Today's Date: February 8, 2023
1.Definitions. "Agreement" means all terms and conditions found in this form and any addendum or attachment hereto. "You" or "your" means the person identified as the user above, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the user's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means Strasburg Scooters. "Authorized Driver" means the user and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license and, is at least 18 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" means the motorized scooter identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for any reason due to damage to it or loss of it during your use, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times $125, which you and we agree represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.
2.Use, Warranties. This is a contract for the use, operation or riding of the Vehicle while participating on a Tour as permitted herein (“Activities”). 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. 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. You represent and warrant that you have inspected the Vehicle, that you are familiar with and have experience using vehicles of the same type as the Vehicle, are licensed to operate the vehicle and that you are confident that you can operate the Vehicle safely. You further warrant that you will operate the vehicle consistent with any and all instructions provided by us. You acknowledge that failure operate the vehicle safely or consistent with our instructions may result in us terminating your operation of the vehicle and that no refund will be provided in the case of such termination.
3.Assumption of Risk. You understand that the Activities may be hazardous and involve a variety of risks, dangers and hazards, including property damage, serious bodily injury or death, which may result from collision or upset caused by any of the following: variations in terrain trails, paths or roads; surface or subsurface snow or ice conditions; bare spots, rocks, trees, stumps, and other forms of forest growth or debris; structures on the land; equipment not in use; pole lines’ fences; and collisions with other operators or persons. You understand that the hazardous nature of Activities also includes conditions during periods when the Vehicle is not in motion, including conditions caused by the presence and conduct of animals, weather, and other acts of God. You understand that you are responsible for your safety and that of all passengers in the Vehicle. You voluntarily assume all risk of accident or damage to persons or property that may arise out of or is related to the use or operation of the Vehicle or participation on the Tour and Activities .
You expressly understand and agree that your use of our facilities, premises and services presents unknown and inherent risks to yourself and your family regarding any potential or actual infection of Covid-19 and any related illness, the result of which may be serious, including but not limited to, cough, fever, pneumonia, hospitalization, and death. You further understand that you are responsible for evaluating the risks to me and your family by using our vehicles facilities, premises and services. By your signature below, in exchange for the opportunity to voluntarily use our vehicles, facilities, premises and services of, you have assumed the risk for and am responsible for any sickness or injuries relating to or resulting from Covid-19
4.Acknowledgment of Covid -19 Safety Measures. You acknowledge and agree that you and your guests (including any minors under your care or supervision) will take certain safety measures to help prevent infection or the spread of Covid-19. Such safety measures include: ensuring that neither yourself nor your household have any symptoms of Covid-19 for a period of no less than ten (10) days prior to entrance onto or use of our facilities, premises and services, use of handwashing and hand sanitizer on a regular basis while on our premises and throughout the duration of any services offered by us, maintaining social distancing, and proper use of face masks as directed by us. In the event that we, the CDC, World Health Organization, recommends additional safety measures, you agree to use and cause the rest of your family to use such safety measures upon our verbal or written request.
5.Waiver and Release. IN CONSIDERATION OF OUR PROVIDING THE VEHICLE TO YOU, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS US, OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS (“RELEASED PARTIES”), FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY THAT ARISE OUT OF, ARE RELATED TO, OR THAT YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR OCCUPANCY OF THE VEHICLE, WHETHER OR NOT DUE TO YOUR OWN NEGLIGENCE, ACTS, OR OMISSIONS OF OTHER THIRD PARTIES OR THE RELEASED PARTIES. YOU FURTHER RELEASE THE RELEASED PARTIES 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 OUR OFFICES, UNLESS SUCH DAMAGE WAS CAUSED BY THE INTENTIONAL ACT OF A RELEASED PARTY.
6.Indemnification. You will indemnify, defend, and hold harmless the Released Parties from all claims, demands, actions, causes of action, including reasonable attorney's fees, expenses and costs of suit, which may arise out of or are related to the use or operation of the Vehicle to the fullest extent of the law. This release and indemnification shall be binding upon you, your heirs, administrators, executors, and assigns.
You specifically understand that you are personally responsible for your actions and omissions, and any resulting sicknesses or injuries relating to or resulting from Covid-19 and agree to indemnify, defend, and hold harmless, including from reasonable attorneys' fees and any other associated costs, the Released Parties, from any and all actions, claims, or demands that you, for yourself and on behalf of your family, spouse, children, estate, heirs, executors, administrators, assigns and personal representatives, have or may have for any and all sicknesses or injuries relating to or resulting from Covid-19 that may be sustained as a result of the use of our facilities, premises and services, whether caused by any act or omission of us, you or any other party.
7.Continuing Obligation. The indemnities and assumptions of liabilities and obligations provided herein shall continue in full force and effect notwithstanding the expiration or other termination of this Agreement, or return of the Vehicle to us.
8.Condition and Return of Vehicle. You must return the Vehicle to our office or other location we specify, at the conclusion of the tour and/or Activities, 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 loss 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 your use or the Activities must have our prior approval.
9.Responsibility for Vehicle Damage or Loss; Reporting to Police. YOU ARE RESPONSIBLE FOR ALL DAMAGE TO OR LOSS OF 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 and a reasonable charge to cover our administrative expenses connected with any damage claim. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
10.Prohibited Uses. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be operated 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 geographic area indicated elsewhere in this Agreement; (h) on unpaved surfaces unless directed to do so by us; (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; (j) after being instructed to exit or cease operation of the vehicle by us; or, (k) after an accident with the Vehicle unless and until you summon the police to the accident scene.
11.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.
12.Photo Release You give us, free of any compensation, unlimited permission to use, publish, and republish, in any media now in existence or that may later be developed, for any lawful purpose as it may determine, information and reproductions of your likeness and your voice related to any aspect of the Activities. You hereby waive your right to first review the use of your likeness or voice before any use or publication.
13.Charges. You will pay us, on demand all charges due us under this Agreement, including: (a) optional products and services you purchased; (b) applicable taxes (c) 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; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; (d) 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; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (g) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than prior to the Activities.
14.Authorization for Additional Charges. In the event any charges listed in Paragraph 12 above are incurred by us, you authorize us to place a charge/debit on any credit/debit card we have on file for you, to include the credit or debit car presented for payment prior to the commencement of the Activities.
15.Breach of Agreement. The acts listed in paragraph 9, above, are 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.
16.Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. Your use of the Vehicle may not extend past the conclusion of the Activities. You must return the Vehicle to our office for inspection at the conclusion of the Activities. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding your use of the Vehicle or participation in the Activities are void.
17.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. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
By signing below, you agree to the terms and conditions of this Agreement, and you acknowledge that you have been given an opportunity to read this Agreement before being asked to sign. YOU ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED BECAUSE OF YOUR USE OF THE VEHICLE, YOU MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED YOUR RIGHT TO MAINTAIN A LAWSUIT AGAINST US ON THE BASIS OF ANY CLAIM YOU HAVE RELEASED HEREIN. YOU ALSO ACKNOWLEDGE THAT (1) YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT, (2) THAT BY SIGNING THIS AGREEMENT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, (3) YOU HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE, AND (4) YOU AGREE TO BE BOUND BY ITS TERMS. Your signature below authorizes us to process a separate credit/debit card voucher in your name for the charges relating to the Activities and any charges payable by you as authorized under Paragraph 12 of this Agreement.
User signature Passenger Signature
Print Name Print Name
BY SIGNING THIS AGREEMENT ON BEHALF OF AN UNDERAGE PARTICIPANT(S), YOU AGREE TO THE ABOVE TERMS AND CONDITIONS ON HIS, HER, OR THEIR BEHALF AND WARRANT THAT YOU ARE THE PARENT OR GUARDIAN OF THE UNDERSIGNED UNDERAGE PARTICIPANT(S) AND THAT YOU VOLUNTARILY SIGN THIS AGREEMENT WITH THE FULL UNDERSTANDING THAT SUBSTANTIAL RIGHTS ARE BEING GIVEN UP.
Please present your driver’s license prior to the start of the Tour. Strasburg Scooters may retain a copy for our records.