be either invalid or
that passengers will not be carried on any ATV. Riders under the age of 18 years
unenforceable, the remaining provisions of the agreement shall remain in effect. This
must provide Steve’s ATV Rentals with a written consent from a parent or legal
agreement, covenant, waiver and release shall be governed and construed under the
guardian. Should any undersigned person, any minor child under my control or any
laws of the State of California.
other person with permission of any undersigned operate any above referenced
9. _____EXPENSES OF ENFORCEMENT.
In the event of any legal action with
vehicle or equipment in such a manner or fail to exercise adequate care of the same
respect to this agreement, the prevailing party in any such action shall be entitled
so as to result in theft, loss of or damage to such vehicle or equipment, I agree to
to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.
be personally liable and financially responsible for all loss of and damage caused to
10. _____ENTIRE AGREEMENT, NO ORAL MODIFICAITON.
This instrument with
any ATV/UTV, other vehicle or equipment covered by this agreement, regardless of
attachments constitutes the entire agreement between the parties. No provision hereof
whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH
shall be modified or rescinded unless in writing signed by an authorized corporate
LOSS OR DAMAGE. I also agree to pay for the loss of use of any ATV/UTV or other
representative of Steve’s ATV Rentals.
vehicle covered by this agreement damaged by myself or other riders, at the rate of
$60 per day from the date of damage until repaired and replaced in rental service, not
11. _____PARENTAL CONSENT.
I ____________________________________ am
to exceed 14 days. I hereby authorize Steve’s ATV Rentals to charge my credit card
the parent or legal guardian of the minor(s) identified below. I hereby consent that the
account provided as part of this transaction for any and all additional rental, damage
above listed ATV/UTV or any other vehicle or equipment I may obtain from Steve’s
and loss of use charges I may incur under the terms of this agreement.
ATV Rentals may be used and operated by such minor(s) in accordance with the terms
4.
_____ASSUMPTION OF RISK.
I expressly and voluntarily assume all risk and
of this agreement. I shall be personally responsible for such minor(s) following and
liability for the loss or damage to any ATV/UTV or other equipment obtained from
abiding by the rules and terms of this agreement.
Steve’s ATV Rentals, for the death or injury to any person or property and for all
12. _____NOTIFCATION OF OREGON VEHICLE CODE (OVC) REQUIREMENTS
other risks and liabilities arising from the use, condition and possession of the above
Ref: ORS 801.193) Effective January 1, 2014, all operators of Class I or Class III ATVs
identified ATV/UTV or any other ATV/UTV and/or equipment received or obtained from
must possess an OPRD “ATV Safety Education Card.”
Steve’s ATV Rentals.
13. _____
I, on behalf of myself, my personal representatives and my heirs hereby
5. _____WAIVER AND RELEASE OF CLAIMS.
The undersigned, on behalf of
voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify
myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs
Steve’s ATV rentals and its owners, agents, officers, and employees from any and
and successors in interest, now and forever waive, release and discharge Steve’s
all claims, actions or losses for bodily injury, property damage, wrongful death,
ATV Rentals, its shareholders, directors, officers, employees, agents, successors and
loss of services or otherwise which may arise out of my use of rafting equipment
assigns from any and all claims, demands, losses, expenses, damages, liabilities,
or my participation in rafting activities. I specifically understand that I am releasing,
actions, causes of action of any nature, including but not limited to personal injury,
discharging and waiving any claims or actions that I may have presently or in the future
wrongful death and property damage, that in any manner arise from or relate to the
for the negligent acts or other conduct by the owners, agents, officers or employees
rental, use and/or operation, condition or possession of the above referenced ATV/UTV
of Steve’s ATV Rentals.
and any other ATV/UTV or other equipment received and/or obtained from Steve’s ATV
14. _____
I, the undersigned, certify that I/we have read the Rental Agreement and Waiver
Rentals. This waiver and release extends to and includes any and all claims, liabilities,
of Liability and understand the contents of this document. I/we execute it voluntarily in
injuries, damages, and causes of action that the parties do not presently anticipate,
good faith and with full knowledge of its significance.
know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
THE UNDERSIGNED EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA
CIVIL CODE SECTION 1542, WHICH PROVIDES: “A general release does not extend
DATED:________________
RENTER | OPERATOR | PARENT | ADDITIONAL RIDER
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Age
Signature
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Age
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