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PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK

 

Terms of Service

 

PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK        

       

In consideration of the services of DUCK CREEK RZR RENTALS INC. known as Duck Creek Adventures, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "DCA", I hereby agree to release, indemnify, and discharge DCA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that my participation in Snowmobile or UTV activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: riding on uneven snow covered terrain; changing snow conditions and variations in elevations; loss of control of the snowmobile; falls from the snowmobile; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with other snowmobiles, participants, trees, rocks, and other manmade or natural obstacles; snowmobiles are slippery when wet and accident can occur while getting on and off; pinches, bruises, abrasions, strains, burns, cuts and lacerations; exhaustion; major injuries are a risk as are musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; the negligence of participants, or other persons who may be present; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; exposure to temperature and weather extremes which could cause hypothermia, frostbite, frostnip, hypoxia, sunburn, or dehydration; encounters with animals and wildlife; altitude sickness, high altitude pulmonary edema; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; further, passengers can be thrown off the vehicle which can result in any of the above events occurring; equipment failure and mechanical and/or equipment problems; accidents or illness can occur in remote places without medical facilities; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.

Furthermore, DCA personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.             

1.   I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks. I agree to wear goggles and a properly fitted and secured DOT or SNELL-certified helmet while participating in this activity.

2.   I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DCA from any and all claims, demands, or causes of action, that are in any way connected with my participation in this activity or my use of DCA’s equipment or facilities, including any such claims which allege negligent acts or omissions of DCA.

3.   Should DCA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs, moreover, understand any and all costs incurred to enforce this agreement will be the sole responsibility of the signer of this agreement. 

4.   I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

5. If a claim is being made against DCA, then both parties agree to mediation before any legal action can be taken against DCA. If a lawsuit is filed against DCA, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.     

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DCA based on any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at DCA. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

 

DUCK CREEK RZR RENTAL REGULATIONS

 

READ THIS CAREFULLY BY SIGNING YOU AGREE THAT YOU HAVE READ AND UNDERSTAND, AGREE, AND WILL ADHERE TO EACH RULE

 

ADDITIONAL CHARGES WILL APPLY IF;

The equipment or machines are not brought back with a full tank of gas.

Damage is caused to any rented machine.

Returning the rental(s) after the designated time without prior approval from Duck Creek RZR Rentals. 

YOU WILL BE LIABLE FOR UP TO THE FULL MANUFACTURER'S SUGGESTED RETAIL PRICE (MSRP) OF EACH RESPECTIVE MACHINE FOR ANY OF THE FOLLOWING 

1. TOTAL LOSS - If your ACTIONS OR NEGLECT cause the machine to be damaged in such a way it exceeds its replacement value, (TOTALED) you will be responsible for the full MSRP of the unit.

2. ROLLOVER - If you put a machine on its side, roll it over, or hit a tree, whether it is accidental or reckless, you will be responsible for the full MSRP of the unit.

3. GRAND THEFT - If you do not return the rental within 24 hours of the designated return time, the machine will be reported stolen and you will be subject to the full cost of the replacement of the machine and may be prosecuted to the fullest extent of the law. If recovered and or returned after the reported loss and you have been charged, there are no refunds or reversals of claims with the insurance company(s).

4. CAKE & BAKE - When driving in wet conditions and deep puddles, mud can build up on the radiator, and other parts of the engine overheat and seize. Axels and transmissions can be ruined, and filling up the chassis/floorboards is unacceptable. If this happens, you are responsible for the full MSRP of the unit.

NO WARRANTY

NO INSURANCE PROVIDED 

THIS IS AN INHERENTLY DANGEROUS ACTIVITY

 

DUCK CREEK RZR RENTALS INC 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 vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by DUCK CREEK RZR RENTALS INC in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTVs/Snowmobiles in the trail system and mountains of the Dixie National Forest of Utah with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or yourself. DUCK CREEK RZR RENTALS INC (DCA) strongly urges any renter and other riders to have medical insurance prior to engaging in this activity.

DUCK CREEK RZR RENTALS INC (DCA) does not provide medical insurance and advises that serious injuries can be financially devastating.

The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release DUCK CREEK RZR RENTALS INC (DCA) of any duty legally owed to me in relation to the conduct of this activity.

 

TERMS AND CONDITIONS

 

 

READ THIS CAREFULLY AND INITIAL THAT YOU HAVE READ AND UNDERSTAND EACH RULE

RULES OF OPERATION:

I agree to follow and be bound by the General ATV/UTV/OHV/Snowmobile Operation Rules that are made available to me and are made a part of this agreement.

All drivers must be 25 years of age or older with a valid driver's license.

LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate or ride in or on the rented ATV/UTV(s), and/or other vehicles (s), or equipment, Riders under the age of 18 years must provide DUCK CREEK RZR RENTALS INC with written consent from a parent or legal guardian. Should any undersigned person, any minor child under my control, or any other person with the 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/UTV/Snowmobile, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a Security Deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any ATV/UTV/Snowmobile or other vehicle covered by this agreement damaged by myself or other riders, at the total. 

I hereby authorize DUCK CREEK RZR RENTALS INC 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.

ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV/UTV/Snowmobile or other equipment obtained from DUCK CREEK RZR RENTALS INC (DCA), for the death or injury to any person or others private or public property and for all other risks and liabilities arising from the use, condition, and possession of the above-identified ATV/UTV/Snowmobile or any other ATV/UTV/Snowmobile and/or equipment received or obtained from DUCK CREEK RZR RENTALS INC (DCA). 

WAIVER AND RELEASE OF CLAIMS. 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 DUCK CREEK RZR RENTALS INC (DCA), its shareholders, directors, officers, employees, agents, equipment owners, 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, in any manner that may arise from or relate to the rental, use and/or operation, condition or possession of the above referenced ATV/UTV/Snowmobile and any other ATV/UTV/Snowmobile or other equipment received and/or obtained from DUCK CREEK RZR RENTALS INC(DCA). 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 she voluntarily assumes that risk as part of this agreement. 

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 DUCK CREEK RZR RENTALS INC (DCA)or any shareholder, director, officer, employee, agent, equipment owners, successor or assign thereof, or in any manner assert any further claim or demand against DUCK CREEK RZR RENTALS INC (DCA) and its shareholders, directors, officers, employee’s, agents, equipment owners, successors, and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV/UTV/Snowmobiles.


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT
I, the undersigned, have been fully warned and advised by Duck Creek Adventure (hereinafter collectively referred to as "DCA"), that I should wear goggles and a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around snowmobiles(whether on the premises or off of the DCA's premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers' requirements and putting myself at an increased risk for injuries, and against the advice of DCA and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning. I choose not to wear a helmet.
I understand the risk and would like to rent a helmet for $5
Other precautions to be aware of!
Goggles are HIGHLY RECOMMENDED. When riding your eyes are exposed to the elements of snow, rocks, sticks, dirt, mosquitos, rain, hail, and other elements.*
I understand the risk and do not wish to protect my eyes.
I understand the risk and would like to rent goggles for $10.
ATV, UTV, Side X Side: Inclement weather, snow on ground.
I accept that if I or any member of my party takes an ATV, UTV, Snowmobile, or Side X Side into mud, water, or trails that are not maintained for riding that I will forfeit my rental with no refund. Furthermore, I understand that in such a situation or if any machine I have rented needs recovery services I will pay an initial fee of $150 for the recovery service and $100 for each additional hour after the initial one (1) recovery time frame. Time starts upon staff departure from the DCA property. After close of business 6 PM winter, 9PM summer through open DCA may not be available for recovery assistance. In the event of After Hours Recovery or Assistance other than mechanical breakdown there will be a $500 for the first hour which starts upon notification and $200 for each hour billed in whole hour increments, time stops upon return to the DCA business locations. *
I understand and accept these conditions
Security Deposit / Insurance
Security Deposit: Each UTV/ATV/Side X Side and Snowmobile is required to have $1000.00 Security deposit on a credit card. Upon returning, if there is no damage the security deposit is released no longer than 7 days. This Security Deposits are only an authorization hold on the card, not an actual charge. I understand that if damage caused that I authorize Duck Creek RZR Rentals Inc. Known as Duck Creek Adventures to charge an amount up to the estimated parts, labor, and anticipated down time. I agree to carry personal insurance on each driver that claim could be made with driver's insurance company due to any damages to equipment or machines. I agree to provide DCA with a copy of insurance. *
I understand
Tracked Machines
Tracked Vehicles: Tracked vehicles do not offer wheel and tire protection. I am responsible for the full replacement of a set of Four (4) tracks if one (1) track or the component parts to include the tread, rollers, or any part, piece, or component is damaged. I will also be responsible for any down time up to 14 days at the full day rental rate for the machine that is down This applies even if waiting for parts to arrive. *
I understand
Wheeled Machines Snow on Ground
I agree that When Snow is present on trails or the vicinity of the area I will remain only on Subdivision Roads. I understand that it is prohibited to ride on UTV/ATV only Trails during inclement weather. I understand and agree that if the wheeled machine gets stuck on a trail or on any surface that is not a subdivision road that their will be a $500 recovery fee per hour, this starts at the time an employee leaves the worksite and ends when the employee returns to the worksite. *
I agree
Insurance

Insurance Carrier*

Insurance Policy Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Electronic Signature Consent Age
I attest that I am 25 years of age or older, with the mental capacity to understand and agree with the contents of this agreement.*
No
Yes
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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