AGREEMENT NUMBER 1: PARTICIPANT RELEASE AND ASSUMPTION OF RISK AGREEMENT
In consideration of the services of Runamuk Rides, 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 "RR"), I hereby agree to release, indemnify, and discharge RR, 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 guided and unguided ATV, UTV, and snowmobiling tours and boating 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: There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; riding on uneven snow covered terrain, changing snow conditions and variations in elevations; loss of control of the equipment; major injuries are a risk as are bruises, sprains, burns, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; the negligence of participants, or other persons who may be present; travel in remote areas; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, heat stroke, sunburn, frostbite, frostnip, dehydration; and 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; collision with fixed or movable objects; collisions, and flipping over; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the machine itself may fail; and accidents can occur getting in, out, on or off; slips and falls; accidental drowning; boat capsize and entrapment; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting in or out; Traveling to and from activity locations raises the possibility of any manner of transportation accidents; additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident.
Furthermore, RR 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 powersports activity. Additionally, I agree that a U.S. Coast Guard approved personal flotation device (life jacket) has been offered to me or my child/children for participating in water activities.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RR 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 RR’s equipment or facilities, including any such claims which allege negligent acts or omissions of RR.
4. Should RR 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 RR, I agree to do so solely in the State of Wisconsin, 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 RR 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. 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.
Signature of Participant:
June 13, 2021
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of the following minor(s): being permitted by RR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless RR from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
Parent or Guardian Full Legal Name:
Parent's or Guardians Signature
June 13, 2021
AGREEMENT NUMBER 2: 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 (“Reservation”). It is between the individual(s) listed in the Reservation (“PARTICIPANTS”) and Runamuk Rides LLC, “RR”) a Wisconsin limited liability company (collectively referred to as “the Parties''). In consideration of the premises, respective covenants and provisions contained herein, the Parties agree as follows:
SECTION 1 - MUTUAL UNDERSTANDING. As stated in the PARTICIPANT RELEASE AND ASSUMPTION OF RISK AGREEMENT, accidents and injuries, including those with the possibility of equipment and financial loss or damage are common and ordinary occurrences. RR recommends that all PARTICIPANTS thoroughly read, contemplate and consult with appropriate professional advisors BEFORE making a Reservation, entering into this Agreement, purchasing RR’'s services or using its property. Regardless, PARTICIPANTS agree RR has provided them with sufficient time and opportunity to read, contemplate and consult with professional advisors before entering into this Agreement.
SECTION 2 - SERVICE RENDERED & CONSIDERATION. The customized service package RR provides consists of the use of its equipment, related accessories, purchased optional items as well as RR’s sourcing, purchasing, preparing, maintaining, planning, financing and allocating resources for PARTICIPANTS’ exclusive use (i.e., foregoing other customers). In return, PARTICIPANTS agree to pay RR the amount stated in the Reservation and strictly abide by this Agreement.
SECTION 3 - CASH TRANSACTION & NO EXTENSION OF CREDIT. PARTIES agree that all transactions with RR were initiated by PARTICIPANTS; conducted at RR’s ordinary place of business; were entirely cash transactions; RR offers no consumer or other credit.
SECTION 4 - USE OF CREDIT OR DEBIT CARDS. PARTICIPANTS warrant they are familiar with the Truth in Lending Act, their card-issuing financial institution and their branded cards (e.g., Visa, Mastercard, etc) terms and conditions. PARTICIPANTS concur that all RR 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. Consequently, PARTICIPANTS irrevocably pledge not to dispute or charge-back any credit or debit card payments RR assessed, which RR, in its sole opinion, determined were due it pursuant to this Agreement. PARTICIPANTS warrant that the preceding pledge is irrevocable and shall supercede any subsequent instructions to the contrary.. In the event of conflict between this Agreement, card-issuer or credit card rules, PARTICIPANTS warrant that this Agreement shall control.
SECTION 5 - ASSUMPTION OF LIABILITY & INDEMNIFICATION. PARTICIPANTS pledge to jointly and severally reimburse RR for all losses (including attorneys’ fees and costs), that RR, in its sole opinion, determined resulted from any physical or comprehensive damage claims brought by or against RR from any persons or entities arising out of, or relating to, PARTICIPANTS use of of RR equipment.
SECTION 6 - CANCELLATION POLICY: 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 email@example.com by 5:00 pm on the 14th day and RR must acknowledge the cancellation request via reply confirmation email.
SECTION 7 - CARE AND CUSTODY OF EQUIPMENT.PARTICIPANTS certify they individually and jointly assume care and custody of RR’s equipment the earlier of when they take physical possession of it; use it in any way; or sign for its receipt. PARTICIPANTS warrant they are competent, and will take the time to, properly inspect the equipment prior to assuming its care and custody. PARTICIPANTS promise to refuse to use or accept equipment that is defective, contains pre-existing damage, is modified with non OEM equipment, or not appropriate for use. PARTICIPANTS’ use of any RR equipment is acknowledgement that they received it free of any substantive defect, pre-existing damage, and in good working condition. PARTICIPANTS agree to return the equipment no later than the stated return time, fully refueled (unless they purchased a prepaid fuel option), and in the exact condition they received it, except for ordinary wear and tear. Care and custody does not revert back to RR until it (RR) has completed and issued its “Formal Return Inspection Report”. Simply dropping the machine off; talking with any Runamuk staff, etc., does not represent a return transfer of care and custody to RR. Equipment returned late shall be assessed a $50 per hour or fraction of an hour “Late Return Fee”. Equipment not returned fully refueled (with the exception of prepaid fuel option customers) shall be assessed a $50 “Refueling Fee” plus RR’s retail price to fully fuel the equipment.
If RR, at its sole discretion, concludes in its Formal Return Inspection Report that its equipment was damaged or lost while in PARTICIPANTS’ care and custody, PARTICIPANTS will have five (5) days from report’ issuance to discuss the results with RR. After the 5 days, regardless of the circumstances, PARTICIPANTS agree that RR’s conclusions are dispositive and final. In situations where PARTICIPANTS or their representatives wish to discuss the matter after 5 days, they agree to pay RR an Administrative Services Fee” of $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, RR. Each occurrence shall be assumed to take not less than 0.25 hours. Each document (electronic or paper) that RR is required or requested to produce cost $0.50 per page.
SECTION 8 - NO INSURANCE COVERAGE.RR does not offer nor provide, PARTICIPANTS with any sort of insurance coverage or damage protection. PARTICIPANTS should speak to an authorized insurance agent concerning their coverage needs. Given time is of the essence and damages compound the longer it RR goes unpaid PARTICIPANTS oblige themselves to immediately pay RR for all charges due regardless of their insurance coverage or claims processing or payment situation.
SECTION 9 - SECURITY DEPOSITS. PARTICIPANTS will provide, prior to the start of the purchased activity, a security deposit in the amount of one-thousand five-hundred dollars ($1500) per piece of rented equipment. Security deposits shall be paid using only credit or debit cards. Cash or checks are not acceptable. PARTICIPANTS approve RR’s application (use) of any security deposit amounts against any unpaid charges PARTICIPANTS may incur.
SECTION 10 - STANDARDS OF USE OF EQUIPMENT. PARTICIPANTS warrant they (a) are knowledgeable how to operate RR’s equipment in a manner that avoids abuse, excessive wear and tear or could cause equipment damage; (b) will only operate 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 RR equipment; (d) will refuse to accept or otherwise operate any RR equipment they have not inspected, lack sufficient knowledge about or are uncomfortable inspecting or operating.
PARTICIPANTS also warrant to (a) operate equipment at appropriate and safe speeds and in compliance with all applicable laws; (b) maintain complete control of equipment at all times; (c) operate only on designated trails or waterways; (d) only use equipment they are skilled and permitted to use; (e) review and comply with all manufacturer’s operating instructions and government regulations; (f) allow RR free-of-charge use of any media (pictures, videos, etc.) containing their likenesses; (g) properly maintain and fuel equipment; and (h) not operate equipment under the influence of drugs or alcohol.
SECTION 11 - MATERIAL HARM.PARTICIPANTS acknowledge RR (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) purchases equipment to generate funds to maintain operations; (d) relies on a projected equipment residual value that will be adversely impacted by damage, even if the damage is repaired; (e) maintains certain standards of equipment condition, readiness and utilization which may be differs from PARTICIPANTS; (f) sets aside for PARTICIPANTS’ exclusive use, the reserved equipment, services and resources. PARTICIPANTS acknowledge that entering into this Agreement as well as purchasing or using RR’s services or using is voluntary and predicated upon the mutually negotiated terms contained in this Agreement.
SECTION 12 - REMEDIES. When RR’s equipment is damaged or this Agreement is breached in any way, PARTICIPANTS acknowledge that RR is more materially harmed than the equipment’s direct cost, published value or charges stated in the Reservation. They further agree 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 RR’s material harm when its equipment is damaged, lost, promised payments not received or this Agreement breached. For this reason both parties agree that 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.
If RR Formal Return Inspection Report concludes equipment was damaged or lost while in PARTICIPANTS’ care and custody, PARTICIPANTS agree to immediately pay RR liquidated damages based on the following: (a) RR’s published daily (7 hour) rental rate beginning the day after the RR’s equipment was returned until the equipment is repaired or replaced (to RR’s sole satisfaction) - subject to a three (3) day minimum and a ninety day (90) maximum; (b) RR’s labor rate of $110 per hour; (c) its retail repair parts rates plus shipping; (d) a $500 per machine plus $3.50 per mile round trip fee for any transportation costs in situations where RR was required to recover damaged equipment or it had to use third parties to repair or replace its equipment; (e) third party vendor repair, inspection, or replacement costs plus a twenty-five percent (25%) handling costs (f) all RR’s other related expenses including actual legal and attorneys fees, credit card fees, court costs, and collection costs associated with asserting RR’s rights.
See Section 4. In the event of chargeback or reversal of any amounts RR 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 RR, in its sole opinion, determines the equipment cannot be reasonably repaired or reliably put back into service it shall consider the equipment a total loss. In such cases PARTICIPANTS agree to pay, in addition to all other charges stated in this Agreement, one-hundred twenty five percent (125%) of the manufacturer’s suggested retail price for the most current (new) model which, in RR’s sole opinion, most appropriately reflects for the totaled equipment. RR further retains salvage rights to all damaged equipment as additional compensation to offset adverse effects of allocation disruptions, sourcing and registration
SECTION 13 - NO OTHER REPRESENTATIONS, WARRANTIES, ETC. PARTICIPANTS warrant that there were no oral or written representations, statements, warranties or inducements apart from those contained in the PARTICIPANT RELEASE AND ASSUMPTION OF RISK AGREEMENT and this Agreement. Any subsequent oral or written interaction between PARTICIPANTS and RR shall not alter the terms and conditions or effectiveness of the Agreements.
SECTION 14 - REMEDIES CUMULATIVE. The rights and remedies of RR contained in this Agreement are cumulative and not alternative. RR delay in exercising any rights, power or privileges under this Agreement shall not operate as a waiver of such rights, power or privileges.
SECTION 15 – ENTIRE AGREEMENT. This Agreement supersedes all prior Runamuk Rides Terms & Conditions of Use Agreements that may have been previously issued. It constitutes a complete and exclusive statement of the mutually negotiated and agreed upon terms and use of service. It may not be amended, supplemented, superseded or otherwise modified except by advance written mutual agreement executed by the Parties. PARTICIPANT may not assign any of their rights or delegate any of their obligations under this Agreement without RR’s prior written consent. This Agreement will apply to, and be binding in all respects upon and inure to, the benefit of the successors and permitted assignments of the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of nthis 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 16 – GOVERNING LAW, VENUE & JURISDICTION. The Parties have mutually negotiated and agreed to any judicial proceedings arising out of or relating to this Agreement or any transaction contemplated in this Agreement must 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. Parties irrevocably submit to the exclusive jurisdiction of the aforementioned governing law and venue and waive any objections to the contrary.
SECTION 17 - USE OF ELECTRONIC SIGNATURES, RECEIPTS. Parties mutually agree that this Agreement may be electronically signed; electronic signatures have the same effect as handwritten signatures for the purposes of the validity, enforceability and admissibility of this Agreement. PARTICIPANTS may withdraw their consent to receive electronic documents, at any time up until midnight of the third business day after the Reservation was created to withdraw this consent.
PARTICIPANTS acknowledge that RR offered them an identical copy of this Agreement and accompanying receipts.
PARTIES 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 RR’S EQUIPMENT AND SERVICES WOULD BE SUBSTANTIALLY HIGHER. SINCE PARTICIPANTS DO NOT WANT TO PAY A HIGHER PRICE THEY ARE WAIVING THEIR RIGHT TO FURTHER BARGAIN FOR DIFFERENT TERMS AND CONDITIONS AND ELECTING TO PURCHASE AND BENEFIT FROM RR’s SERVICES AND THEREFORE SIGN AND ENTER INTO THIS AGREEMENT IN ITS CURRENT FORM.
Signing on behalf of his or herself and as an Authorized Agent for all other Participants:
FOR PARTICIPANT: June 13, 2021