The undersigned hereby rents from UINTA ADVENTURES the following described All-Terrain Vehicle (ATV) and/or Utility Task Vehicle (UTV) and/or Waverunner and/or equipment for a limited period of time, upon the following terms and conditions and rules of operation and safety.
NO WARRANTY - NO INSURANCE PROVIDED - INHERENTLY DANGEROUS ACTIVITY
UINTA ADVENTURES 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/Waverunner or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by UINTA ADVENTURES in its “as is” condition with all faults. I (We) the undersigned hereby acknowledges that driving ATV/UTV/Waverunner(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/Waverunner(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. UINTA ADVENTURES strongly urges the renter and other riders to have medical insurance prior to engaging in this activity. UINTA ADVENTURES 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 UINTA ADVENTURES of any duty legally owed to me (us) in relation to the conduct of this activity.
TERMS AND CONDITIONS - READ THIS CAREFULLY
- Rules of operation. I agree to follow and be bound by the GENERAL RULES OF OPERATION and SAFETY on page four and made a part of this agreement.
- Operation and Safety Training. I have reviewed and understand the safety features and operation of the above referenced vehicle or equipment. Including safety training videos and/or verbal training.
- 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/Waverunner(s), or other vehicles or equipment and that passengers will not be carried on any ATV/UTV/Waverunner not designated for such use. No drivers under the age of 18 years will be permitted to drive or operate any ATV/UTV/Waverunner(s) under any circumstances. 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/Waverunner(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/Waverunner 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 UINTA ADVENTURES 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 $1,000.00 per ATV/UTV/Waverunner on a valid credit card.
- A damage agreement is included in the price of the daily rental rate on all machines rentals per day, the included damage agreement deductible will limit your cost of damage to $1,500.00. Additional fees can lower this deductible; please ask for details. This is not insurance and only covers damage to our machines that were in your possession. Damage agreements do not cover racing, fire, sinking, tipping, rolling, jumping, high banking or other violations of General Rules of Operation and Safety and machines must be returned intact for damage agreements to be valid. Drug and/or alcohol consumption will not be tolerated while operating or participating in activities with the use of our equipment. Renters assume all risk of loss and liability.
- Assumption of risk. I expressly and voluntarily assume all risk and liability for the loss of or damage to any ATV/UTV/Waverunner or other equipment obtained from UINTA ADVENTURES 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/Waverunner(s) and or equipment received or obtained from UINTA ADVENTURES.
- 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 UINTA ADVENTURES, its members, managers, 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/Waverunner and any other ATV/UTV/Waverunner or other equipment received and/ or obtained from UINTA ADVENTURES. 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 UINTA ADVENTURES or any member, manager, director, officer, employee, agent, successor, or assign thereof, or in any manner assert any further claim or demand against UINTA ADVENTURES 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/Waverunner(s) or any other ATV/UTV/Waverunner related equipment received and/or obtained from UINTA ADVENTURES. 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.
- Indemnification. The undersigned shall indemnify, defend (by counsel reasonably acceptable to UINTA ADVENTURES), protect and hold UINTA ADVENTURES, its members, managers, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, 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/Waverunner(s) or any other ATV/UTV/Waverunner related other equipment received or obtained from UINTA ADVENTURES. The undersigned likewise shall indemnify UINTA ADVENTURES, 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 remail in effect. This Agreement, covenant, waiver and release shall be governed and enforced in accordance with the laws of the State of Utah, without regard to its conflicts of law principles. Any action or proceeding seeking to enforce any provision of, or base upon any rights arising out of, this Agreement may be brought against any of the parties in the courts of the State of Utah, Summit County, or if it has or can acquire jurisdiction in the United States District Court of the District of Utah and each of the parties consents to the jurisdiction of such courts (and of appropriate appellate courts), in any such action or proceeding and waive any objection to venue laid therein.
- 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 including but not limited to the Release of Liability, Wavier of Claims, Assumption of Risk and Indemnity Agreement (“Waiver of Liability”) 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 UINTA ADVENTURES. 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.
- Wave Runner Use and Operation. Use and operation of Waverunner(s) have certain inherent risks and restrictions that are detailed in the Waiver of Liability including but to limited to: (a) Under U.S. Federal Law, it is illegal to discharge anything into the water and I am responsible for the penalties and fines for doing such; (b) I agree to stay on marked waterways at all times and will not litter at any time; (c) No dogs, cats, or other pets shall be taken aboard the Waverunner(s); (d) I shall not fasten the Waverunner(s) to any navigation maker or buoy, except in an emergency and shall not operate the Waverunner(s) in any manner which shall unreasonably constitute a navigational hazard; (e) All passengers and operators will wear a personal flotation device while operating or riding on the Waverunner(s) and obey all wake zone speed limits and other appropriate local laws; (f) I will not dry dock, pull onto the beach or secure my rental to anything that will cause hull damage to the Waverunner(s) and (g) I am aware that I cannot operate the Waverunner(s) in less than 4 feet of water. This unauthorized operation will likely cause impeller damage that will be paid for by renter.
- 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.
GENERAL RULES OF OPERATION and SAFETY
- Only adult riders over the age of 18 years who have signed the Rental Agreement and Waiver of Liability (“Agreement”) or a minor whose parent or guardian has signed the Agreement on their behalf, shall operate any, ATV/UTV/Waverunner, or other rental vehicle or equipment.
- A helmet must be worn at all times while operating an ATV/UTV. A helmet and goggles if needed are included in your rental fee. However additional gear such as long pants, long sleeve shirt or jacket, over the ankle boots, chest protectors, gloves, knee and elbow pads reduce risk of injury and are strongly encouraged.
- Do not operate any ATV/UTV/Waverunner(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.
- Obey all posted signs. Do not ride faster than posted speed limits or than local current conditions allow. Know and abide by Utah OHV Laws and Rules as well as Federal OHV laws applicable to federally owned or managed public lands. Do not ride out of designated areas; respect our Wilderness. For Waverunner rentals, know and abide by Utah’s Boating Laws & Rules published by the Utah Department of Natural Resources. A copy is available at -https://site.utah.gov/stateparks/wp- content/uploads/sites/13/2015/09/DNR-Boating-Highlights-15-Artx.pdf
- Do not carry persons other than as originally mounted on or assigned to ride in the vehicle.
- Ride at your current skill level. Do not push your limit. Be careful.
- For ATV/UTV rentals, do not ride in water or wet sand. It corrodes the undercarriage.
- Do not participate in any race or contest involving other ATV/UTV/Waverunner(s) or any other vehicle.
- Do not tow other ATV/UTV/Waverunner(s) or any other vehicle. Do now allow others to tow you and your rental ATV/UTV/Waverunner(s).
- No alcohol or drug possession or consumption before or during use while in possession of the rented ATV/UTV/Waverunner(s) is permitted.
- Be aware of other riders and vehicles.
- Do not park and leave vehicle or equipment unattended.
- In case of breakdown or non-medical emergency, call our office (435) 671-2668 or speak to a Ranger or police officer and ask them to notify our office. In the event of a breakdown, compensation through credit or additional rental time will be granted if such breakdown was not caused by negligence by the operator.
- Vehicles are to be returned on time or additional fees will be charged.
- ATV(s)/UTV(s) driven more than 100 miles per day will be charged an over mileage fee of $1.50 per mile.
- There are no refunds for early returns or for inclement weather.
- Anyone not following these rules or those of the State of Utah, Summit County, Utah Highway Patrol, local police authorities, State Park, BLM or National Forest rules, or Utah’s Boating Laws & Rules will be asked to return the ATV/UTV/Waverunner(s) and the remainder of their rental and all fees will be forfeited.
- For Waverunner rentals, anyone found not wearing a personal floating device while driving or sitting as a passenger on a Waverunner will be asked to return the Waverunner(s) and the remainder of their rental and all fees will be forfeited.
- For Waverunner rentals, under U.S. Federal Law, it is illegal to discharge anything into the water and renter is responsible for the penalties and fines for doing such. Renter must stay on marked waterways at all times and will not litter at any time. Renter shall not fasten the Waverunner(s) to any navigation maker or buoy, except in an emergency, and shall not operate the Waverunner(s) in any manner which shall unreasonably constitute a navigational hazard. Renter will not dry dock, pull onto the beach or secure rental to anything that will cause hull damage to the Waverunner(s). Renter cannot operate the Waverunner(s) in less than 4 feet of water. This unauthorized operation will likely cause impeller damage that will be paid for by renter.
- For ATV/UTV rentals, anyone found not wearing a helmet while driving or sitting as a passenger on an ATV/UTV will be asked to return the ATV/UTV(s) and the remainder of their rental and all fees will be forfeited.
- 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.
Today's Date: September 29, 2023