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ATV RENTAL AGREEMENT; EXPRESS ASSUMPTION OF RISK; COMPLETE RELEASE AND WAIVER OF LIABILITY AND AGREEMENT NOT TO SUE; AND INDEMNITY AGREEMENT

The undersigned hereby rents from BRANDON TAKEOVER, LLC, a Florida limited liability company d/b/a/ TAKEOVERS RENTALS (hereinafter “TAKEOVERS RENTALS”) the following described All-Terrain Vehicle (ATV) and/or equipment for a limited period of time, upon the following terms and conditions and rules of operation and safety.

 

NO WARRANTY - NO INSURANCE PROVIDED - INHERENTLY DANGEROUS ACTIVITY

TAKEOVERS RENTALS makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any ATV or equipment covered by this ATV Rental Agreement; Express Assumption of Risk; Complete Release and Waiver of Liability and Agreement not to Sue; and Indemnity Agreement (hereinafter “Agreement and Release”). The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by TAKEOVERS RENTALS in its “as is” condition with all faults. I (We) the undersigned hereby acknowledges that driving ATV(s) with other like vehicles and riders, is an inherently dangerous activity and carries risks of serious personal injury, property damage, or death. I (We) also know that there are normal, mechanical and environmental conditions and risks which independently or in combination with my activities may cause injury or even death to me or others, as well as property damage. I (We) know that operating ATV(s) has been the cause of serious injury and death in the past, because of the risks inherent in operation of the vehicle/s itself as well as where and how they are operated. TAKEOVERS RENTALS strongly urges the renter and other riders to have medical insurance prior to engaging in this activity. TAKEOVERS RENTALS does not provide medical insurance and advises that serious injuries can be financially devastating. I (We) the undersigned and any additional rider represented below hereby personally accept all risks and liabilities of this activity. It has been explained to me (us) that I (we) the undersigned that by executing this document I (we) am giving up important legal rights. It is my (our) further intention to give up those rights and in good faith to relieve and release TAKEOVERS RENTALS of any duty legally owed to me (us) in relation to the conduct of this activity.

 

TERMS AND CONDITIONS - READ THIS CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

All must be initialed by the Rider noted on this Agreement and Release.

  1. Rules of Operation. I agree to follow and be bound by the ​GENERAL RULES OF OPERATION and SAFETY ​attached hereto and made a part of this Agreement and Release.

  2. Operation and Safety Training. I have reviewed and understand the safety features and operation of the above referenced vehicle or equipment. Including safety training videos and/or verbal training. 

  3. ​Limitation of Use and Responsibility for Loss and/or Damage​. I (We) agree that only the persons signing or otherwise identified in this Agreement and Release will operate the rented ATV(s), or other equipment and that passengers will not be carried on any ATV not designated for such use. No drivers under the age of 18 years will be permitted to drive or operate any ATV(s) under any circumstances. Should any undersigned person, any minor under my control or any 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(s), other vehicle or equipment covered by this Agreement and Release, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I also agree to pay for the loss or use of any ATV or other vehicle covered by this Agreement and Release damaged by myself or other riders, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed fourteen (14) days. I hereby authorize TAKEOVERS RENTALS to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges that I may incur under the terms of this Agreement and Release. Copy of valid driver’s license for each Operator is required. All rentals require a credit card authorization of $1000.00 per ATV on a valid credit card. 

  4. Damage Agreement​. A damage agreement is included in the price of the daily rental rate on all machines rentals per day, the included damage agreement deductible will limit your cost of damage to $1500. Additional fees can lower this deductible please ask for details. This is not insurance and only covers damage to our machines that were in your possession. Damage agreements do not cover racing, fire, sinking, tipping, rolling, jumping, high banking or other violations of General Rules of Operation and Safety and machines must be returned intact for damage agreements to be valid. Drug and/or alcohol consumption will not be tolerated while operating or participating in activities with the use of our equipment. Renters assume all risk of loss and liability. 

  5. Assumption of Risk. I expressly and voluntarily assume all risk and liability for the loss of or damage to any ATV or other equipment obtained from TAKEOVERS RENTALS for 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(s) and or equipment received or obtained from TAKEOVERS RENTALS. 

  6. Waiver and Release of Claims. I, the undersigned on behalf of myself, my spouse (if any), my child, any minor for whom I am guardian, my heirs and successors in interest, now and forever Waive, Release and Discharge TAKEOVERS RENTALS and Groupon, its members, managers, 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 TAKEOVERS RENTALS. 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. 

  7. Covenant Not to Sue. I agree and covenant on behalf of myself, my children and any minor for whom I am guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against TAKEOVERS RENTALS or Groupon, Inc (including any of its affiliated corporate entities) or any member, manager, director, officer, employee, agent, successor, or assign thereof, or in any manner assert any further claim or demand against TAKEOVERS RENTALS or Groupon, Inc (including any of its affiliated corporate entities) and its members, manager, directors, officers, employees, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/ or operation of the above referenced ATV(s) or any other ATV related equipment received and/or obtained from TAKEOVERS RENTALS. 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 discovered in the future. 

  8. Indemnification. The undersigned shall indemnify, defend (by counsel reasonably acceptable to TAKEOVERS RENTALS and/or Groupon Inc as applicable,) protect and hold TAKEOVERS RENTALS and/or Groupon, Inc (including any of its affiliated corporate entities) members, managers, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorney’s 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(s) or any other ATV related other equipment received or obtained from TAKEOVERS RENTALS. The undersigned likewise shall indemnify TAKEOVERS RENTALS and Groupon, Inc (including any of its affiliated corporate entities), its members, managers, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorney’s fees, resulting from a breach of this Agreement and Release. 

  9. Severability/Choice of Law​. Should any provision of this Agreement and Release be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the Agreement and Release shall remain in effect. This Agreement and Release shall be governed and construed under the laws of the State of Florida and exclusive jurisdiction and venue for any action arising from this Agreement and Release shall be the courts of Miami-Dade County, Florida. 

  10. Expenses of Enforcement. In the event of any legal action with respect to this Agreement and Release, the prevailing party in any such action shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof, whether before and during suit, at trial, or on appeal. 

  11. Entire Agreement; No Oral Modifications. 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 legal representative of TAKEOVERS RENTALS. The undersigned, certify that I (we) have read the Agreement and Release and understand the contents of this document. I (we) execute it voluntarily in good faith and with full knowledge of its significance. 

  12. PARENTAL CONSENT; NOTICE TO THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN: ​PARENT OR LEGAL GUARDIAN OF ANY MINOR CHILD PARTICIPANT READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN AN INHERENTLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF TAKEOVERS RENTALS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS AGREEMENT AND RELEASE YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM TAKEOVERS RENTALS and Groupon, Inc (including any of its affiliated corporate entities) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT AND RELEASE, AND TAKEOVERS RENTALS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.



  13. I [Initial] 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 TAKEOVERS RENTALS may be used and operated by such minor(s) in accordance with the terms of this Agreement and Release. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this Agreement and Release. I, the above-named and undersigned hereby certify under the penalty of fraud that the listed and/or identified minor(s) Participant(s) is my child/children and I am the parent or legal guardian of said named child/children.
  14. USE BY MINORS/Parent or Guardian Authorization​: I acknowledge that the manufacturer of the ATVs has specifically warned that passengers must be able to place both feet on the floorboard while seated upright with their backs against the backrests. Passengers must be able to reach and hold the passenger handhold. The manufacturer also prohibits children who require the use of child safety seats in the vehicle and that the seat belt system was not designed to restrain automotive child safety seats, and that if I choose to allow any child of mine that does not meet these requirements to ride in the ATV, I am assuming any and all risk associated with this use.

     
  15. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify TAKEOVERS RENTALS and Groupon, Inc (including any of its affiliated corporate entities) and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of any ATV or any other vehicle or equipment I may obtain from TAKEOVERS RENTALS. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of TAKEOVERS RENTALS.

     
  16. Photography, Image, and Likeness Release and Authorization: I do hereby give, release, and authorize TAKEOVERS RENTALS and the employees of this company, his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use my picture, portrait, photograph, video, or likeness in all forms of media, in all manners for advertising, trade, sale or any other lawful purposes and I waive any right to inspect or approve the finished version(s), including written copy that may be created and appear in connection there with. I have read this release and am fully familiar with its contents.

     
  17. I, the undersigned, certify that I/we have read the Agreement and Release and understand the contents of this document. I/we execute it voluntarily in good faith and with full knowledge of its significance.

     

 

GENERAL RULES OF OPERATION and SAFETY

  1. Only adult riders over the age of 18 years who have signed the ATV Rental Agreement; Express Assumption of Risk; Complete Release and Waiver of Liability and Agreement not to Sue; and Indemnity Agreement (previously defined as the “Agreement and Release”) or a minor whose parent or guardian has signed the Agreement and Release on their behalf, shall operate any, ATV, or other rental vehicle or equipment.
  2. A helmet MUST be worn at all times while operating an ATV. A helmet and goggles if needed are included in your rental fee. However additional gear such as long pants, long sleeve shirt or jacket, over the ankle boots, chest protectors, gloves, knee and elbow reduce risk of injury and are strongly encouraged.
  3. Do not operate any ATV(s), or other vehicle or equipment, in any manner other than with both hands on the steering apparatus and sitting in the seat with arms and legs within the confines of the vehicle.
  4. Obey any and all posted signs. Do not ride faster than posted speed limits or than local current conditions allow.
  5. Do not carry persons other than as originally mounted on or assigned to ride in the vehicle.
  6. Ride at your current skill level. Do not push your limit. BE CAREFUL.
  7. Do not ride in water or wet sand. It corrodes the undercarriage.
  8. Do not participate in any race or contest involving other ATV(s) or any other vehicle.
  9. Do not tow other ATV(s) or any other vehicle nor allow them to tow you and your rental ATV(s).
  10. No alcohol or drug possession or consumption before or during use while in possession of the rented ATV(s) is permitted.
  11. Be aware of other riders and vehicles.
  12. Do not park and leave vehicle or equipment unattended.
  13. In case of breakdown, call our office at (786-547-10470. In the event of a breakdown compensation through credit or additional rental time will be granted if such breakdown was not caused by negligence by the operator.
  14. In case of medical emergency, IMMEDIATELY call 911. After calling 911, call our office at 786-547-1047​, such that our staff can contact your Emergency Contact and provide you with assistance.
  15. Vehicles are to be returned on time or additional fees will be charged.
  16. Vehicles driven more than 100 miles per day will be charged an over mileage fee of $1.50 per mile.
  17. There are ABSOLUTELY NO REFUNDS for early returns or for inclement weather.
  18. Anyone not following these rules; breaking local law, ordinances, or regulations; possessing and/or consuming alcohol or drugs; caught riding without a helmet; and/or engaging in a reckless and or careless manner will be asked to return the ATV(s) and the remainder of their rental and all fees will be forfeited.
  19. If damage to vehicle occurs due to not following above General Rules of Operation and Safety, the Damage Agreement contained in this Agreement and Release will not cover the damage and renter will be responsible for all repair/replacement costs.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT AND RELEASE I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT AND RELEASE. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND RELEASE AND ENTER THIS AGREEMENT AND RELEASE FREELY AND VOLUNTARILY​.

Today's Date: March 13, 2025

First Riders' Name

First Name*

Middle Name

Last Name*

Phone*
First Riders' Date of Birth*
First Riders' Signature*
Second Riders' Name

First Name*

Middle Name

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Second Riders' Date of Birth*
Third Riders' Name

First Name*

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Third Riders' Date of Birth*
Fourth Riders' Name

First Name*

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Fourth Riders' Date of Birth*
Fifth Riders' Name

First Name*

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Fifth Riders' Date of Birth*
Sixth Riders' Name

First Name*

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Sixth Riders' Date of Birth*
Seventh Riders' Name

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Seventh Riders' Date of Birth*
Eighth Riders' Name

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Eighth Riders' Date of Birth*
Ninth Riders' Name

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Ninth Riders' Date of Birth*
Tenth Riders' Name

First Name*

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Additional Information

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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