Loading...

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Stowell Enterprises LLC dba Fun Run Rentals dba Fun Run Motorsports, Get Lost Yellowstone 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 "FRR"), I hereby agree to release,

indemnify, and discharge FRR, 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 Snowmobile and/or UTV/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: riding on uneven snow covered terrain; changing snow conditions and variations in elevations;

loss of control of the snowmobile/UTV/ATV; falls from the snowmobile/UTV/ATV; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken

during rides; collision with other snowmobiles/UTVs/ATVs, participants, trees, rocks, and other manmade or natural obstacles; snowmobiles/UTVs/ATVs are slippery

when wet and accident can occur while getting on and off; pinches, bruises, abrasions, strains, burns, cuts and lacerations; exhaustion;

major injuries are a risk as are musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; the negligence

of participants, or other persons who may be present; steepness of slopes, snow depth, instability of snow pack or varying and difficult

weather; exposure to temperature and weather extremes which could cause hypothermia, frostbite, frostnip, hypoxia, sunburn, or

dehydration; encounters with animals and wildlife; altitude sickness, high altitude pulmonary edema; 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; equipment failure and mechanical and/or equipment problems; accidents or illness can occur in remote places without

medical facilities; transmissible pathogen or disease; improper lifting or carrying; my own physical condition, and the physical exertion

associated with this activity.

Furthermore, FRR 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 FRR 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 FRR’s equipment or facilities,

including any such claims which allege negligent acts or omissions of FRR.

4. Should FRR 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 FRR, I agree to do so solely in the state of IDAHO 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 FRR 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 FRR. 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.

 

PROTECTIVE RIDING HEADGEAR REFUSAL AGREEMENT

I, the undersigned, have been fully warned and advised by Stowell Enterprises, LLC/Fun Run Rentals/Fun Run Motorsports/Get Lost Yellowstone, LLC (hereinafter

collectively referred to as “FRR”), that I should wear a properly fitted and secured DOT and/or or SNELL certified

helmet while riding or being around Snowmobiles (whether on the premises or off of the FRR’s premises) in order

to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of

a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be

going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the

advice of FRR and numerous court cases I am refusing this critical safety precaution. I also understand that minors

are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.

I, the undersigned, have read the foregoing statement carefully before signing and do understand its

warning.

 

RENTAL AGREEMENT


FINANCIAL LIABILITY AGREEMENT

Releasor understands and agrees that he/she shall bear full financial responsibility for any damage caused to the

Equipment during the transport and use of such vehicle and caused by the negligence and misuse of the same by

Releasor, including but not limited to any damage, harm, or injury cased to the Releasor or others due to the

violation of any of the Covenants identified above. Moreover, Releasor shall be fully responsible for all financial

loss, damages, and injuries suffered by any other person or property due to the negligence of Releasor during the

rental period. The payment of the security deposit as identified in attachment “A” does not waive or release

Releasor from any damage or liability but is for the convenience of the parties for incidental costs and

repairs. 

PAYMENT PROCESSING AGREEMENT

Releasor agrees to allow FRR to process payments.

INSURANCE

Releasor understands and agrees that he/she will be responsible in providing their own general liability, property damage and any other insurance coverage during the duration of their rental period. This includes but is not limited to providing the agency name, contact information, policy number and any other information that would be required or applicable when submitting an insurance claim. Releasor agrees to provide up to date and current policy information on a policy that is active and current that is not expired or otherwise void due to expiration or lack of payment or any other reason that could cause the policy to be void or inactive. Releasor understands that Stowell Enterprises, LLC dba Fun Run Rentals dba Fun Run Motorsports, Get Lost Yellowstone, LLC does not sell or provide insurance to or on the behalf of the Releasor, Releasor's heirs or next in kin, or any of the Releasor's participants or the participants heirs or next in kin. Releasor understands and agrees to bare full financial responsibility for their insurance claim including but not limited to their own insurance deductible as required by their insurer. 

SCOPE

The undersigned Releasor acknowledges that the transportation, use, and operation of the Equipment are

potentially dangerous activities and involve risk of serious injury, death, and property damage, and agrees that this

Agreement is intended to be construed as broadly and inclusively as permitted by Idaho law and that if any portion

is held invalid that all other portions shall continue in full legal force and effect. The undersigned further agrees

that this Agreement shall not be construed against the drafter of the Agreement and shall be construed under Idaho

law.

FEE'S

The undersigned Releasor acknowledges the following fee schedule: $20 late fee per item, for every hour returned past 6PM. $30 late fee per vehicle, for every hour returned past 6PM. $500 vehicle recovery for off site recovery needs, or $100/hour, whichever is greater. $20 cleaning fee if vehicles are returned dirty or salty and otherwise not clean. $30 Early pick up fee if picked up the night before their first rental day. 


RENTAL PERIOD AND COST:

Releasor agrees to rent the Equipment for the price indicated in the confirmation email plus any accrued fees that may result in cause of damage, fuel or other fee's outlined in the schedule of Fees above, for the duration also identified in the confirmation email. 


SECURITY DEPOSIT:

In addition, Releasor shall pay a security deposit in the amount _minimum_$500.00, maximum $1000.00 per vehicle__, which will be held for the duration

of the rental period and used of the cost of refueling the Equipment and for any necessary repairs. If the

Equipment is returned fully fueled, clean and in the same condition as when the rental term started and there were no other violations to this agreement, the security

deposit shall be returned to Releasor.



NOTE: Each user and participant must sign a Waiver, Release, & Indemnification Agreement before being authorized

to use the same.

 

SIGNATURE

By signing and/or initialing below, I certify that I have fully read and understand the meaning of this Agreement and voluntarily

agree to all of its terms and conditions in consideration for allowing me to rent the Equipment identified herein

from Fun Run Rentals, and further agree that no oral representations, statements, or inducements apart from the

foregoing written Agreement have been made.

 

Releasor agrees and understands that a portion or all of their deposit may be forfeited if the Releasor is in violation of the above or any and all portions of this agreement.

I Agree

Releasor agrees to return equipment back in the same working and cosmetic condition as it was when released.

I Agree

Releasor agrees to return the equipment clean, power washed, free of salt and grime. Or, pay a $20.00 cleaning fee from their deposit.

I Agree

Releasor agrees to return equipment with a full tank of Premium Ethanol Free gasoline. Or, have the cost of fuel deducted from their deposit.

I Agree

Releasor initials to acknowledge that they have read and understand the above statements.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!