RUNAMUK RIDES’ EQUIPMENT USE & SERVICE AGREEMENT
THIS EQUIPMENT USE & SERVICE AGREEMENT (“Agreement”) is dated the same day as the purchase date stated in the corresponding Booking Confirmation (hereafter referred to as the “Reservation”). It is between the individual(s) listed in the Reservation or in Agreements that are associated with the same booking identification number (“PARTICIPANTS”) on the one hand and Runamuk Rides LLC, a Wisconsin limited liability company (“RUNAMUK”) on the other (collectively referred to as “the Parties”). Any other RUNAMUK Equipment Use & Service Agreements, Booking Confirmations, reports and receipts associated with the same booking identification number (BK#) are incorporated herein.
In consideration of the premises, respective covenants and provisions contained in this Agreement, the Parties agree as follows:
SECTION 1 - MUTUAL UNDERSTANDING. PARTICIPANTS understand and accept that participation in activities involving or using RUNAMUK’S equipment are hazardous. Accidents and injuries, including those with the possibility of permanent disability or death, equipment and financial loss or damage are common and ordinary occurrences. PARTICIPANTS acknowledge that these hazards, accidents and injuries may come from equipment or property malfunctions, a PARTICIPANTS’ own actions, inactions, or negligence, and/or the actions, inactions, or negligence of other PARTICIPANTS, guests, spectators, operators, passengers, third parties, employees, agents, independent contractors or representatives of RUNAMUK.
RUNAMUK has made all reasonable attempts to outline the financial and personal risks associated with purchasing, participating in or using RUNAMUK’s property or services. PARTICIPANTS concede, however, it is impossible to anticipate every possible risk or liability exposure they may encounter due to the inherently unpredictable nature of off-road and on-water activities, weather, environmental conditions, supply chain disruptions, government action, PARTICIPANTS’ personal circumstances, etc.
RUNAMUK strongly recommends all PARTICIPANTS thoroughly read, contemplate and consult with appropriate professional advisors BEFORE making a Reservation, entering into this Agreement, purchasing RUNAMUK's services or using its property. Whether or not PARTICIPANTS avail themselves of this, they agree RUNAMUK has provided sufficient time and opportunity to read, contemplate and consult with professional advisors before entering into this Agreement or taking care and custody of its equipment.
(Indicating you read and understand the preamble and Section 1)
SECTION 2 - SERVICE RENDERED & CONSIDERATION. The customized service package RUNAMUK provides includes the use of its equipment, related accessories, purchased optional items and services. It also includes sourcing, purchasing, preparing, maintaining, planning, financing and allocating resources and property for PARTICIPANTS’ exclusive use (i.e., foregoing other customers) at the Reservation’s stated price and duration. In return, PARTICIPANTS agree to pay RUNAMUK the amount stated in the Reservation and STRICTLY abide by the terms and conditions of this Agreement.
SECTION 3 - CASH TRANSACTION & NO EXTENSION OF CREDIT. PARTICIPANTS concur that the business transactions they entered into were conducted at RUNAMUK'S ordinary place of business; all were cash transactions; RUNAMUK offers no credit of any kind. Payments for rentals, repairs, replacements or incidental charges must be paid in advance or upon demand. Under no circumstances does RUNAMUK extend any consumer credit.
SECTION 4 - USE OF CREDIT OR DEBIT CARDS. PARTICIPANTS warrant they are familiar with the Truth in Lending Act, their card issuers terms and conditions as well as Visa, Master Card, American Express, PayPal and Discover merchant processing rules. They attest all RUNAMUK credit and debit card authorizations and charges arising out of performance of this Agreement were validly obtained; in compliance with their card-issuer and credit card company’s terms, conditions and rules; arose from services PARTICIPANTS purchased, approved, fully expected and received as outlined herein.
PARTICIPANTS irrevocably pledge not to dispute any credit or debit card payments RUNAMUK, assessed, in its sole opinion, due to amounts incurred in performance of this Agreement; to never allow their financial institutions to reverse (i.e., chargeback) any RUNAMUK payments. PARTICIPANTS assure RUNAMUK that their entering into this Agreement serves as irrevocable instructions to their card-issuing financial institution to pay (and not reverse) RUNAMUK charges; these instructions shall supersede any future charge-back or reversal requests. In the event of conflict between this Agreement, card-issuer or credit card rules, PARTICIPANTS irrevocably stipulate this Agreement shall control.
(Indicating you read and understand Sections 2 - 4)
SECTION 5 - ASSUMPTION OF LIABILITY & INDEMNIFICATION. In order to further induce RUNAMUK into entering into this Agreement, PARTICIPANTS jointly (i.e., PARTICIPANTS that share the same booking identification number) and severally agree to assume all risks and liabilities and hold harmless, release, defend, and indemnify RUNAMUK, its staff and its associates, against any and all claims or expenses directly or indirectly related to PARTICIPANTS’ purchase or use of RUNAMUK’S services or property. They further attest to jointly and severally reimburse RUNAMUK for all losses (including attorneys’ fees and costs), RUNAMUK, in its sole opinion, determined resulted from any claim brought by any persons or entities arising out of, or relating to, their purchase of, or participation in, RUNAMUK’S services or equipment use.
(Indicating you read and understand the preamble and Section 5)
SECTION 6 - CANCELLATION POLICY: PARTICIPANTS concur that through their purchase of RUNAMUK’S services at the price indication, they induced RUNAMUK to exclusively set-aside its property and resources for PARTICIPANTS exclusive enjoyment. This request necessarily required RUNAMUK to forego selling the allocated resources to others. Cancellations prior to 14 calendar days of the start of the rental receive a full refund, less a $75 per reservation Cancellation Fee. Cancellations made 14 days or less, shall receive a fifty percent (50%) refund and forfeit any remaining balance. All cancellation requests must be emailed to firstname.lastname@example.org by 5:00 pm on the 14th day and RUNAMUK must acknowledge the cancellation request via reply confirmation email. (Indicating you read and understand Section 6)
SECTION 7 - CARE AND CUSTODY OF EQUIPMENT. PARTICIPANTS (i.e., those sharing the same BK#) certify to individually and jointly assume care and custody of RUNAMUK’S equipment from the earlier of when RUNAMUK has completed and signed its pre-rental inspection form or when PARTICIPANTS use or take possession of RUNAMUK’s equipment. Care and custody does not, under any circumstances, revert back to RUNAMUK until an authorized RUNAMUK staff member and PARTICIPANTS signs a return equipment form. PARTICIPANTS give RUNAMUK power of attorney, as their authorized agent, to countersign any receipt forms when PARTICIPANTS are reasonably unavailable to sign in person (i.e., deliveries prior to PARTICIPANTS arrival, after hours returns, etc). Under all circumstances, PARTICIPANTS use of RUNAMUK’S resources (services, equipment) that care and custody has transferred to them.
SECTION 8 - NO INSURANCE COVERAGE. RUNAMUK does not offer, nor in any way provide, PARTICIPANTS with insurance coverage or damage protection of any kind. PARTICIPANTS should speak to an authorized insurance agent concerning their coverage needs. RUNAMUK advises PARTICIPANTS not to assume their current insurance policies provide coverage while engaged in activities associated with the use of powersports or marine equipment. If PARTICIPANTS are unwilling or unable to assume any possible financial risks they should not purchase or use RUNAMUK’S equipment or services.
Any relationship between PARTICIPANTS and their insurance companies does not create a relationship between the insurance company and RUNAMUK. See the remedies Section 15: given that time is of the essence and rental charges continue to incur in the event equipment is lost or damaged, PARTICIPANTS oblige themselves to immediately pay RUNAMUK for all charges due regardless of their insurance coverage or claims processing situation.
(Indicating you read and understand Sections 7 & 8)
SECTION 9 - SECURITY DEPOSITS. PARTICIPANTS agree to provide, prior to the start of the purchased activity, a security deposit in the amount stated in RUNAMUK Reservation. Absent any stated amount the Security Deposit shall be one-thousand five-hundred dollars ($1500) per piece of rented equipment. Security deposits shall be paid using a credit or debit card. Cash or check are not acceptable. PARTICIPANTS approve RUNAMUK’s application (use) of any security deposit amounts against any unpaid charges PARTICIPANTS may incur (see Section 5).
SECTION 10 - EQUIPMENT RECEIPT & INSPECTION. PARTICIPANTS promise to thoroughly inspect and sufficiently test any RUNAMUK equipment before assuming care and custody of it. PARTICIPANTS represent and warrant, they are competent and will take sufficient time to properly inspect assigned RUNAMUK equipment and will return the equipment in the exact condition they received it, except for ordinary wear and tear. PARTICIPANTS further pledge that they will refuse to use or accept care and custody of any equipment that is defective, contains pre-existing damage, is modified with non OEM equipment, or not appropriate for use. Use of equipment is acknowledgement that PARTICIPANTS received it free of any substantive defect, pre-existing damage, and in good working condition.
SECTION 11 - STANDARDS OF USE OF EQUIPMENT. PARTICIPANTS warrant they (a) are knowledgeable on how to operate RUNAMUK’s equipment in a manner that avoids abuse, excessive wear and tear or that could cause equipment damage; (b) will only operate the equipment in a manner and under conditions that avoid equipment abuse and damage; (c) will rely solely upon their own knowledge and judgment when operating RUNAMUK equipment; (d) will refuse to accept or otherwise operate any RUNAMUK equipment they have not inspected, lack sufficient knowledge about or are uncomfortable inspecting or operating.
They also assure RUNAMUK they will (a) only also assume care and custody of equipment they are comfortable and skilled with inspecting, (b) operate equipment at appropriate and safe speeds and in compliance with all applicable laws; (c) maintain complete control of equipment at all times; (d) operate only on designated trails or waterways; (e) only use equipment they are skilled and permitted to use; (f) review and comply with all manufacturer’s operating instructions and government regulations; (g) allow RUNAMUK free-of-charge use of any media (pictures, videos, etc.) containing their likenesses; (h) properly maintain and fuel equipment; and (i) not operate equipment under the influence of drugs or alcohol.
RUNAMUK will attempt to answer PARTICIPANTS’ questions regarding particular equipment features but it - in no way - provides or offers any inspection or operating instructions. In instances where RUNAMUK must, at its sole discretion or at PARTICIPANTS’ request, make on-site service calls to provide assistance for what RUNAMUK deems are violations of the Standards of Use it shall assess a five-hundred dollar ($500) service call in addition to any other remedies stated herein. Examples include, but are not limited to, jump starting a dead battery because PARTICIPANTS left accessories on too long; re-reviewing key equipment features such as kill switch operation; locating and recovering lost or stranded PARTICIPANTS; recovering overheated machines, etc. This charge shall not apply when, in RUNAMUK’s sole opinion, the service call resulted from such things as mechanical issues unrelated to PARTICIPANTS violation of the Standards of Use.
(Indicating you read and understand Sections 9 - 11)
SECTION 12 - RETURN OF EQUIPMENT. PARTICIPANTS give their word they will return all assigned equipment (refueled, when applicable and if they did not purchase any prepaid fuel options) no later than the return time specified on the Reservation. (If RUNAMUK is providing delivery and pickup service, the return location and time is the mutually agreed upon rendezvous spot and time). Late returns are subject to a late return fee of $50 per hour or fraction of an hour. Equipment not returned, in RUNAMUK’s sole opinion, fully refueled will be charged a $50 per unit fueling charge, plus RUNAMUK's retail fuel costs.
Upon return (or when RUNAMUK arrives to pick up its equipment) PARTICIPANTS must report to an authorized RUNAMUK counter staff member and surrender equipment keys. The staff member will, in turn, sign-in the equipment as being returned. At that point care and custody is transferred back to RUNAMUK and the rental “clock” stops. Simply bringing equipment back to a RUNAMUK facility, engaging in conversation with staff, returning the equipment after hours or leaving it unattended for RUNAMUK to retrieve does not constitute equipment return and late fees will, at RUNAMUK’s sole discretion, be assessed.
SECTION 13 - RUNAMUK’S FORMAL RETURN INSPECTION. Neither the transfer of care and custody back to RUNAMUK nor any initial staff opinions, notations, or comments serve in any way as - or as substitute for - RUNAMUK’s formal return inspection. RUNAMUK will only conduct its formal return inspection when it has appropriate staff on hand, equipment is clean and free of visual obstructions, and ambient light and weather are suitable for the return inspection. Due to the inherently unpredictable nature of its operating environment return inspections may not occur for several days after the equipment is returned.
PARTICIPANTS may be present during the return inspection by selecting “yes” on RUNAMUK’S pre-rental inspection form question: “Do wish to be present during the return inspection?” Otherwise they waive the right to be present. RUNAMUK will make a reasonable attempt to accommodate PARTICIPANTS’ schedule but makes no guarantees.
Whether or not they are present, PARTICIPANTS pledge to fully accept RUNAMUK’S final return inspection conclusions indicating whether or not RUNAMUK, at its sole discretion, determined equipment was damaged or lost while in PARTICIPANTS’ care and custody. It will also state whether PARTICIPANTS incurred any unpaid incidental charges such as fuel, late returns, etc. If RUNAMUK determines there was no damage or loss it will refund or release authorizations related security deposits within approximately seven (7) days.
If RUNAMUK, at its sole discretion, preliminary believes its equipment was lost or damaged while in PARTICIPANTS’ care and custody it will notify PARTICIPANTS to discuss its findings. PARTICIPANTS have five (5) days after that to discuss the results with RUNAMUK staff. After the 5 days,regardless of the circumstances, RUNAMUK will issue its final return inspection report whose conclusions PARTICIPANTS agree are dispositive and final.
RUNAMUK shall apply any or all security deposits (see Section 5) against outstanding charges and refund any remaining security deposit positive balance amounts. If the applied security deposit amounts are insufficient to cover the entire amount due, PARTICIPANTS promise, as per Section 5, to immediately pay the open amount. In situations where PARTICIPANTS or their representatives wish to discuss the matter after RUNAMUK has issued its final return inspection conclusions, they agree to pay RUNAMUK for its administrative services related to processing information requests or responding to correspondences.
The administrative services rates are as follows: $105 per hour for each correspondence, telephone call, meeting, document production, text, email, (attached documents are considered their own individual correspondence or document in addition to the corresponding email or text) that PARTICIPANTS or their representatives send to, or request from, RUNAMUK. Each occurrence shall be assumed to take not less than 0.25 hours. Each document (electronic or paper) that RUNAMUK is required or requested to produce cost $0.50 per page.
(Indicating you read and understand Sections 12 & 13)
SECTION 14 - MATERIAL HARM. PARTICIPANTS acknowledge RUNAMUK (a) invests significant resources sourcing, preparing, allocating and maintaining its equipment; (b) alone is qualified and entitled to determine what equipment condition standards (and equipment) are most appropriate for its use; (c) RUNAMUK purchases equipment to generate funds to maintain operations; (d) it relies on a projected equipment residual value that will be adversely impacted by damage, even if the damage is repaired; and (e) since it allows the general public to participate in activities associated with its equipment, RUNAMUK maintains certain standards of equipment condition, readiness and utilization which may be different from those maintained by others; (f) it sets aside for PARTICIPANTS’ exclusive use the reserved equipment, services and resources for the duration stated in the Reservation and foregoes the opportunity to sell those services to others; (g) that using RUNAMUK’S equipment and entering into this Agreement or purchasing from RUNAMUK is not an essential act but voluntary on PARTICIPANTS’ part.
PARTICIPANTS acknowledge and agree that when RUNAMUK’s equipment is damaged or this Agreement is breached in any way, RUNAMUK is substantially more materially harmed than the equipment’s direct cost, or published value as well as more than the charges stated in the Reservation. (Indicating you read and understand Section 14)
SECTION 15 - REMEDIES. PARTICIPANTS acknowledge that the power sports and watercraft business are inherently unpredictable and unique; that it is impossible to accurately ascertain facts, determine liability, establish appropriate venue, or calculate the amount of RUNAMUK’s material harm when RUNAMUK’s equipment is damaged, lost, promised payments not received or this Agreement breached. After thorough contemplation, PARTICIPANTS concur this Agreement provides the only reasonable, just and conscionable remedies in the event of damage or breach. It also provides the most efficient method of resolving issues and mitigating both Parties’ damages. They further agree that if RUNAMUK equipment is lost or damaged while in PARTICIPANTS’ care and custody, PARTICIPANTS will pay RUNAMUK the following:
(a) RUNAMUK’s published 23-hour rental rate (or if no 23 hour rate is published, RUNAMUK's "daily" rate) beginning the day after the RUNAMUK equipment is returned until the RUNAMUK equipment is repaired or replaced (to its sole satisfaction) - subject to a three day minimum and ninety day (90); (b) RUNAMUK’s labor rate of $105 per hour; (c) RUNAMUK’S retail repair parts rates; (d) a $500 per machine plus $3.50 per mile round trip fee for any transportation costs RUNAMUK deems necessary to recover and or repair it; (e) third party vendor repair, inspection, or replacement costs plus a twenty-five percent (25%) handling costs (f) all RUNAMUK’s other related expenses including actual legal fees, credit card fees, court costs, and collection costs associated with asserting RUNAMUK’S rights.
See Section 4. In the event of chargeback or reversal of any amounts RUNAMUK had attempted to collect pursuant to this Agreement: the items stated in the prior paragraph (a) through (f) plus a $500 per reverse charge, credit card handling fee.
If RUNAMUK, in its sole opinion, determines that damaged equipment cannot reasonably be repaired or otherwise be reliably put back into RUNAMUK’s service, RUNAMUK shall consider the equipment a total loss. (Any equipment that RUNAMUK alone determined had been submerged shall automatically be considered a total loss). In such instances PARTICIPANTS agree to pay RUNAMUK, in addition to all other charges required under this Agreement, 125% of the manufacturer’s suggested retail price for the most current (new) model of the same equipment type that was deemed a total loss, or, if the item is discontinued, of the manufacturer’s published suggested retail price for replacement equipment RUNAMUK alone concludes is the most similar to the damaged equipment. RUNAMUK retains salvage rights to all damaged equipment as additional compensation to offset adverse effects of allocation disruptions. If a machine needs to be replaced, PARTICIPANTS also agree to pay a $500 registration and setup fee.
(Indicating you read and understand Section 15)
SECTION 16 - NO OTHER REPRESENTATIONS, WARRANTIES, ETC. PARTICIPANTS warrant that no oral representations, statements, warranties or inducements apart from this Agreement have been made to or relied upon by PARTICIPANTS. That any future or subsequent oral or written interaction between PARTICIPANTS and RUNAMUK shall not alter the terms and conditions or effectiveness of this Agreement.
SECTION 17 - REMEDIES CUMULATIVE. The rights and remedies of RUNAMUK contained in this Agreement are cumulative and not alternative.
SECTION 18 - WAIVER. Neither any failure nor any delay by RUNAMUK in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate was a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege.
SECTION 19 – ENTIRE AGREEMENT. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter and constitutes (along with the other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.
SECTION 20 – MODIFICATION. This Agreement may not be amended, supplemented, superseded or otherwise modified except by advance written mutual agreement executed by both parties.
SECTION 21 – ASSIGNMENT. PARTICIPANTS may not assign any of their rights or delegate any of their obligations under this Agreement without the prior written consent of RUNAMUK.
SECTION 22 - SUCCESSORS. This Agreement will apply to, be binding in all respects upon and inure to the benefit of the successors and permitted assignments of the parties.
SECTION 23 – SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
SECTION 24 – CONSTRUCTION. The headings of sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
SECTION 25 – GOVERNING LAW. This Agreement will be governed by and construed under the laws of the State of Wisconsin without regard to conflicts of law principles that would require the application of any other law.
SECTION 26 – JURISDICTION. Any judicial proceeding arising out of or relating to this Agreement or any transaction contemplated in this Agreement may be brought in the courts of the State of Wisconsin, County of Sawyer, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Wisconsin, and each of the parties irrevocably submits to the exclusive jurisdiction of each court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only any such court and agrees not to bring any proceeding arising out of or relating to this Agreement or any transaction contemplated in this Agreement in any other court.
The parties agree that either or any of them may file a copy of this section with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum.
SECTION 27 - USE OF ELECTRONIC SIGNATURES, RECEIPTS. PARTICIPANTS agree that this Agreement may be electronically signed; that electronic signatures appearing on this Agreement have the same effect as handwritten signatures would have for the purposes of the validity, enforceability and admissibility of this Agreement, and that PARTICIPANTS may withdraw their consent to receive electronic documents, notices or disclosures at any time so long as such request is made in writing and received by RUNAMUK within three business days of the date the Reservation was created.
SECTION 28 – TIME OF ESSENCE. With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.
(Indicating you read and understand sections 16 - 28)
PARTICIPANTS acknowledge that RUNAMUK offered PARTICIPANTS an identical copy of this Agreement and accompanying receipts; that this Agreement and its related transactions are in compliance with Sections 421 and 422 of the Wisconsin Consumer Protection Act. This entire transaction was conducted at RUNAMUK’s place of business, via customer-initiated contact.
PARTICIPANTS HAVE CONSIDERED AND ACKNOWLEDGE THAT IF THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE NOT AS BROAD AS THEY ARE, THE COSTS FOR USE OF RUNAMUK’S EQUIPMENT AND SERVICES WOULD BE SUBSTANTIALLY HIGHER. SINCE PARTICIPANTS DO NOT WANT TO PAY A HIGHER PRICE THEY ARE WAIVING THEIR RIGHT TO BARGAIN FURTHER FOR DIFFERENT TERMS AND CONDITIONS AND ARE STILL ELECTING TO PURCHASE AND BENEFIT FROM RUNAMUK’S SERVICES AND THEREFORE SIGN AND ENTER INTO THIS AGREEMENT WITH RUNAMUK IN ITS CURRENT FORM.
Signing on behalf of his or her self and as an Authorized Agent for all other Participants:
Date Signed: January 19, 2021