ATV/UTV AGREEMENT
Rental rates will be at the published rate at the time of signing this agreement
ATV RENTAL TERMS AND CONDITIONS
1. RULES OF OPERATION: I agree to follow and be bound by the General ATV Operation Rules on the reverse and made a part of this agreement.
2. NOTIFICATION OF CALIFORNIA VEHICLE CODE (CVC) REQUIREMENTS: CVC§38503(b):
All customers under age 18 without an All Terrain Vehicle Safety Institute (ASI) Certificate/Card shall be supervised by an adult with the Certificate/Card. CVC§38603(c): All customers under age 18 without adult supervision shall possess an ASI Safety Certificate/Card. CVC§38504: All customers under age 14 shall be under the direct supervision of an adult with the ASI Certificate/Card. I understand that failure to possess the Certificate/Card is a citable offense.
3. LIMITATION OF USE AND REWPONSIBBILITY OF LOSS OR DAMAGE: I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV(s), other vehicle(s), or equipment and that passengers will not be carried on any ATV. Riders under the age of 18 years must provide Inland RV Rental with a written consent from a parent or legal guardian. Should any undersigned person, any minor child under my control or any other person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any ATV or other vehicle covered by this agreement damaged by myself or other riders, at the rate of $150 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Inland RV Rental to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges I may incur under the terms of this agreement.
4. ASSUMPTION OF RISK: I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV or other equipment obtained from Inland RV Rentals, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ATV or any other ATV and/or equipment received or obtained from Inland RV Rentals.
5. WAIVER AND RELEASE OF CLAIM: The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever waive, release and discharge Inland RV Rental, its shareholders, directors, officers, employees, Agents, successors and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above referenced ATV and any other ATV or other equipment received and/or obtained from Inland RV Rental. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, 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 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 settlement with the debtor." The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or shevoluntarily assumes that risk as part of this agreement.
6. COVENANT NOT TO SUE: I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Inland RV Rental or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against Inland RV Rental and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV or any other ATV or equipment received and/or obtained from Inland RV Rental. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be is covered in the future.
7. INDEMNIFICATION: The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnitee), protect and hold Inland RV Rental, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced ATV or any other ATV or other equipment received or obtained from Inland RV Rental. The undersigned likewise shall indemnify Inland RV Rental, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys' fees, resulting from a breach of this agreement.
8. PARTIAL INVALIDITY/ CHOICE OF LAW: Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of California .
9. EXPENSES OF ENFORCEMENT: In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.
10. ENTIRE AGREEMENT, NO ORAL MODIFICATION: This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized corporate representative of Inland RV Rental.
11. PARENTAL CONSENT: I ____________________________________ am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed ATV or any other vehicle or equipment I may obtain from Inland RV Rentals may be used and operated by such minor(s) in accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement. I, the undersigned, certify that I/we have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I/we execute it voluntarily in good faith and with full knowledge of its significance.
RENTER / OPERATOR / PARENT / ADDITIONAL RIDER
___________________/_____/_________________ ___________________/_____/_________________
PRINT NAME AGE SIGNATURE PRINT NAME AGE SIGNATURE
Renter accepts responsibility for all Damages to the water craft.
You have notified your insurance agent of your intention to use a water craft. You have been advised by your agent that your liability and property damage insurance covers risk of loss to the water craft and your risk of liability for any injury or damage to others or their property, and your insurance policy have been endorsed accordingly.
By checking this box, you have read the terms and conditions of this agreement and that you fully understand these terms and conditions and agree with all of the terms and conditions listed above.