SNOWMOBILE RENTAL AGREEMENT
THIS SNOWMOBILE RENTAL AGREEMENT is made effective between PAT’S MOTOR SPORTS, INC. (DEALER), and (RENTER) and states the agreement of the parties as follows:
DEALER 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. DEALER’s ability to provide a rental snowmobile, if reserved, is contingent upon and subject to the return of the unit by the previous RENTER.
RENTER acknowledges he/she has carefully examined the snowmobile(s) 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 snowmobile(s) and equipment in a safe, dependable condition while in his/her custody.
RENTER assumes full responsibility for the snowmobile(s). In the event of malfunction, breakdown or if any defect is discovered after acceptance of the rental snowmobile, RENTER will immediately report same to DEALER. Continued use of the rental snowmobile shall be entirely at the RENTER’s risk.
CAUTION: RENTER MUST READ FOLLOWING PARAGRAPH CAREFULLY
RENTER at the time of signing this document will present the DEALER with a valid credit card with a credit balance available of at least $2500 at the time this rental agreement is signed for each snowmobile rented. In the event that the RENTER damages or TOTALLY DESTROYS the snowmobile which is the subject of this agreement, the RENTOR authorizes the DEALER to charge the entirety of said loss or damage on said credit card. In addition to the actual damages or destruction to the snowmobile, the DEALER is also authorized to charge the RENTER’s credit card for the following expenses:
I Agree 1. ANY EXPENSES INCURRED BY THE DEALER, INCLUDING LABOR AND MATERIALS TO RETRIEVE THE DAMAGED SNOWMOBILE.____
I Agree 2. THE NADA RETAIL VALUE OF THE RENTED SNOWMOBILE I.E. $__________, IF THE SNOMOBILE, IN THE SOLE OPINION OF THE DEALER, HAS BEEN TOTALED .___________
I Agree 3. ALL LABOR AND MATERIALS TO REPAIR ALL DAMAGE TO THE SNOWMOBILE DURING THE TERM OF THIS RENTAL AGREEMENT WITH ALL LABOR BILLED AT $99 PER HOUR AND ALL PARTS BILLED AT MSRP.
I Agree 4. ALL OIL AND GAS AT MSRP AND TO INCLUDE A FLAT FEE LABOR CHARGE OF $50.__________
I Agree 5. IF THE SNOWMOBILE CANNOT BE RENTED BECAUSE OF DAMAGE OR IF THE SNOWMOBILE IS TOTALED, THE RENTER IS RESPONSIBLE FOR ANY LOSS OF RENTAL OF THE SNOWMOBILE AT $275 PER DAY.
RENTER certifies that he/she understands the rules and regulations for the safe operation of snowmobiles. In addition, RENTER certifies that he/she is in good health, has no physical defects that may be of danger to themselves or anyone else, and that he/she is capable of safe operation of this snowmobile. 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.
RENTER acknowledges his/her responsibility for the safe and proper operation of the snowmobile(s); and for the safety and welfare of other snowmobile operators and persons. RENTER acknowledges that the DEALER has advised the RENTER that the RENTER must wear appropriate safety equipment during the operation of the snowmobile which is the subject of this agreement. Specifically, the RENTER acknowledges his or her responsibility to wear appropriate clothing and a properly sized helmet. RENTER acknowledges that he or she is familiar with the safe operation of a snowmobile, and is also fully aware of the laws of the State of Michigan with regard to safe and legal operation of a snowmobile in the State of Michigan.
RENTER agrees not to use, nor permit the use of the rental snowmobile(s):
· Anywhere but on designated snowmobile trails in the State of Michigan;
· For any unlawful purpose;
· In a careless or negligent manner;
· By any other person not the signatory of this agreement.
· While under the influence of alcohol or any controlled substance including prescription drugs that may impair your safe operation of the snowmobile.
IT IS AGREED AND UNDERSTOOD by RENTER that DEALER shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental snowmobile(s).
RISK OF LOSS OR DAMAGE: RENTER assumes all risks of loss or damage to the snowmobile(s) and equipment from any cause, and agrees to return the snowmobile(s) in the condition received from DEALER, with the exception of normal wear and tear. RENTER agrees to return this snowmobile(s) on or before the expiration of the rental period in the condition it is in now except as detailed on the inspection sheet. If a snowmobile is damaged or lost, DEALER shall have the option of requiring RENTER to restore it to good working order, or replace it with a like snowmobile in good repair. See Renters Checklist attached hereto as Addendum A.
LIABILITY, INDEMNITY AND HOLD HARMLESS: RENTER hereby agrees to bind him/herself, their heirs, personal representatives and assigns and release and discharge DEALER, 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 DEALER, its owners, employees, agents and assigns. Further, RENTER hereby agrees to defend, indemnify and hold harmless, DEALER, its owners, employees, agents and assigns from all claims, damages, demands, costs, losses, expenses, actions and judgments, which are created by or arise out of RENTER’s operation of the snowmobile during the rental period. RENTER agrees to pay all claims brought by third parties resulting from the operation and/or use of the snowmobile(s) during the rental period. This clause shall in all cases survive the execution of this agreement even if the balance of this agreement were found to be invalid by a court of law.
RENTER agrees to return the snowmobile with a full tank of gas. If not returned full, RENTER will be assessed a $25 fueling fee plus gasoline at MSRP charged by the DEALER required to fill the tank.
RENTER agrees to return the snowmobile by 5 pm on the final day of the rental period. Late returns will be billed $50 per hour past 5 pm. The rental period runs from 9 am until 5 pm. If the snowmobile is rented for multiple days, the RENTER may keep the snowmobile overnight.
Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN RENTER AND DEALER AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RETNAL AGREEMENT.