PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Stowell Enterprises LLC/ Fun Run Rentals, 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 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; falls from the snowmobile; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken
during rides; collision with other snowmobiles, participants, trees, rocks, and other manmade or natural obstacles; snowmobiles 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, FRF 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
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 (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
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
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 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.
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
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.
RENTAL PERIOD AND COST:
Releasor agrees to rent the Equipment for the price indicated in the confirmation email, for the duration also identified in the confirmation email.
In addition, Releasor shall pay a security deposit in the amount _minimum_$500.00, maximum $500.00 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.
The only authorized users of said Equipment during the term of the rental are:
Any participants who will be driving, riding, hauling, transporting or using the equipment in any other capacity.
NOTE: Each user and participant must sign a Waiver, Release, & Indemnification Agreement before being authorized
to use the same.
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.
Releasor agrees to return equipment back in the same working and cosmetic condition as it was when released.
Releasor agrees to return the equipment clean, power washed, free of salt and grime. Or, pay a $20.00 cleaning fee from their deposit.
Releasor agrees to return equipment with a full tank of Premium Ethanol Free gasoline. Or, have the cost of fuel deducted from their deposit.
Releasor initials to acknowledge that they have read and understand the above statements.