INSURANCE: You are liable for bodily injury or property damage. You can either assume the liability or you can buy coverage through your agent.
NO WARRANTY - NO INSURANCE PROVIDED - INHERENTLY DANGEROUS ACTIVITY A&M utvrentals, 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 ATV/UTV or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by A&M utvrentals, LLC in its “as is” condition with all faults. I (We) the undersigned hereby acknowledges that driving ATV/UTV(s) with other like vehicles and riders, is an inherently dangerous activity and carries risks of serious personal injury, property damage, or death. I (We) also know that there are normal, mechanical and environmental conditions and risks which independently or in combination with my activities may cause injury or even death to me or others, as well as property damage. I (We) know that operating ATV/UTV(s) has been the cause of serious injury and death in the past, because of the risks inherent in operation of the vehicle/s itself as well as where and how they are operated. A&M utvrentals, LLC strongly urges the renter and other riders to have medical insurance prior to engaging in this activity. A&M utvrentals, LLC does not provide medical insurance and advises that serious injuries can be financially devastating. I (We) the undersigned and any additional rider represented below hereby personally accept all risks and liabilities of this activity. It has been explained to me (us) that I (we) the undersigned that by executing this document I (we) am giving up important legal rights. It is my (our) further intention to give up those rights and in good faith to relieve and release A&M utvrentals, LLC of any duty legally owed to me (us) in relation to the conduct of this activity.
RULES OF OPERATION: I Agree to follow and be bound by the General ATV/UTV Operation Rules. Damage Protection- only protects physical damage to the machine you rent in the event of an accident as long as:
1. You are on a designated trail in the normal course of driving the UTV.
2. You are not acting in a reckless manner, speeding over the marked limit, and using care.
3. You are not under the influence of drugs or alcohol.
4. You are not violating any DNR regulation, county or state law.
By signing the liability waiver, you promise to assume all bodily injury and property damage liability for yourself, other passengers, and other third parties you may harm.
LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE:
I (WE) agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV/UTV’s, or other vehicles or equipment and that passengers will not be carried on any ATV/UTV not designated for such use. No drivers under the age of 25 years will be permitted to drive or operate any ATV/UTV’S under any circumstances. The DNR does require everyone born after January 1, 1988 to complete an ATV/UTV safety course.Should any undersigned person, any minor under my control or any 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’s, 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 AND/OR DAMAGE. I also agree to pay for the loss or use of any ATV/UTV or other vehicle covered by this agreement damaged by myself or other riders, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 14 days. I hereby authorize A&M utvrentals, 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 that I may incur under the terms of this agreement. Copy of valid driver’s license for each Operator is required. All rentals require a credit card authorization of $2,000.00 per ATV/UTV on a valid credit card.
Assumption of risk:
I expressly and voluntarily assume all risk and liability for the loss of or damage to any ATV/UTV or other equipment obtained from A&M utvrentals, LLC for 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’S and or equipment received or obtained from A&M utvrentals, LLC.
Waiver and release of claims:
I, the undersigned on behalf of myself, my spouse (if any), my child, any minor for whom I am guardian, my heirs and successors in interest, now and forever waive, release and discharge A&M utvrentals, LLC, it’s members, managers, directors, officers, employees, agents, successors and assigns from any 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 and any other ATV/UTV or other equipment received and/or obtained from A&M utventals, LLC. 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.
Covenant not to sue:
I agree and covenant on behalf of myself, my children and any minor for whom I am guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against A&M utvrentals, LLC or any member, manager, director, officer, employee, agent, successor, or assign thereof, or in any manner assert any further claim or demand against A&M utvrentals, LLC and its members, manager, directors, officers, employees, agents, successors and assigns thereof , arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV/UTV’s or any other ATV/UTV related equipment received and/or obtained from A&M utvrentals, LLC. This covenant applies and extends to any 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.
Indemnification:The undersigned shall indemnify, defend (by counsel, reasonably acceptable to A&M utvrentals, LLC) protect and hold A&M utvrentals, LLC, its members, managers, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, loses, or expenses (including attorney’s 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’S or any other ATV/UTV related other equipment received or obtained from A&M utvrentals, LLC. The undersigned likewise shall indemnify A&M utvrentals, LLC, its members, managers, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorney’s 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 Wisconsin and exclusive jurisdiction and venue for any action arising from this agreement shall be the courts of Vilas County, Wisconsin.
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, whether before and during suit, at trial, or on appeal.
Entire agreement, no oral modifications:
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 legal representative of A&M utvrentals, LLC. 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.
GENERAL RULES OF OPERATION and SAFETY 1. Only adult riders over the age of 25 years who have signed the Rental Agreement and Waiver of Liability (“Agreement”) shall operate any ATV/UTV, or other rental vehicle or equipment. 2. A helmet should be worn at all times (required if under the age of 18) while operating an ATV/UTV. A helmet can be rented by A&M utvrentals, LLC. However additional gear such as long pants, long sleeve shirt or jacket, over the ankle boots, chest protectors, gloves, knee and elbow reduce risk of injury and are strongly encouraged. 3. Do not operate any ATV/UTV(s), or other vehicle or equipment, in any manner other than with both hands on the steering apparatus and sitting in the seat with arms and legs within the confines of the vehicle. 4. Obey all posted signs. Do not ride faster than posted speed limits or than local current conditions allow. 5. Do not carry persons other than as originally mounted on or assigned to ride in the vehicle. 6. Ride at your current skill level. Do not push your limit. Be careful. 7. Do not participate in any race or contest involving other ATV/UTV(s) or any other vehicle. 8. Do not tow other ATV/UTV(s) or any other vehicle nor allow them to tow you and your rental ATV/UTV(s). 9.No alcohol or drug possession or consumption before or during use while in possession of the rented ATV/UTV(s) is permitted. 10. Be aware of other riders and vehicles. 11.Do not park and leave vehicle or equipment unattended. 12. IN THE EVENT OF A BREAKDOWN, YOU ARE RESPONSIBLE FOR GETTING IT BACK! 13.Vehicles are to be returned on time or additional fees will be charged- $50 per hour. 14.There are no refunds for early returns or for inclement weather. 15. I agree to reimburse A&M utvrentals, LLC at a rate of $100/hour for any service calls necessary on the Unit during the rental period which are caused by negligent use. 16. USE BY MINORS: I acknowledge that the manufacturer of the UTVs has specifically warned that passengers must be able to place both feet on the floorboard while seated upright with their backs against the backrests. Passengers must be able to reach and hold the passenger handhold. The manufacturer also prohibits children who require the use of child safety seats in the vehicle and that the seat belt system was not designed to restrain automotive child safety seats, and that if I choose to allow any child of mine that does not meet these requirements to ride in the UTV, I am assuming any and all risk associated with this use. 17. If damage to vehicle occurs due to not following above General Rules of Operation and Safety, Vehicle Damage Agreement will not cover the damage and renter will be responsible for all repair/replacement costs.
18.EMERGENCY CONTACT NUMBER: (715-525-2203).