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RENTAL AGREEMENT AND WAIVER OF LIABILITY

The undersigned hereby rent from Mystic Enterprises, LLC (dba Deadwood Outdoor Rentals) the following described utility trail vehicle (UTV) or all terrain vehicle (ATV) equipment for a limited period of time, upon the following terms and conditions.

NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO MEDICAL OR PHYSICAL DAMAGE TO EQUIPMENT INSURANCE PROVIDED

Deadwood Outdoor Rentals 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 vehicle or equipment covered by this agreement. I, the undersigned, accept any vehicle or other equipment provided by Deadwood Outdoor Rentals in its “as is” condition with all faults. I hereby acknowledge that riding UTVs and ATVs with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or oneself. Deadwood Outdoor Rentals does not provide medical insurance and advises that serious injuries can be financially devastating. I personally accept all risks and liabilities of this activity. It has been explained to me and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release Deadwood Outdoor Rentals of any duty legally owed to me in relation to the conduct of this activity.

TERMS AND CONDITIONS – READ THIS CAREFULLY

1. Limitation of Use and Responsibility for Loss or Damage. I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV(s), UTV(s), other vehicle(s) or equipment and that passengers will not be carried on any ATV or UTV not designed for such use. No drivers without a valid driver’s license will be permitted to operate equipment. 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, other vehicle or equipment covered by this agreement. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I also agree to pay for the loss of use of any ATV or UTV 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 Deadwood Outdoor Rentals 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.


2. Assumption of Risk. I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV, UTV or other equipment obtained from Deadwood Outdoor Rentals 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 or any other ATV, UTV and/or equipment received or obtained from Deadwood Outdoor Rentals. 


3. Waiver and Release of Claims. I, the undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever waive, release and discharge Deadwood Outdoor Rentals, its shareholders, 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 and any other ATV, UTV or other equipment received and/or obtained from Deadwood Outdoor Rentals. 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. I represent and warrant that I have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and I voluntarily assume that risk as part of this agreement. 


4. Covenant Not to Sue. I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Deadwood Outdoor Rentals or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against Deadwood Outdoor Rentals and its shareholders, 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 or any other ATV, UTV or equipment received and/or obtained from Deadwood Outdoor Rentals. 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. 


5. Indemnification. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Deadwood Outdoor Rentals, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys' 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 or any other ATV, UTV or other equipment received or obtained from Deadwood Outdoor Rentals. The undersigned likewise shall indemnify Deadwood Outdoor Rentals, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys' fees, resulting from a breach of this agreement. 


6. 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 remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of South Dakota. 


7. 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 attorneys fees and all costs and expenses incurred in pursuit thereof. 


8. Entire Agreement, No Oral Modifications. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized corporate representative of Deadwood Outdoor Rentals 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. 


9. Information Sharing. I consent to receiving communications from the partners that Deadwood Outdoor Rentals works with. 


Dated: June 16, 2025

Please note:  The Renter/Operator is responsible for all damages caused to the machine. In addition, a $250 cleaning fee will be added for “excessive” mud. A $250 new tire fee will be added for side wall damage. Deadwood Outdoor Rentals will be responsible for damage to the face of the tire.

First Participant's Name
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First Participant's Date of Birth*
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
I am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed ATV/UTV or any other vehicle or equipment I may obtain from Deadwood Outdoor Rentals may be used and operated by such minor(s) in accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement. In consideration of the above listed (“Minor”(s)” Being permitted by Deadwood Outdoor Rentals (Mystic Enterprises, LLC), to participate in its activities and use its equipment and facilities, I further agree to indemnify and hold harmless Deadwood Outdoor Rentals (Mystic Enterprises, LLC), from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor


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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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.


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