MOTO ESSENTIALS LLC Rental Contract and Release of Liability Waiver

NEW POLICIES IN EFFECT JUNE 1, 2026. 

- DAMAGE POLICY UPDATE: Due to an increasing number of rentals being returned damaged. ANY damage done to a motorcycle that is rented will be subject to a minimum damage fee of $60. Please treat the bikes with respect so that we can keep this sport accesable to everyone. Levers on the KLX 140 are the only exception to this rule, those will be charged at $25 dollars per lever that is bent during the ride. 

- WASH POLICY UPDATE: A Wash station is now available at the park, all bikes should be washed at the end of your ride. Returning a bike in an unwashed condition will result in a 25$ wash fee. DO NOT spray water down the exhaust. 

- AGE RESTRICTIONS UPDATE: New age restrictions now in place. In addition to the age requirement of 18 to rent a bike, we will no longer allow riders under the age of 18 on any 300cc bike. You MUST be 18 years old to ride a 300 2 stroke. The KLX140 will have a minimum age of 16.

In the event any Vehicle or equipment listed herein is late, damaged, misplaced, stolen,submerged, or not returned I accept full financial responsibility for same and authorize Moto Essentials LLC to submit for payment on the credit card(s) listed below for all amounts owed under this contract. If Moto Essentials LLC initiates any charge to such card(s) that is dishonored for any reason, I authorize Moto Essentials LLC to re-initiate such charge without further authorization from me.

TERMS & CONDITIONS:

Definitions of Key Terms:

1. "Vehicle(s)" or "Unit(s)" refers to a single or multiple Off-Highway Vehicles rented from MOTO ESSENTIALS LLC by renter,
2. "Renter" means the individual who rented the Vehicles) from Moto Essentials LLC, and who is the responsible party for all of the terms and conditions of this Rental Contract, including the assumption of full responsibility for any Vehicle operated by any Additional Operator.
3. "Additional Operator" means any individual, in addition to the Renter who is designated by the Renter to operate a Vehicle. Each Operator shall also acknowledge and agree to the terms of the Renter/Operator Safety Terms and Release.
4. "Submerged" is defined by a Vehicle being submersed into a depth of water/mud that is 2" below the Vehicle's seat bottom.

RENTER SAFETY TERMS AND RELEASE:

1. I agree that I will wear proper safety equipment when operating the Vehicle(s).
2. I agree that I will be the ONLY operator of the Vehicle.
3. I agree never to exceed the stated occupancy (occupants = drivers + passengers) of the Vehicle.
4. I agree that I will not consume alcohol, drugs, or ingest any substances that could/would adversely affect my ability to operate the Vehicle responsibly and safely.
5. I agree to always operate the Vehicle in a safe and responsible manner while obeying all posted speed limit signs and park rules.
6. I agree to operate the Vehicle solely on designated, published trails and service roads within Brushy Mountain Motorsports Park.
7. I agree to NOT TRESPASS on any property where I am not allowed to operate the Vehicle on.
8. I agree to avoid driving in any areas I do not believe I have the skill to operate in.
9. I agree that I have been thoroughly briefed on how to safely operate the rental Vehicle and/or I have established myself as an experienced operator before Moto Essential LLC or Brushy Mountain Motorsports staff.
10. I hereby forever Release and Discharge Moto Essentials LLC, its owners, representatives, affiliates, officers, employees, managers, members, agents, successors and assigns (Released Parties) from any and all liabilities, strict liability, claims, damages, punitive damages, property damages, actions or causes of action that I, or anyone operating a vehicle rented by me, may have for any injury or damage suffered or claimed to be suffered, or death which arises out of, is related to, results from, or is caused in whole or in part by the rental of a Vehicle by Moto Essentials LLC at Brushy Mountain Motorsports Park or my participation in recreational activities at Brushy Mountain Motorsports Park. This release shall expressly include, but not be limited to any claim that an act or omission was caused in whole or in part by the NEGLIGENCE of one or more of the Releases Parties, or by hidden, latent or obvious defects at the premises, or products or equipment owned or rented by Moto Essentials LLC.
11. I agree NOT to take any equipment owned by Moto Essentials LLC over any jumps to include but not limited to the motocross track.

RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE. The Renter shall be responsible to inspect each Vehicle and note any damages or imperfections in writing on this contract prior to leaving the check-out. Any damages will be charged to the Renter immediately upon final inspection of the vehicle. If Vehicle is too dirty to assess its condition at the time of check-in, final inspection will occur after Vehicle has been thoroughly cleaned by rental facility. If damages are found during the final inspection, the full cost to repair said damages will be charged to the Renter's credit card. Upon the request of Renter, a full report of all damages and additional charges assessed will be provided.

Renter acknowledges and Agrees to the following terms and conditions related to Damages, check in and Check Out:

I agree that a $25.00 cleaning fee will be deducted from the security deposit for any Vehicle that is returned without being washed.

I agree to return each Vehicle rented in the EXACT same condition it was in upon check-out. It is my responsibility to inspect the vehicle prior to leaving check-out, and to report and confirm any pre-existing imperfections in writing on this agreement. I agree that ANY and ALL damages/losses (including frame damage or submerging resulting in a total loss) sustained to the Vehicle(s) during the rental period are my responsibility and are to be paid for by ME, the Renter. If damages/losses are greater than the security deposit, ($200) I agree to pay for said damages/losses/penalties that exceed the security deposit, as determined by Moto Essentials LLC. I agree that I will be charged for all damages above the security deposit and up to the FULL RETAIL VALUE OF THE VEHICLE When it was purchased. My responsibility to pay for all damages as described above shall survive and continue until paid if not fully satisfied by my credit card.

I agree that I will NOT submerge the Vehicle in rivers, mud-holes, swamps, water-basins or any other body of water beyond the Vehicle's designed capabilities. If upon inspection it is determined, in the sole discretion of MOTO ESSENTIALS LLC, that the unit has been submerged, I agree to purchase the Vehicle at Full Retail Value for a new vehicle substantially similar to the Vehicle. (YOU SUBMERGE VEHICLE - YOU BUY IT. NO EXCEPTIONS)

I ACKNOWLEDGE THAT MY CREDIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT,

DEPOSIT OR SECURITY, AND I AUTHORIZE MOTO ESSENTIALS LLC TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT MOTO ESSENTIALS LLC INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, I AUTHORIZE MOTO ESSENTIALS LLC TO RE- INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM ME.

I understand that If the vehicle I have rented is damaged, breaks down or for any reason becomes undrivable due to my fault, as determined by Moto Essentials LLC, the damage deposit will be held, an assessment of damages will be made, and I will be responsible for all damages rendering the vehicle undrivable. There will be no replacement, and the reservation will be considered canceled, and all money paid will be forfeited including and up to the full deposit paid if the damages warrant such.

I agree that if the vehicle I have rented is involved in a rear end collision, where I hit the vehicle in front of me, I shall be responsible for all damages to any and all vehicles involved including that of any chain reaction damaging vehicles beyond the immediate rear end collision. I further understand that there will be no replacement, and the reservation will be considered canceled, and all money paid will be forfeited including and up to the full deposit paid if the damages warrant such.

I understand that If the vehicle I have rented is damaged, breaks down or for any reason becomes undrivable due to no fault of mine, as determined by Moto Essentials LLC, Moto Essentials LLC will attempt to replace the vehicle in a timely manner whenever possible. If Moto Essentials LLC is unable to replace the vehicle, Moto Essentials LLC will either reschedule the reservation or refund the deposit and rental fee.

I agree to ALWAYS wear a DOT-APPROVED HELMET and EYE PROTECTION WHILE OPERATING ANY VEHICLE I RENT FROM MOTO ESSENTIALS LLC. I acknowledge and agree that wearing protective equipment reduces my risk of injury, however, it does not in any way guarantee my safety. I agree to utilize my personal safety equipment or rented equiptment. I agree to return all safety equipment rented in the SAME condition it was in upon rental check out date. I agree that any damages or losses to equipment will be charged to my credit card and/or deducted from security deposit at the cost of replacement.

Refund Policy Terms and Release

I acknowledge and agree that rental reservations are rain-or-shine unless the park is closed. THERE ARE NO REFUNDS FOR CANCELLATIONS OCCURRING 48 hours or less before the rental date- the full rental amount will be charged to Renter. (NOTE:

MECHANICAL FAILURE NOT CAUSED BY OPERATOR), I am REQUIRED to contact Moto Essentials LLC immediately. Failure to make contact will delay or forfeit any possible refunds. Depending on availability, Moto Essentials LLC will then replace the Vehicle. If it is disabled and cannot be replaced due to lack of available Vehicles in fleet, a refund for the remaining hours of the rental day and the remainder of the rental period will be issued. If personal injury occurs during the rental period, Moto Essentials LLC is not responsible and has no obligation to issue any refunds for any rental time remaining. Moto Essentials LLC is not responsible for personal emergencies therefore no refunds will be issued.

Non-Alteration Agreement

All Vehicles supplied by Moto Essentials LLC are properly maintained for efficient and safe operation. Operator is not allowed to perform any type of maintenance or mechanical work on Vehicle. Failure to comply with these rules will result in partial or full forfeiture of operator's security deposit on Vehicle.

Security Deposit

Moto Essentials LLC may use your security deposit to pay any amounts and fees owed to us under the rental agreement. Any fees we incur in collection of a damaged Vehicle will be at the expense of the Renter to include but not limited to any court fees, attorney fees or other such fees in connection with the collection of the debt owed.

Loss Of Use

"Loss of use" means the loss of Moto Essentials LLC's ability to use the Vehicle for rental purpose due to damage to or loss of the Vehicle during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, multiplied by the daily rental rate, up to the replacement cost of the Vehicle. You have entered into a contract for the rental of the Vehicle and any loss of use of Vehicle by Moto Essentials LLC will be charged to you and accrued, with interest, until such time Moto Essentials LLC is rendered payment in full.

Theft

Renter is responsible and shall pay all costs related to the Theft of the Vehicle, including loss or use, repair and or replacement. Renter shall be responsible and shall pay for any fees related to the Theft of the Vehicle including, but not limited to: reasonable administration costs, associated legal fees, and any other fees related to the Theft, inclusive of loss of use.

This is the full extent and understanding of this Agreement which cannot be waived or modified except in writing that both parties have agreed to and executed.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

1. Each person participating in the Activity (defined below) or purchasing admission into Brushy Mountain Motor Sports Park and renting from Moto Essentials LLC is referred to as "Participant." I, the undersigned, am a Participant and, if a Participant is under 18 years old, I am the minor/child/infant Participant's parent or legal guardian and am responsible for the actions of the minor. I understand that participating in off road sports, racing competing, training, hiking, sightseeing, cycling, trail running, camping, using freestyle or terrain park features, participating in other recreational activities, renting equipment and using parking lots, walkways, stairs, cabins, lodges, restaurants, and the premises in general, for any purpose (the "Activity"), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.
2. I understand the dangers and risks of the Activity and that the Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity, including those of an OHV to include but not limited to ATV, UTV, Side × Side and/or, Dirt Bike driver and/or rider (as may be defined by statute or other applicable law) and/or other activities offered by Moto Essentials as a participant.
3. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Tipping or loss of balance of the OHV; icy, slick or uneven surfaces; collisions with natural or man-made objects, other people, other OHV's and/or other motor or non-motorized vehicles; bumps; ruts; bare spots; thin cover; tree stumps, roots and branches; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged or mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of Participant, employees, or other guest to act safely or within their own ability including failure to stay within designated areas and comply with signage; falling dirt, rocks, snow or ice from natural or man-made sources; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from elevated areas; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; Participant's health condition, physical exertion, exhaustion, dehydration, potential hypothermia, and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
4. Participant shall not operate any OHV or motor vehicle while impaired by any substance, prescription medication, Illegal substance and/or alcohol. Participants may not consume alcohol or any intoxicating substance before or while operating any vehicle.
5. Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding and complying with all signage, including instructions on the use OHV's or other off-road vehicles. Furthermore, Participant warrants that any OHV brought to Brushy Mountain Motorsports Park is in safe operating condition. Participant must have the physical dexterity and knowledge to safely drive or ride any off-road vehicle and must be of legal age to do so. I further understand that regular construction, maintenance, logging, and landscaping may be underway anywhere at any time, and that other OHV’s, earth moving equipment, construction equipment, landscaping equipment, and/or logging equipment may be encountered.
6. In consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ON MY BEHALF AND/OR ON THE BEHALF OF ANY MINOR/CHILD/INFANT OR OTHER PARTICIPANT I AM SIGNING AS PARENT OR GUARDIAN OF, ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE MOTO ESSENTIALS LLC, OR BRUSHY MOUNTAIN MOTORSPORTS PARK along with each of their affiliated companies and subsidiaries, owners/operators inclusive of any partners, managers, affiliates, land owners, activity operators, the equipment manufacturers, and each of their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a "Released Party") FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT'S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY'S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.
7. In consideration for allowing the Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

THE RELEASE AND WAIVER OF CLAIMS CONTAINTED HEREIN ARE BINDING ON MY FAMILY, HEIRS, SUCCESSORS, PERSONAL REPRESENTATIVE, ASSIGNS, AND AGENTS.

1. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS' FEES, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT'S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
2. I agree that any and all claims for loss, injury and/or death arising from the Participant's participation in the Activity shall be governed by the law of the State of North Carolina and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State of North Carolina.
3. If Participant rents equipment, I agree to accept the equipment rented "AS IS", accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. I have not made any misrepresentations with regard to Participant's height, weight, age and/or ability level and represent that Participant will be the only person using the equipment. I UNDERSTAND that it is not possible to predict every situation that may arise. I agree to assume and accept any and all known and unknown risks of injury to Participant while using this equipment.
4. I understand that this Agreement will apply for each and every day Participant engages in any Activity. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on Participant and I as well as our assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.
5. BY SIGNING ON BEHALF OF A MINOR/CHILD/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT'S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/CHILD/INFANT PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian's signature, I represent, under penalty of fraud that I am at least 18 years old.
6. I agree that, as the person signing on behalf of a minor/child/infant or other participant, I agree that I will indemnify and hold the Released Party as defined above harmless from any liabilities whether to the participating minor or to others (including attorney fees and costs) resulting from or incident or the minor's involvement or participation in activities on and /or presence at Brushy Mountain Motorsports Park Facility and Moto Essentials LLC, to the fullest extent allowed by law
7. I represent that Participant is in good health and that there are no special problems associated with Participant's physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.
8. By participating in the Activity, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.

      I also understand and acknowledge that the Rental Fee is NON-REFUNDABLE