In consideration of the services of The Rea Ranch 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 "TRRL"), I hereby agree to release, indemnify, and discharge TRRL, 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 ATV 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: 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; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; traveling to and from activity locations raises the possibility of any manner of transportation accidents; 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 or out. Furthermore, TRRL 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 this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TRRL 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 TRRL’s equipment or facilities, including any such claims which allege negligent acts or omissions of TRRL.
4. Should TRRL 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 TRRL, I agree to do so solely in the state of California 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 TRRL 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 TRRL. 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.
ATV RENTAL AGREEMENT
NO INSURANCE PROVIDED
RENTER’S INITIALS AS THEY APPEAR THROUGHOUT
LATE FEES If your ATV/TRAILER returns late, a late fee of:
- $50.00 for FIRST 30 MINUTES
- then $100 up to one hour and EACH additional hour will be charged in addition to any rental charges. NO EXCEPTIONS! NO CREDIT FOR EARLY RETURNS!
EXCESSIVE MUD AND TRASH FEE Renter is expected to return the UTV without excess mud and trash or you will potentially be assessed a cleaning fee $75.00
DAMAGES: Renter is responsible for all damages to the ATV/TRAILER. All riders must sign a rental agreement prior to renting a UTV/TRAILER. If the rental is damaged the money for damages, INCLUDING DEPOSIT, will be paid for when the rental is returned. There may be additional fees for: damages that are unseen, LOSS OF USE UP TO 14 DAYS, fuel, cleaning, abuse, and late fees.
DEPOSIT: RENTER shall pay a $500 security deposit (valid DEBIT credit card only) at the time this rental agreement is signed for each ATV/TRAILER rented. This deposit will be credited to the RENTER upon termination of this rental agreement, less any expenses incurred to retrieve the ATV/TRAILER and/or to repair any damage caused in to the ATV/TRAILER by the RENTER or anyone else during the rental period. If RENTER is paying by NON-DEBIT credit card $1000.00 security deposit will be charged immediately to credit card if ATV/TRAILER comes back with any damage. If damages exceed the damage deposit, RENTER agrees to make payment in full immediately upon The Rea Ranch LLC's presentation of an itemized repair bill, including lost rental time. This security deposit shall not bear interest.
BAD WEATHER: The Rea Ranch, LLC reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used The Rea Ranch, LLC's ability to provide a rental ATV/TRAILER, if reserved, is contingent upon and subject to the return of the unit by the previous RENTER.
EQUIPMENT CONDITION: RENTER must be at least 21 years of age acknowledges he/she has carefully examined the ATV/TRAILER, and finds it (them) suitable for the purpose leased, and that other accessory equipment is in suitable and acceptable condition; that he /she will maintain both ATV/TRAILER and equipment in a safe, dependable condition while in his/her custody.
BREAK DOWN/MALFUNCTION: RENTER assumes full responsibility for the ATV/TRAILER. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental ATV/TRAILER, RENTER will immediately report it to The Rea Ranch, LLC. Continued use of the rental ATV/TRAILER shall be entirely at the RENTER's risk.
SAFETY RENTER certifies that he/she understands the rules and regulations and acknowledges his/her responsibility for the safe and proper operation of the ATV/TRAILER; and for the safety and welfare of other ATV/ TRAILER operators and persons. It is AGREED AND UNDERSTOOD BY RENTER that The Rea Ranch, LLC shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental ATV/ TRAILER.
HEALTH RENTER certifies that he/she are in good health, has no physical defects that may be of danger to himself or herself or anyone else, and that he/she is capable of safe operation of this ATV/TRAILER. Furthermore, RENTER certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.
HOLD The Rea Ranch, LLC HARMLESS RENTER further agrees to indemnify and hold The Rea Ranch LLC harmless from, and against all claims for loss of/or damage to property or injury to persons (including death) resulting through the use, operation or possession of the rental ATV/TRAILER. RENTER further agrees to hold The Rea Ranch, LLC harmless should loss or damages occur to any of RENTER's personal property while carried in, or on, the ATV/TRAILER, including loss or damage caused by malfunction or theft.
WHAT RENTER CAN’T DO/ WHERE RENTER CAN’T GO RENTER agrees NOT to use, nor permit the use of the rental ATV/TRAILER:
- Anywhere but on Inyo National Forest and BLM PUBLIC ACCESS ROADS
- AROUND CABINS, STORES, PRIVATE LAND, Public Highways, STATE PARK, PAVED ROADS, OR ANY OTHER PLACE THAT IS ILLEGAL TO DRIVE ATV/TRAILER. RENTER is responsible for knowing local laws.
- For any unlawful purpose, In a careless or negligent manner, By any other person not the signatory of this agreement.
RISK OF LOSS OR DAMAGE: RENTER assumes all risks of loss or damage to the ATV/TRAILER and equipment from any cause, and agrees to return the ATV/TRAILER in the condition received from The Rea Ranch, LLC, with the exception of normal wear and tear. RENTER agrees to return this ATV/TRAILER on or before the expiration of the rental period in the condition it is in now. If an UTV/TRAILER is damaged or lost,The Rea Ranch, LLC shall have the option of requiring RENTER to restore it to good working order, or replace it with a like ATV/TRAILER in good repair.
COVENANT NOT TO SUE LIABILITY AND INDEMNITY: RENTER hereby agrees to bind him/her self, their heirs, personal representatives and assigns and release and discharge The Rea Ranch, LLC, its owners, employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments and attorney fees, which RENTER or RENTER's heirs, personal representatives or assigns may have, or claim to have, against The Rea Ranch, LLC, its owners, employees, agents and assigns. Further, RENTER hereby agrees to defend, indemnify and hold harmless, The Rea Ranch, LLC, its owners, employees, agents and assigns from all claims, damages, demands, costs, losses, expenses, actions and judgments, which are created by or arise out RENTER’s out RENTER's operation of the ATV during the rental period. RENTER agrees to pay all claims brought by third parties resulting from the operation and/or use of the ATV during the rental period.
ADDITIONAL COSTS FOR DAMAGES RENTER expressly agrees to indemnify and hold The Rea Ranch, LLC harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by The Rea Ranch, LLC, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by The Rea Ranch, LLC to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that venue of any action hereunder shall be in the county of the The Rea Ranch, LLC
I/WE 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.
Today's date: June 18, 2021