3 Vacation Lane Greenville, Maine 04441
The undersigned hereby rent from AMERICAN OUTDOORS USA, LLC, the following described all-terrain vehicle
(ATV), UTV, Snowmobile, Snowshoes and/or gear for the limited period of time outlined in this agreement and agree to
the following terms and conditions.
NO WARRANTY - NO INSURANCE PROVIDED INHERENTLY DANGEROUS ACTIVITY
AMERICAN OUTDOORS USA, LLC 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 AMERICAN OUTDOORS USA, LLC in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTV/Snowmobiles on any private or public trail system which may include roadways in areas, and AMERICAN OUTDOORS USA, LLC property with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or me. AMERICAN OUTDOORS USA, LLC strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. AMERICAN OUTDOORS USA, LLC 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 AMERICAN OUTDOORS USA, LLC of any duty legally owed to me in relation to the conduct of this activity.
Terms and Conditions
1. RULES OF OPERATION. I agree to follow and be bound by the General ATV/UTV/Snowmobile Operation Rules of Maine made a part of this agreement. Rules are available online and in our offices at the time of rental. Helmets must be worn at all times while operating the ATV/UTV/Snowmobile along with closed toe shoes. DOT approved helmets can be brought by the undersigned or AMERICAN OUTDOORS USA, LLC will supply one. AMERICAN OUTDOORS USA, LLC provides additional protective gear for rent but is not required. We strongly recommend you supply your own protective gear for full body coverage while operating your rental. You may only operate the rental on marked trails and are forbidden to ride across any frozen or open waterways including lakes, rivers, streams and bogs. By signing this rental agreement and waive of liability, you certify that you understand the appropriate protective gear is required to avoid serious medical injuries and conditions.
2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV/UTV/Snowmobile, other vehicle(s), or equipment and that passengers will not be carried on any ATV and that the renter is at least 21 years of age at the time of renting. 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/Snowmobile, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage 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 or equipment covered by this agreement damaged by myself or other riders, at the full per day rate from the date of damage until repaired and replaced in rental service, not to exceed 7 days in addition to the security deposit funds. I hereby authorize AMERICAN OUTDOORS USA, LLC 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. A $1,000 security deposit will be required at the time of rental in the form of a hold on a credit card. The charge will be refunded upon return barring any damage done to the ATV/UTV/Snowmobile during the rental period. In the case of new damage, the undersigned will receive their security deposit back less the cost of any damages. A written estimate will be provide if requested from renter in writing. If damages equal or exceed the $1,000 deposit, the entire deposit is forfeited and the card on file will be charged additionally to cover damages. If the card on file declines the charges, the undersigned agrees to be personally and financially liable to the repairs needed for the damages caused. By signing this agreement, you also certify that you will be responsible for any damage caused to another person, company, or entities property during your time of rental.
3. 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 AMERICAN OUTDOORS USA, LLC, for the death or injury to any person or 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 AMERICAN OUTDOORS USA, LLC USA. Helmets must be worn at all times by all operators and passengers while operating any rental from AMERICAN OUTDOORS USA, LLC.
4. 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 AMERICAN OUTDOORS USA, LLC, its shareholders, directors, officers, employees, agents, 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, that in any manner 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 AMERICAN OUTDOORS USA, LLC. This waiver and release extend 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 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.
5. 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 AMERICAN OUTDOORS USA, LLC or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against AMERICAN OUTDOORS USA, LLC and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV/UTV/Snowmobile or any other ATV/UTV/Snowmobile or equipment received and/or obtained from AMERICAN OUTDOORS USA, LLC. 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.
6. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold AMERICAN OUTDOORS USA, LLC, its shareholders, directors, officers, employees, agents, 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/Snowmobile or any other ATV/UTV/Snowmobile or other equipment received or obtained from AMERICAN OUTDOORS USA, LLC. The undersigned likewise shall indemnify AMERICAN OUTDOORS USA, LLC., its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
7. 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 Maine.
8. 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 reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.
9. 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 representative of AMERICAN OUTDOORS USA, LLC.
By signing below, I am agreeing as the renter to all the above terms and conditions outlined in this rental agreement and waiver of liability.
May 16, 2021