EVERY ADULT MUST COMPLETE AND SIGN THEIR OWN AGREEMENT. Please read this document carefully. It must be signed by an adult (18 years of age and older). If a participant is a minor (under 18 years of age), his or her parent or court appointed, legal guardian (each referred to in the Agreement as “Parent”) must sign for himself or herself and on behalf of the minor. By executing this agreement on behalf of a minor child, I represent that I am the parent or legal guardian of the minor child and I understand SDS is relying on that representation. In consideration of SDS activities, I adult guest or parent for myself and on behalf of the minor guest acknowledge and agree as follows:
A. DEFINITIONS: "Agreement" means all terms and conditions found in this form. “SDS” means and refers to Sunnyday Scoot LLC from here on out within this Agreement. “Scoot” or “vehicle” means the motorcycle/scooter/ATV/scootcoupe/vehicle referred to in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “I”, “you”, “your”, “participant” “guest”, “me”, or “my” means the person identified as the participant on this form, the renter, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "I", “you”, “your”, “participant”, “me”, or “my” are jointly and severally bound by this Agreement. "We", "our", or "us" means SDS. "Authorized Driver" means the renter 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 21 years of age. “Activities/Activity/Tour/Ride” means any and all SDS tours, rides, functions, events, to include anything involving SDS. "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 this rental, 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 80% of the daily rental rate, 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.
B. REQUIREMENTS: I understand that wearing a helmet is mandatory. The choice of wearing other protective gear is solely my own. I acknowledge that SDS has provided me a helmet. I have chosen and am solely responsible for the size of the helmet that I picked. Once provided, I will be solely responsible for properly securing the helmet/helmet strap on the participants head at all times, even if SDS helps me, demonstrates, or shows me how to wear/secure the helmet or straps. I am not relying on SDS or its associates to check any helmet/helmet strap or size that I may wear or to monitor my compliance with this requirement at any time now or in the future. I am aware that SDS strongly recommends sunglasses or eyewear. I am solely responsible for my compliance with all state laws. I agree to abide by all traffic laws. I agree to follow the rules for the Activity provided to me, applicable laws and to follow directions given to me by SDS and its agents and assigns.
C. PROHIBITED USES: The following uses of the Scoot are prohibited and constitute breaches of this Agreement. The Scoot shall not be used by anyone other than you. I will not operate the Scoot: (a) while under the influence of any narcotic, drug or alcohol; (b) if you obtained the Scoot 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, including engaging in a race; (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 US, Canada or the geographic area indicated elsewhere in this Agreement; (h) on unpaved surfaces; (i) when the Scoot's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Scoot; (j) to tow or push anything, (k) while on the phone, sending/reading an electronic message, taking pictures, or otherwise being distracted while operating the Scoot or, (l) after an accident with the Scoot unless and until you summon the police to the accident scene and/or speak with an SDS representative. Authorized Driver is responsible for their driving and any reckless driving may lead to the exclusion of the activity. If Authorized Driver is pulled over by the police, SDS reserves the right to continue the activity without them at the guides discretion and Authorized Person will be responsible for their own transportation, the transportation of their passengers, and any towing, storage, and release fees that may be incurred as a result. Authorized Driver will be responsible for any fine due to their driving infraction. SDS shall have no obligation to refund or discount Authorized Driver or any passenger for any time or benefit lost as a result of the Authorized Driver being pulled over. SDS shall have the right to stop the activity at any point if they, or their agents, in their discretion, determine that the Authorized Driver is operating the Scoot in an unsafe or reckless manner such as but not limited to speeding, ignoring traffic signals, swerving, etc. If this occurs, SDS shall have no obligation to refund or discount Authorized Driver or any passenger for any time or benefit lost as a result and SDS reserves the right to continue the activity without them at the guides discretion Authorized Person will be responsible for their own transportation and the transportation of their passengers.
D. DEFINITION OF THE INHERENT RISK: I understand that the Activity is inherently hazardous, and I may be exposed to dangers and hazards, including but not limited to some of the following: falls, scrapes, bruises, burns, stings, sprains, neurological damage, shock, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, injuries from collisions, death, equipment failures, and negligence of others; as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and/or my property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be limited, delayed or unavailable during portions of the Activity; and SDS assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care that I incur. Circumstances may cause emotional upset, including hurt feelings, panic, or other psychological trauma. You agree and understand that it is your responsibility to exercise care to protect yourself, if you are pregnant, have back issues, or other health issues, you will consult with your doctor before participating in the Activity. RISK OF EXPOSURE: The Corocavirus (COVID-19) pandemic is a worldwide risk to human health. Covid-19 is highly contagious and has a mortality rate many times greater than the flu. Covid-19 can spread easily and exponentially. You agree and understand that it is your responsibility to exercise care to protect yourself, such as assessing your own risks, which may include age, underlying health conditions, recent travel, possible exposure to Covid-19, doctor’s recommendations, local, state, and Federal recommendations. By signing, you are declaring the foregoing is true, that you agree to take all the recommended and reasonable actions to protect yourself and others from exposure to Covid-19, and that you assume the risk as applicable, of participating in all SDS activities. You understand that no one, including but not limited to your guides and management/owners, can guarantee that you will not be exposed to or contract Covid-19. Other risks will be encountered and injuries may occur in spite of efforts taken by SDS to prevent them. The risks described above, and others, are inherent during SDS activities and cannot be eliminated without changing the nature of the activities and the value/appeal of the activities.
E. ASSUMPTION OF THE RISK
I hereby freely assume the above-mentioned risks as well as ALL other risks not listed, inherent or otherwise, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of SDS, its employees, agents and officers, its contractors, and other Activity participants. I also understand that any equipment (including helmets) or Scoot that I may borrow or rent from SDS I use at my own risk and that any such equipment or Scoot is provided without any warranty about its condition or suitability. I am knowingly and willingly choosing to participate in the activity. If the guest is a minor, I, Parent, have discussed the activities with him or her, and the minor child understands them and wishes to participate in the activity nevertheless, and I consent to such participation.
F. RELEASE OF LIABILITY AND CONSENT TO MEDICAL TREATMENT: I hereby RELEASE SDS, its employees, agents, officers, and contractors, FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the SDS or its assigns and claims for strict liability for abnormally dangerous activities. I hereby release, waive, and discharge the right to seek medical reimbursement or the legal prosecution of SDS for any physical injury and/or death resulting from the use of the Scoot and any equipment provided by SDS. I agree that I am responsible for all damage or loss which I cause to myself or others.
I agree that I am fully responsible for any person(s) who, with or without my consent, sit on, stand, ride or drive this Scoot and I hereby indemnify SDS for any legal prosecution from physical injury resulting to myself or someone else or property damage from the Scoot and/or items provided by SDS. It is my express intent that this Agreement shall bind my family if I am alive and my heirs, assigns and personal representative or anyone acting on behalf of me if I am deceased. It shall be deemed as a release, waiver, discharge, and covenant not to sue SDS, independent contractors, officers, owners, agents, employees, and/or affiliates. In the event any part of this agreement is deemed unenforceable, the other portions will remain enforceable. I understand that this agreement is in force and covers any and all SDS activities. I hereby authorize SDS, its agents, operators, guides, employees, managers, owners, first aid responders and otherwise to administer directly or indirectly first aid and other emergency medical treatment to me or the minor guest regardless of medical training for any injury or illness that occurs during but not limited to my SDS activity. I hereby release and hold harmless, SDS, any of its organizers, operators, guides, employees and members, for any injury to my person that I may suffer or that the minor guest may suffer, including crippling injury or death, injury to my passenger while participating in SDS activities, against any and all claims for damages due to negligence or carelessness, causes of action, or any other liability of any kind arising from my activity of driving or riding a Scoot and/or participating in SDS activities. I agree to be responsible for all costs related to care for me or the minor child.
G. YOUR PROPERTY: You release us, our agents and employees 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 Scoot or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
H. INSURANCE: You are responsible for all damage or loss you cause to others, our vehicles, or our equipment. You agree to provide and have adequate liability, collision and comprehensive insurance covering you, us, and the Scoot. Your insurance is primary to any insurance that we may provide. Some insurance companies / policies may not cover three wheel vehicles. By signing this agreement, you acknowledge that you have chekced with your insurance company. In the event that your insurance provider refuses coverage for any damage or loss whatsoever to others, our vehicles, or our equipment then you acknowledge that you are personally financially responsible for all costs associated with the damage or loss. 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. I represent that I have automobile, bodily injury, and property damage liability coverage and personal injury protection coverages for at least the minimum limits of coverage required under the vehicle financial responsibility laws of California under California Insurance Code § 11580.1(b) and insurance providing primary coverage for uninsured/underinsured coverage as required, and comprehensive and collision damage coverage which extends to SDS, any passengers and myself.
You agree that you are solely responsible for all damage to, or loss of, the Vehicle caused by casualty or collision, whether or not such damage or loss is your fault. To the extent permissible by law, your responsibility shall include: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if it is determined that the Scoot is a total loss, the total loss value of the Scoot calculated in accordance with California Civil Code § 1939.07, as amended from time to time, less salvage; (ii) if it is determined that the Scoot is repairable, the actual cost of repair that SDS incurs to repair the Scoot or that SDS would incur if it chose to repair the Vehicle, all as calculated pursuant to California Civil Code §§1939.03, 1939.05, and 1939.07, as applicable, and as may be amended from time to time; (b) an administrative fee calculated pursuant to California Civil Code §§1939.03 and 1939.05, as amended from time to time; (c) SDS’ actual charges for towing, storage, and impound; and (d) all costs associated with enforcement of agreements or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. Participant agrees that they are responsible for: (i) loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if Participant fails to exercise ordinary care while in possession of the Vehicle, (ii) damage due to your use of the Vehicle up to a maximum of $500, and (iii) replacing missing Vehicle documents and keys. You understand that you must report any Scoot accident or incidents of theft and vandalism to SDS, and, if necessary, the police as soon as safely practicable upon discovery.
I. RENTAL, INDEMNITY and WARRANTIES: This is a contract for the rental of the Scoot. We may repossess the Scoot at your expense without notice to you, if the Scoot is abandoned or used in violation of the law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Scoot. I understand that the Scoot and all items provided by SDS is offered “AS IS” and “with all faults”. We make no warranties, express, implied or apparent, regarding the Scoot, no warranty of merchantability and no warranty that the Scoot is fit for a particular purpose. No other warranty of any kind is being offered to me. I will be riding on but not limited to public highways, surface streets, park streets, and back roads and am solely responsible to follow the law at all times and to determine the speed and operational characteristics of my Scoot while participating in any SDS activities.
J. RESPONSIBILITY for VEHICLE DAMAGE or LOSS; Reporting to Police: Except for ordinary wear, you are responsible for: (a) physical and mechanical damage to the Scoot resulting from collision, regardless of the cause of the damage; (i) if it is determined that the Scoot is a total loss, the total loss value of the Scoot calculated in accordance with California Civil Code § 1939.07, as amended from time to time, less salvage; (ii) if it is determined that the Scoot is repairable, the actual cost of repair that SDS incurs to repair the Scoot or that SDS would incur if it chose to repair the Vehicle, all as calculated pursuant to California Civil Code §§1939.03, 1939.05, and 1939.07, as applicable, and as may be amended from time to time; (b) loss due to theft of the Scoot up to its fair market value, provided that you failed to exercise ordinary care while in possession of the Scoot; (c) physical damage to the Scoot up to its fair market value, as determined in the customary market for the sale of the Scoot, resulting from vandalism occurring after, or in connection with, theft of the Scoot, provided that you have responsibility for theft of the Scoot; (d) physical damage to the Scoot resulting from vandalism unrelated to a theft of the Scoot; (e) actual charges for towing, storage and impound fees paid by us if you are liable for damage or loss; (f) an administrative charge that includes the cost of appraisal and all other costs and expenses incident to the damage, loss, repair, or replacement of the Scoot; (g) a reasonable fee for any damage to the scoot or equipment that occurred during the rental; and, (h) all costs associated with enforcement of agreements or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents, theft and vandalism to us and the police as soon as you discover them.
K. CHARGES: You will pay us, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Scoot, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) optional products and services you purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d) applicable taxes; (e) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Scoot assessed against us or the Scoot; 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; (f) all expenses we incur in locating and recovering the Scoot if you fail to return it or if we elect to repossess the Scoot under the terms of this Agreement; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (h) 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; (j) a reasonable fee not to exceed $500 for any minor damage to the Scoot or equipment that occurred during the rental (These authorized costs include: Windshield $224, Side Mirror $233, Handle Bar Cover $198, Seat Bottom $215, Seat Back $146, RH Control Switch $305, Tire $191, Front Rim $248, Rear Rim $222, Helmet $97); and (k) a reasonable fee not to exceed $150 to clean the Scoot if returned substantially less clean than when rented.
L. FORM of PAYMENT: We may use your form of payment, including but not limited to your credit card on file, to pay any amounts owed to us under this Agreement for anyone that has participated in the same reservation/booking as you.
M. EMAIL / MEDIA RELEASE: I grant to SDS the right to use, reproduce, display, distribute and make derivative works, in any and all media, use of my name, my voice, image, video, my original works and or likeness. This includes, but is not limited to any media, images, video, texts, comments, testimonials, posts or otherwise submitted directly to SDS, its employees, or any social media platform. I explicitly grant the right for my name, image and likeness to be used for SDS promotional purposes in any form. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown. I waive any and all rights to royalties or compensation arising from or related to the use. I grant SDS the right to use my phone number and the email address I have provided to contact me and send emails.
N. WEATHER POLICY & FORCE MAJEURE: SDS reserves the right to cancel your reservation for bad weather or in case of force majeure. The definition of bad weather shall be at the sole discretion of SDS, but is generally defined as ice, snow, freezing rain, wind and may include heavy rains. In case of any force majeure event leading to the unavailability of Scoots and/or tours, SDS reserves the right to reschedule. In the event of rescheduling permitted by us, SDS will contact you and reschedule you for another available date in the next two months, if practicable. In the case of event refusal of any of the newly proposed date, your date and experience will be considered terminated. A refund will not be issued due to inclement weather or cases of force majeure. In case of inclement conditions occurring after the event has began, the latter may be temporarily interrupted and moved back later on the same day. In case your tour cannot be fully completed due to lack of time or continuous adverse conditions, you will not be able to claim for the uncompleted portion of your experience. Any delay or timing extension of your experience due to a rain-out or force majeure conditions will not allow for any refund, discount or rebate.
O. BREACH of AGREEMENT: The acts listed in the section “Prohibited Uses”, are prohibited uses of the Scoot and breaches of this Agreement. Not adhering by stipulations listed in the section (H.) INSURANCE is considered a breech 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.
P. MODIFICATIONS: No term of this Agreement can be waived or modified except in writing that an SDS owner has signed. This Agreement constitutes the entire agreement between you and us, no verbal arrangements between you and us exist outside of this agreement. All prior representations and agreements between you and us regarding this rental are void.
Q. ARBITRATION & CHOICE OF LAW
This agreement is governed by and shall be construed in accordance with the laws of the state of California. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County before one arbitrator. The arbitration shall be administered by JAMS. Discovery shall be conducted as though the case were proceeding in California State Court pursuant to California Code of Civil Procedure § 2016, et seq. The Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
R. MISCELLANEOUS: A waiver by SDS 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. SDS’ acceptance of payment from you or SDS’ 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. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Scoot. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. I understand that this waiver and Agreement is in force and covers any and all SDS activities starting immediately. This Agreement applies to the activity now and for future activities, provided that a new agreement may be executed at a later time.
BY SIGNING, I VERIFY ALL OF THE FOLLOWING:
I HAVE READ AND DO UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND I HEREBY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. I AM GIVING UP THE RIGHT TO SUE TODAY OR IN THE FUTURE. I ATTEST THAT ALL THE FACTS ARE TRUE AND ACCURATE. I CERTIFY THAT I AM SIGNING THIS WHILE OF SOUND MIND AND HAVE NO PHYSICAL OR MENTAL IMPAIRMENTS THAT MAY AFFECT MY SAFETY OR THE SAFETY OF THE GROUP. I CERTIFY THAT I AM NOT UNDER THE INFLUENCE OF ANY NARCOTICS, INTOXICATIONS, DRUGS OR ALCOHOL. I HAVE A VALID DRIVERS LICENSE; ADEQUATE LIABILITY, COLLISION, AND COMPREHENSIVE INSURANCE; AND ADEQUATE HEALTH INSURANCE. I FREELY AND VOLUNTARILY ASSUME ALL SUCH RISKS OF LOSS OF ANY KIND INCLUDING BUT NOT LIMITED TO BODILY INJURY AND/OR DEATH AND/OR LOSS OF, OR DAMAGE TO MY PERSONAL PROPERTY. I HAVE PARTICIPATED IN INSTRUCTIONAL TRAINING ON HOW TO OPERATE THE SCOOT. I AM CONFIDENT IN MY ABILITY TO OPERATE THE SCOOT SAFELY. I ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY AND ENOUGH TIME TO READ THIS AGREEMENT BEFORE BEING ASKED TO SIGN. I CAN READ, WRITE, AND UNDERSTAND THE ENGLISH LANGUAGE. I AM ENTERING INTO THIS AGREEMENT VOLUNTARILY.
Date: June 28, 2022