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The undersigned hereby rent from Eastbay Auto LLC the following described all terrain vehicle (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) for a limited period of time, upon the following terms and conditions.

NO WARRANTY - NO INSURANCE PROVIDED INHERENTLY DANGEROUS ACTIVITY

Eastbay Auto LLC 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. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by Eastbay Auto LLC in its “as is” condition with all faults. The undersigned hereby acknowledge that riding (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes), on Spearhead Trails trail system and Eastbay Auto LLC property with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself. Eastbay Auto LLC strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. Eastbay Auto LLC does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned 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 Eastbay Auto LLC of any duty legally owed to me in relation to the conduct of this activity.

TERMS AND CONDITIONS

1. RULES OF OPERATION. I agree to follow and be bound by the General  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) Operation Rules made a part of this agreement.

2. 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/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes)(s), other vehicle(s), or equipment and that passengers will not be carried on any ATV. Riders under the age of 18 years must provide Eastbay Auto LLC with a written consent from a parent or legal guardian. Should any undersigned person, any minor child under my control or any other 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) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or any 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 OR DAMAGE. I also agree to pay for the loss of use of any  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of $100 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Eastbay Auto to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges I may incur under the terms of this agreement. I agree that if my bill for damages is sent to collections, I will not only owe my total damages to Eastbay Auto, but also the amount the collection agency needs to collect for their work as well. 

3. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or other equipment obtained from Eastbay Auto, for the 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 Eastbay Auto LLC.

4. WAIVER AND RELEASE OF CLAIMS. 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 Eastbay Auto LLC, 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) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) and any other  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or other equipment received and/or obtained from Eastbay Auto LLC. 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. The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.

5. 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 Eastbay Auto LLC or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against Eastbay Auto LLC and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or any other  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or equipment received and/or obtained from Eastbay Auto LLC. 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.

6. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Eastbay Auto LLC, 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) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or any other  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or other equipment received or obtained from Eastbay Auto LLC. The undersigned likewise shall indemnify Eastbay Auto LLC, 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.

7. 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 Utah.

8. 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.

9. ENTIRE AGREEMENT, NO ORAL MODIFICATION. 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 representative of Eastbay Auto LLC.

10. PARENTAL CONSENT. I am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed  (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or any other vehicle or equipment I may obtain from Eastbay Auto LLC 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.

11. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Eastbay Auto LLC and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of rafting equipment or my participation in rafting activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Eastbay Auto LLC.

12. I, 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.

RENTALS GENERAL OPERATION RULES POWER SPORTS

1. Only adult riders 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 Rental.

2. A helmet must be worn at all times while operating or riding in an ATV/UTV/OHV/Electric Vehicle.

3. Do not operate any Rental vehicle in a reckless or dangerous manner.

4. Obey all posted signs. Do not ride faster than posted speed limits.

5. Do not carry persons other than what the machine is designed for.

6. Ride at your current skill level. Don’t push your limit. Be careful!

7. Do not ride outside designated trail areas. This includes areas posted DO NOT ENTER or posted Private Property.

8. Any ATV/UTV/OHV rollover requires a minimum $300.00 payment. No Exceptions.

9. Do not participate in any race or other contest involving or other vehicles.

10. Do not tow other ATVs/UTVs/OHV's or other vehicles and do not have them tow you and your rental ATV/UTV/OHV or other rental vehicles. Call Eastbay Auto LLC

11. No alcohol consumption before or during use and possession of rented (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) or other vehicle and equipment.

12. Watch out for cliffs and drop-offs. Be very careful!

13. Avoid contact with wildlife, and keep a safe viewing distance.

14. Be aware of other riders and vehicles. Slow down when approaching a blind corner.

15. Do not park and leave vehicles or equipment unattended.

16. In case of a breakdown or emergency, call and speak with an Eastbay Auto employee. Do not leave a disabled vehicle alone at any time. Additional rental time will be allocated for time lost due to a breakdown for the rider of the down vehicle only.

17. (ATV/UTV) (OHV) (Trailer) (wave runner) (Boat) (Electric Bikes) are to be returned on time or additional fees will be charged.

18. There are no refunds for early returns.

19. There are no refunds if it rains.

20. NO REFUNDS, will offer credits only.

21. Boats will be stocked with 5 life jackets. Renter will be responsible for additional lifejackets. Activ will only provide up to the 5 life jackets

22. New in Utah starting January 1, 2023, ALL drivers 18+ of any UTV must complete a short and free education course. ALL drivers 16-17 that have a valid drivers license must complete a different Utah Youth Certification Course which is $35 and takes about 3-4 hours. These are valid for life. Please be aware that you will not be able to rent a UTV without all drivers taking the required course(s). Please visit the sites below to take the appropriate course.

Individuals 18+ Please Visit: https://secured.utah.gov/utoutdoorrecdirectory/Forms/Page/utoutdoorrecdirectory/utohvcourse/0

Individuals 16-17 Please Visit: https://recreation.utah.gov/off-highway-vehicles/utah-youth-certification-course/

By signing this waiver I agree that I have taken the above educational course.

23. I understand that by accepting this rental I am taking it into my possession and It is my responsibility to return it to Activ Powersports building at the assigned time, even if there are unexpected issues, including but not limited to mechanical issues, accidents, weather, or any other issues that may come up.

24. I understand I need to put the plugs in and check to see if the watercraft is taking on water throughout the day. If I sink this watercraft, I will be charged an automatic $300 fee plus all other repairs needed.

25. I understand this rental needs to come back clean and full of gas, otherwise I will be charged $100 per hour plus gas used.

26. I have read the operation guide provided to me via text message. 

Operations For Rentals

Boat Rental Operations 

By renting this machine you are confirming that you are a competent operator of this machine and will be responsible for any problems caused by neglect or lack of competency. This information is designed to help you avoid any problems, but we are not responsible for anything that has been omitted from this information provided.

  1. Be sure to put the pug in the boat.  
  2. Check the boat periodically to see if it is taking on water. You can check in the engine bay or manually activate the bilge pumps to see if there is water in the boat. If you turn on the bilge pump and you see water coming out the side of the boat you are taking on water and you will need to keep an eye on it. Make sure the bilge pumps are getting the water out before continuing.  
  3. Understand how to use the ballast tanks, they are on a timer not an actual fill gauge. You can override and fill or drain. This you will need to know to properly operate the wave system. 
  4. Do not run the bilge or ballast pump excessively or they could burn up. 
  5. Make sure you don’t beach the boat and be careful to avoid a prop strike.  
  6. Make sure you don’t leave the battery on
  7. Make sure the boat is fully on the trailer, all the way to the metal ring and that it is centered on the trailer.  
  8. Each lake has different mussel requirements, you may have to go through that to launch. This is your responsibility.  
  9. Make sure the straps are put back on how they were on when you got the boat. 
  10. Watch the temperature and oil pressure of the machine while operating to avoid overheating. If it gets above 190 degrees you have a problem. 
  11. Bring back Clean and fill it with premium gas before returning. 
  12. https://issuu.com/utahrecreation/docs/dnr_boating_highlights_23_art_sp_?fr=xKAE9_zU1NQ   You are responsible for knowing all the boating laws and rules which you must obey.

ATV/UTV/OHV Rental Operations 

By renting this machine you are confirming that you are a competent operator of this machine and will be responsible for any problems caused by neglect or lack of competency. This information is designed to help you avoid any problems, but we are not responsible for anything that has been omitted from this information provided.

  1. Be sure to wear your seat belt, if not the machine will not go full speed.  
  2. Be careful these machines will tip.  
  3. Make sure you don’t jump the machines. It can ruin the machine. 
  4. Make sure you are in gear correctly, if you are halfway in gear you could damage the transmission.
  5. Make sure you feather the throttle until the clutch engages, if you go from a full stop to full throttle you will break a clutch or burn a belt. 
  6. Clean it and fill it with premium gas before returning. 
  7. If you have a check engine code, check the code on the dash and report it to us. Most likely it is a belt code. 
  8. If you need help changing the belt refer to youtube. There are many videos that can help. 
  9. Watch the temperature and oil pressure of the machine while operating to avoid overheating. If it gets above 200 degrees you have a problem. You can check oil and coolant levels if needed. 
  10. If you do roll, hug your body DO NOT try to stop the fall with your hands. 
  11. Always wear a helmet and your seatbelt correctly. 
  12. You will need a flag at the sand dunes, you will have to request one before leaving, or buy one if you are at the dunes. 

Instructions for operation of Wave Runners

By renting this machine you are confirming that you are a competent operator of this machine and will be responsible for any problems caused by neglect or lack of competency. This information is designed to help you avoid any problems, but we are not responsible for anything that has been omitted from this information provided.

  1. Ensure all drain plugs are installed in the same fashion you were instructed.
  2. Every person operating the rented machines must wear approved life jackets.
  3. Attach key lanyard to your person or life jacket.
  4. Make sure you are waist deep before starting machines and waist deep when you turn off the machines.

Most common damages occur when the following steps aren’t followed. 

  • MUST INSTALL DRAIN PLUGS BEFORE MACHINES GO IN WATER!! 
  • DO NOT run machines in shallow water. We recommend starting and shutting the machines off in waist deep water. 
  • Return full of premium gas and cleaned



EMERGENCY PHONE NUMBER: 385-200-3687

Today's Date: October 20, 2024





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