I have watched the safety video:
Lessor: Jacs Powersports Group, LLC; DBA: Leavenworth Snowmobile Rental
1. Helmets must be worn at all times.
2. Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.
3. Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to, falling, slipping, flipping, rolling, crashing and colliding.
4. Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries including death, loss, damages or claims that result from any cause whatsoever including failure of Lessor to safeguard or protect me from risk; including any injuries, loss, claims or damages asserted by Lessee’s guests or third parties.
5. Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor including all laws of the State of Washington.
6. Lessee understands that the Leased Equipment is rented “as is” and with no warranties, express or implied. Lessee accepts full responsibility for the care of the Leased Equipment during the rental period. Lessee aggress to pay for any damage that occurs to the Leased Equipment regardless of the circumstances under which such damage may occur. Lessee agrees to pay for any lost rental income for the period of time the Leased Equipment is out of services due to damage for which Lessee is responsible. Lessee agrees to pay all costs, including reasonable attorney’s fees, incurred to enforce any terms of this Contract.
7. Lessee acknowledges and represents that it has adequate liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.
8. Lessee acknowledges that the Leased Equipment shall not be operated by anyone not named on this Contract, by anyone whose riding ability is impaired by alcohol, drugs, fatigue or medications, or to tow or push any vehicle or person.
9. In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the State of Washington, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
10. Lessee acknowledges that he/she has read the document titled “Participant Agreement, Release and Assumption of Risk” (“Release Agreement”), which releases LSR from all liability whatsoever, and voluntarily agrees to all of the terms of that Release Agreement.
11. Lessee acknowledges that sufficient time and opportunity were provided to read this entire Contract, and understands its content and is executing it freely and without duress and agrees to be bound by its terms.
RENTAL CONTRACT TERMS AND CONDITIONS
The lessor hereby rents to the Lessee, identified by his/her signature, the rental equipment described, subject to all of the terms and conditions of this contract. In consideration thereof, the Lessee acknowledges and agrees to follow:
1 INSPECTION. The lessee acknowledges having personally inspected the rental equipment prior to use, and finds it suitable for his/her needs and in good condition, that he/she understands its proper use and agrees to notify the Lessor of any defects. Lessee agrees to use the equipment only in accordance with the manufacturer’s instructions inwith in rated capacity.
2 MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor immediately. Lessor will replace the equipment with similar equipment in good working order, if available.
3 WARRANTIES. There are no warranties of merchantability or fitness, either express or implied. There is no warrantee that the equipment is suited for the lessee’s intended use or that it is free from defects. The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer.
4 HOLD HARMLESS AGREEMENT. Lessee agrees to defend, indemnify, and hold harmless the Lessor, its subsidiaries, officers, agents, and employees, from and against all loss, liability, claim, actions, or expenses, including reasonable attorney fees, by reason of bodily injury, including death, and property damage, sustained by any person or persons as a result of the use, possession, operation, or transportation of the equipment, or Lessee’s failure to comply with the terms of this Agreement.
5 ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT. The lessee may not sublease or loan the equipment without the Lessor’s written permission.
6 TIME AND RETURN AND LESSOR’S REMEDIES. The Lessee’s right to possession terminates on expiration of the rental period and retention of possession after this time constitutes a material breach of the contract. The Lessor, in their own discretion, may report as stolen all personal property not returned at the time required per the stated terms of this contract or if conditions and circumstances indicate theft prior to that time.
7 DAMAGE OR LOST EQUIPMENT. The lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cost, except reasonable wear and tear, while equipment is out of the possession of lessor. Equipment damage beyond repair will be paid for Lessee at its replacement cost, including down time and transportation costs, when rented. The Lessee is obligated to submit a copy of policy report to the Lessor regarding all losses which occur by theft or mysterious disappearance.
8 COLLECTION COSTS. The lessee agrees to pay all reasonable collection costs, attorney fees and expenses, and other expenses involved in the collection of the charges or enforcement of Lessor’s rights under this contract.
9 ACCIDENT NOTIFICATION. The lessee will immediately notify the Lessor in the event of any accident.
10 PROHIBITED USES. Use of the equipment under the following circumstances is prohibited and constitutes a breach of this Agreement:
a) Use for an illegal purpose or use in an illegal manner.
b) Use when the property is in bad repair or is unsafe.
c) Improper or unintended use or misuse, abuse or improper handling of the equipment.
d) Use by another other than the Lessee, without the Lessor’s written permission.
e) Overloading, exceeding rated capacity, misuse, abuse, or improper handling of the equipment.
f) Use of the equipment in any race, test, or contest.
g) Reckless, n negligent, or abusive use, or use by Lessee (or with Lessee’s permission) which intentionally damages the equipment.
h) Use of the equipment in any fashion or manner for which it was not designated or which is beyond the manufacturer’s rated capacity of the equipment.
USE OF THE EQUIPMENT IN ANY OF THE FOREGOING WAYS WILL RESULT IN A BREACH OF AGREEMENT.
11 LESSEE’S COMPLIANCE WITH LAW. Lessee will, at its own expense, comply with all federal, state, and local laws and regulations affecting the equipment and its use and operation.
12 ATTORNEY FEES. In the event of any act to enforce this Agreement or to seek a declaration of rights or responsibilities hereunder, the prevailing party will be entitled to attorney fees and costs in addition to all other costs and expenses allowed by law.
13 MERGER/MODIFICATION/SEVERABILITY. This Agreement expresses the entire agreement between the parties with respect to the subject matter hereof. No change, modification or alteration of the terms hereof will be effective as against Lessor unless the same is in writing and signed by a duly authorized representative of Lessor. Lessee’s execution of this Agreement and /or acceptance of delivery of any part of the equipment to be furnished hereunder shall constitute Lessee’s acceptance of all of the terms and conditions contained herein, and the exclusion of any terms and conditions otherwise stated by Lessee or contained in any of Lessee’s documents that conflict with or limit in any way any of the terms and conditions contained herein. This Agreement shall be governed and construed in all respects by the laws of the State of Washington. Lessee consents to the exclusive forums for resolution of any disputed issues regarding the Agreement, or any claims for loss or damages arising there from. If any provision or any part of this Agreement or the application thereof is hereafter held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and to this and the provision of this Agreement and declared severable.
Code of Ethics
Code of Ethics
Maximize your winter enjoyment by following this Winter Recreation Code of Ethics:
- I will respect all public and private property and the rights of all winter recreationists to enjoy the beauty.
- I will park considerately without blocking other vehicles or impeding access to trails.
- I will keep to the right when meeting other winter recreationists and yield the right of way to downhill traffic.
- I will slow down and use caution when approaching or overtaking another.
- I will respect designated areas, trail use signs, and established ski tracks.
- When stopping, I will not block the trail.
- I will not disturb wildlife and will avoid areas posted for its protection or feeding.
- I will not litter and I will pack out everything I packed in.
- I realize that my destination and travel speed are determined by my equipment, ability, terrain, weather and traffic on the trail. In case of an emergency, I will volunteer assistance.
- I will not interfere with or harass others, recognizing that people judge all skiers or snowmobilers by my actions.
For information on groomed trail conditions, click on the Snowmobile Sno-Park Locations link on this page. Seasonal trail grooming information is listed below each Sno-Park location.
Trail grooming is necessary to:
- Smooth out rough spots
- Remove drifts
- Disperse snowmobilers to less-used areas
- Focus use on narrow corridors through wildlife areas
- Avoid tree plantation areas
- Separate potentially conflicting uses
- Prevent use of snowmobiles on areas of inadequate snow cover and steep slopes
Once a trail is groomed, it needs time to set up or harden. This takes from three to 18 hours depending on air temperature. When a snowmobile follows the groomer or travels on a recently groomed trail, it usually destroys the ability of the snow to set up. The trail then quickly reverts to its prior ungroomed condition, resulting in a waste of users' Snowmobile Program money. Please don’t follow groomer on trails.
- Ride at a reasonable and prudent speed relative to existing conditions and other trail uses.
- Use the buddy system for safety. Never snowmobile alone! In case of an accident or machine failure, that second machine and rider may be your only means for a safe return. Before you go, notify someone of where you are headed and when you expect to be back.
- Do not ride under the influence of alcohol or drugs.
- Do not ride in a manner that would endanger lives or property.
- Use your lights between dusk and dawn.
- Do not harass or endanger wildlife. Protect winter wildlife populations by viewing animals from a distance, maintaining a constant speed and staying on your snowmobile when animals are present.
- Obtain permission from landowners before entering private property.
- Respect non-motorized sports trails marked with cross-country ski signs or blue diamonds. Snowmobile traffic ruins cross-country ski tracks.
- Do not enter designated Wilderness Areas.
I have read and understand these guidelines.
Today's Date: April 12, 2021
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Jacs Powersports Group, LLC, their agents, owners, officers, volunteers, employees, and all
other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "JPG"), I hereby agree to release,
indemnify, and discharge JPG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and
estate as follows:
1. 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, JPG 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 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 JPG 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 JPG’s equipment or facilities, including any such claims which allege negligent acts or omissions of JPG.
4. Should JPG 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 JPG, I agree to do so solely in the state of Washington, 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 JPG 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 JPG. 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. April 12, 2021
PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT
I, for have been fully warned and advised by JPG (hereinafter collectively referred to as “JPG"), that we
should purchase and/or wear a properly fitted and secured DOT or SNELL certified helmet while
riding or being around ATV’s (whether on the premises of JPG or off the premises) in order to reduce
the severity of some of our head injuries and to possibly prevent my/our death from happening as
the result of a fall(s) or any other occurrence associated with this activity. We realize that we are subject
to injury from this activity and that no form of preplanning can remove all of the danger to which we
are exposing ourselves. Against the advice of JPG, the guide/instructor, numerous court cases and
JPG's insurance company, we are refusing this critical safety precaution. I also understand that minors
are not allowed to refuse protective headgear and I cannot sign in their behalf to waive the
SIGNER STATEMENT OF AWARENESS
I/we the undersigned, have read the foregoing statement carefully before signing and do April 12, 2021
understand its warnings and assumption of risks.