MOTOVERMONT, LLC Motorcycle Rental Agreement Terms and Conditions 1. Definitions: "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter or anyone who has been designated as a Passenger on the other attached documents, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the independent motorcycle dealer named in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle or scooter driver's license and is at least 25 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" or “Motorcycle” means the motorcycle/scooter/ATV identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories including GPS [if applicable], equipment, keys and vehicle documents. "Loss of Use" means tine loss of our ability to use the Vehicle for any reason due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, You and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times 80% of the daily rental rate, which You and we agree represents a reasonable estimate of actual damages and not a penalty. "Diminished Value" means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement. “Passenger” means anyone who is riding the motorcycle with you at any time during the term of this Agreement. 2. Rental Indemnity and Warranties: This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to You, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental, your use of the Vehicle or any liability that might arise as a result of you having a Passenger on your motorcycle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. (See also Paragraphs 19) 3. Condition and Return of Vehicle: You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that You received it, except for ordinary wear. If the Vehicle is returned after closing hours, You remain responsible for the loss of and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels and return the Vehicle with as much fuel as when rented. 4. Responsibility for Vehicle Damage or Loss: Reporting to Police. You are responsible for all damage to or loss of the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not You are at fault. You are responsible for theft of the Vehicle, Loss of Use, Diminished Value and a reasonable charge to cover our administrative expenses connected with any damage claim, You must report accidents or incidents of theft and vandalism to us and the police as soon as You discover them. If you have obtained an insurance policy from Us, you will also be responsible for all deductibles unpaid by such insurance policy or any applicable deductibles that result from your own personal or other type of insurance policies. 5. Prohibited Uses: The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used by anyone other than You. You will not operate the Vehicle: (a) while under the influence of any drug or alcohol; (b) if You obtained the Vehicle by giving us false, fraudulent or misleading information; (c) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (d) to carry a person other than You, unless the passenger is over 18 years of age, has signed this Agreement, and is wearing the required Protective Gear (see item 17 below). (e) in any race, speed test or contest; (f) to carry dangerous or hazardous items or illegal materiel; (g) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (h) on any trail or area not deemed a legal public road; (i) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect You to know that further operation would damage the Vehicle; or, (j) after an accident with the Vehicle unless and until You summon the police to the accident scene; (k) allowing a Passenger to ride on your motorcycle who has not signed and acknowledged our MOTORCYCLE RENTAL RELEASE OF LIABILITY FOR ALL RENTERS AND PASSENGERS Form. 6. Insurance: You are responsible, in full, for all damage or loss You cause to others (excepting those amounts covered by your insurance and which are paid by them. You agree to provide liability, collision and comprehensive insurance for the Vehicle, and Us. Your insurance is primary to any insurance that we may provide, if we are required by law to provide liability insurance, we will provide a liability insurance policy (the "Policy") that is in excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. You and We reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. 7. Charges: You will pay us, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that You keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) optional products and services You purchased; (c) fuel, if You return the Vehicle with less fuel than when rented; (d) applicable taxes; (e) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if You fail to pay a traffic or toll charge to the charging authority, You will pay us all fees owed to the charging authority plus out-administrative fee of $50 for each such charge; (f) all expenses we incur in locating and recovering the Vehicle if You fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from You or otherwise enforcing our rights under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (I) $50 or the maximum amount permitted by law, whichever is greater, if You pay us with a check returned unpaid for any reason; and 0) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented. 8. Deposit: We may use your deposit to pay any amounts owed to us under this Agreement. 9. Your Property: You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 10. Breach of Agreement: The acts listed in paragraph 5, above, are breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against You that arise out of your breach of this Agreement. 11. Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. If You wish to extend the rental period, You must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between You and us. All prior representations and agreements between You and us regarding this rental are void. 12. Miscellaneous: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from You or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. 13. Storage: We will provide storage for your luggage, airline tickets, and other valuables, as well as parking for your personal vehicle free of charge for the duration of your rental; however, this will be at your risk and you and your agents and assigns understand that We will not be held liable by You for any damages or loss of any of these aforementioned items. 14. Fuel and Oil: Fuel and oil costs are your responsibility. We claim no responsibility for motorcycle fuel/oil consumption and mileage. 15. Maintenance Responsibility: You are responsible for checking engine oil levels at each refueling and reporting mechanical failures immediately. You may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to provide normal maintenance. You agree to immediately notify us if You feel any aspect of the vehicle to be unsafe. 16. Condition of Motorcycle: We state that to the best of our knowledge and belief that above-described motorcycle is in sound and safe condition and free of any known defects or faults that would affect its safe operation under normal use. We and You have inspected the motorcycle and it is in good working order and free of damage or any defects other than those noted below. 17. Protective Gear: We strongly encourage that You wear full motorcycle protective gear while operating this motorcycle. You understand that You (and passenger) must wear boots, motorcycle gloves and DOT approved helmets at all times while using or operating the Vehicle. The insurance provided to You with this Rental does not cover injury beyond state required minimum amounts. You will operate the Vehicle with reasonable precaution for the safety of yourself, others, the equipment and the environment and will at all times comply with applicable State and County motor vehicle laws and regulations. It is your responsibility to ensure that the Vehicle can legally be operated in the areas where You use the Vehicle. 18. Credit Card Authorization: You authorize Us to charge your credit card for the charges as set forth above or resulting from any of the provisions of this Agreement, for any additional rental charges unpaid at time of pickup, for any additional charges upon return of the motorcycle, and for any parking fines and any moving or toll violations incurred by You while using the Motorcycle. We may also charge your account for the deposit required for this rental. If, for any reason, the credit card does not cover the total amount of these expenses, then You agree to pay such expenses and render such payment immediately upon being billed for these services. 19. Other Warranties: YOU UNDERSTAND THAT EXCEPT FOR THE ABOVE DESCRIPTION OF THE MOTORCYCLE, WE HAVE NOT MADE, DO NOT MAKE, AND DISCLAIM ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTORCYCLE, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, CONSEQUENTIAL OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE MOTORCYCLE, ITS DESIGN, MANUFACTURE, REPAIR, OR ITS USE, OPERATION OR FAILURE TO OPERATE, MAINTENANCE OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE MOTORCYCLE.
You are responsible for all collision damage to the Vehicle, even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the Vehicle, towing, storage, and impound fees. Your own insurance may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company to find out about your coverage. You authorize up to $2500 on credit or debit card as the deposit to cover insurance deductible and vehicle recovery costs.
RELEASE OF LIABILITY AND WAIVER OF RIGHTS Activity: Motorcycle Rental BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MOTOVERMONT, LLC, A VERMONT LIMITED LIABILITY COMPANY ("MVT"). I desire to participate in the activity described above (the "Activity"), including, without limitation, to drive or be a passenger in any motorcycle or vehicle owned by MVT, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. In consideration of being permitted to participate in the Activity and in recognition of the MVT's reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver"), including all the Covenants and Agreements listed in this Release and Waiver ("Covenants and Agreements"). This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between MVT and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction). I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law. I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME. I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF MVT IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO DRIVE ANY MOTORCYCLE OR VEHICLE PROVIDED BY ME, MVT, OR OTHER PARTIES.
COVENANTS AND AGREEMENTS I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows: ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the roads/trails, equipment, or vehicles. I may be exposed to a variety of unique riding conditions, including: excessively curvy, tight, and technical mountain roads, the possibility of sand, gravel, or debris on the pavement, and potentially various forms of precipitation. I may encounter other riding conditions and roads that I have not traveled before, and have no prior knowledge of. I am aware that use of and reliance on a GPS system may divert attention away from critical traffic situations, road hazards, or changes in road conditions. I understand that technical malfunctions or errors in the GPS system can lead to incorrect route guidance, which may direct me onto unfamiliar or unsuitable roads that pose unexpected challenges or dangers. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks. RELEASE FROM LIABILITY. I fully and forever release and discharge MVT and its respective affiliates, members, managers, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as "MVT") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of MVT. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other actions that Applicable Law does not permit to be released by agreement. INDEMNITY. I will defend, indemnify, hold harmless, and reimburse MVT from and for all damages, losses, costs, or expenses (including legal fees) incurred by MVT or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse MVT if anyone makes a claim against MVT in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against MVT, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold MVT responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of MVT. MEDICAL EXPENSES. I hereby consent to receive medical treatment that may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity. I understand that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless MVT from any claim based on such treatment or other medical services. REPRESENTATIONS. I am over 25 years of age and I have a valid driver's license with a motorcycle endorsement that was issued to me more than one year ago. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a Motorcycle or otherwise participate in the Activity. I have never been refused automobile insurance coverage or had special conditions imposed. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. COVENANTS. I will follow any and all instructions, recommendations, and cautions of MVT at all times during the Activity, including, without limitation, in respect of my operation of any motorcycle or vehicle at the Activity or other participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all motorcycles and vehicles at the Activity in a safe manner and will observe all traffic laws. I will not operate or be a passenger in any motorcycle or vehicle at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair my ability to operate or ride in a vehicle. PUBLICITY. I hereby grant MVT, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MVT.
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