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 Adventure, 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 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 simply 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.
2. 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 in spite of the risks. I agree to wear goggles and a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DCA from any and all claims, demands, or causes of action, which 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.
4. 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.
5. 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.
6. In the event that I file a lawsuit against DCA, I agree to do so solely in the state of Nevada, 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 on the basis of 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 RENTALS REGULATIONS
READ THIS CAREFULLY AND INITIAL THAT YOU HAVE READ AND UNDERSTAND EACH RULE
ADDITIONAL CHARGES WILL APPLY IF;
Damage is caused to any rented machine.
Returning the rental(s) after designated time without prior approval from Duck Creek RZR Rental.
YOU WILL BE LIABLE FOR UP TO THE FULL MANUFACTURER'S SUGGESTED RETAIL PRICE (MSRP) OF
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.
ROLLOVER - If you put a machine on its side, roll it over, or hit a tree, whether its accidental or reckless, you will be responsible for the full MSRP of the unit.
GRAND THEFT - If you do not return the rental within 24 hours of 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(ies).
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 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 strongly urges any renter and other riders to have medical insurance prior to engaging in this activity.
DUCK CREEK RZR RENTALS INC 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 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 Operation Rules that made available to me and are made a part of this agreement.
NOTIFICATION OF UTAH 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.
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 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/UTV, 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 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 or other equipment obtained from DUCK CREEK RZR RENTALS INC , 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 or any other ATV/UTV and/or equipment received or obtained from DUCK CREEK RZR RENTALS INC.
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 , 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 and any other ATV/UTV or other equipment received and/or obtained from DUCK CREEK RZR RENTALS INC . 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 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 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 or any other ATV/ UTV or equipment received and/or obtained from DUCK CREEK RZR RENTALS INC . 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.
IDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to agents, equipment owners, 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/UTV or any other ATV/UTV or other equipment received or obtained from DUCK CREEK RZR RENTALS INC . The undersigned likewise shall indemnify DUCK CREEK RZR RENTALS INC, its shareholders, directors, officers, employees, agents, equipment owners, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
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 Utah.
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 $1,000.00 in expenses incurred.
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 DUCK CREEK RZR RENTALS INC.
PARENTAL CONSENT. I am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above-listed ATV/UTV or any other vehicle or equipment I may obtain from DUCK CREEK RZR RENTALS INC 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.
NOTIFCATION OF UTAH VEHICLE CODE (OVC) REQUIREMENTS Ref: ORS 801.193)
Effective January 1, 2014, all operators of Class I or Class III ATVs must possess an OPRD “ATV Safety Education Card.”
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify DUCK CREEK RZR RENTALS INC 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 renting equipment or my participation in ranting activities. 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 DUCK CREEK RZR RENTALS INC .
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. I accept all of the above terms and conditions, and understand that continued booking will act as a digital signature for all of the above items.
Duck Creek Rzr Rentals
RENTERS MUST READ AND INITIAL OFF EACH ITEM BEFORE A RENTAL IS APPROVED
RENTAL CONDITIONS RECOVERY PROCEDURES AND FEES
In the event you need assistance that is deemed the fault of the renter to include but not limited to reckless operating, failure to follow the law, or failure to follow the operating guidelines given at the time of the rental, after departing from Duck Creek Rentals Property a minimum of $150 will be charged to the renter.
The price is subject to change depending on the renter's severity and negligence to include but not limited to, driving the machine off an embankment into a body of water, etc.
The $150 is for the first hour, an additional $100 per hour will be applied should the recover extend past the first hour.
The renter is responsible as the authorized person for all operators in your contract.
The renter is responsible as an operator for knowing how to start, stop, and operate the rentals of any member of their party.
The renter also understands that in the event that Duck Creek Rentals staff is required to come to start, stop, or operate a machine, this constitutes recovery and the appropriate fees will be assessed.
All drivers must have a valid drivers license or ID.
All drivers must have a credit card on file.
Rental value of the 24 hour rate of the unit per day from the date of damage until the unit is repaired and replaced back into rental service, not to exceed 14 days.