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Galloping Goose Rental Agreement


 

 

 

 

112 East Main Street • Battle Lake, MN 56515 25287 Whitetail Lane • Glendalough State Park 218-282-1063 • 218-731-7181

www.GallopingGooseRentals.net

 

LIEN WAVER DISCLOSURE FORM

DAMAGE WAIVER CHARGE (DWC)

 0 % OF RENTAL CHARGE. RENTAL MAY, BY INITIALS HERON, DECLINE BENEFITS OF PARAGRAPH 16, DAMAGE WAIVER, ON REVERSE SIDE OF THIS CONTRACT. DWC IS NOT INSURANCE.

DECLINES X

 

PROTECTED PARTIES; LOMA ADVENTURES LLC AND THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES. IT IS HEREBY WARRANTED AND REPRESENTED THAT THE INDIVIDUAL SIGNING THIS AGREEMENT IS AUTHORIZED TO DO SO ON BEHALF OF THE CUSTOMER BE IT A CORPORATION, PARTNERSHIP, OR OTHER ENTITY. IT IS FURTHER UNDERSTOOD THAT THE RISK OF LOSS OF THE EQUIPMENT AS WELL AS ANY LIABILITIES WHICH MAY STEM THEREFROM AS IT MAY PERTAIN TO THE RENTER DURING THE TIME THAT THE CUSTOMER HAS POSSESSION OF THE EQUIPMENT STATED HEREIN, SAID RISK OF LOSS SHALL BE THAT OF THE RENTER.

STATE LAW REQUIRES CHILDREN UNDER 10 YEARS OLD TO WEAR A PROPERLY FITTED LIFE JACKET WHILE A BOAT IS UNDERWAY. UNDERWAY MEANS NOT SECURELY FASTENED TO A PERMANENT MOORING OR TIED TO A DOCK. A READILY ACCESSIBLE AND WEARABLE LIFE JACKET IS REQUIRED FOR EACH PERSON ONBOARD A BOAT, THIS INCLUDES CANOES, KAYAKS, STAND-UP PADDLEBOARDS, PADDLEBOATS, HYDRO-BIKES, AND ROW BOATS. THE MN. DEPT. OF NATURAL RESOURCES, DIVISION OF PARKS AND TRAILS FURTHER REQUIRES ALL PERSONS RENTING A BOAT DESCRIBED ABOVE, AT GLENDALOUGH STATE PARK TO WEAR A LIFE JACKET WHILE ONBOARD, ADDITIONALLY, HELMETS ARE REQUIRED FOR GLENDALOUGH STATE PARK BICYCLE RENTALS FOR CHILDREN UNDER THE AGE OF 16.

 

I have read and understand the terms and conditions on both sides of this agreement and certify that those printed on the other side are agreed to as if printed above my signature. There are no oral or other representations not included herein. Unless, declined, I also agree to the damage waiver charges. I have received a copy of this agreement.

 

Lessee’s Signature: X

September 29, 2022


1. DEPOSIT. Renter acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of renters obligations under the contract.

2. WARNING. The use of false or fictitious identification to obtain the equipment or the failure to return the equipment upon the expiration of this contract may be considered a theft, resulting in criminal prosecution.

3. POSSESSION/TITLE. Renters right to possession of the equipment terminates on the return date indicated on the front of this contract. Retention of possession after this date constitutes a material breach of this agreement.

Time is of the essence of this agreement. Any extension of this agreement must be agreed upon in writing. Title to the equipment is and shall remain in rental center. If the equipment is not returned and/or levied upon for any reason whatsoever, rental center may retake said items without further notice or legal process and use whatever force is reasonable necessary to do so. Renter here by agrees to indemnify, defend and hold rental center harmless from any and all claims and costs arising from such retaking. If equipment is levied upon, renter shall notify rental center immediately.

4. RECEIPT/INSPECTION OF EQUIPMENT. Renter hires the equipment on an “as is” basis. Renter acknowledges that he has personally inspected the equipment prior to its leaving the renal center (regardless of point of delivery) and finds it suitable for his needs. Renter acknowledges receipt of all items listed in this agreement in good working order and repair and that he understands its proper operation and use without further instructions regarding operation and use

from rental center. Renter acknowledges that he has had an opportunity to inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the equipment to renters vehicle, if any, and rental center declares that he has received the equipment in a secure and

operative condition.

 5. SOLVENCY. Renter represents to rental center that he is not insolvent and should he become insolvent, that, he will return all equipment to rental center immediately.

6. RENTAL PERIOD/RATE/PAYMENT. Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified on the “return date”.

Rental charges begin immediately upon delivery of the equipment to the location directed by the renter or upon equipment leaving rental center, whichever happens first. Rental charges end upon return of the equipment to rental center in an acceptable condition. If the equipment is returned prior to the end of the minimum rental period, the rental due shall be fro the entire minimum rental period. Rental center may terminate rental at any time and retake the equipment without further notice in case of violation by renter of any terms or conditions of this agreement. Renter agrees to pay any collection costs and attorney fees incurred in collection of this account or any dispute arising under this agreement. Rental rates are based upon single shift usage (8 hours per day, 5 days per week). If renter makes greater use of the equipment, it is agreed that the additional usage will be charged.

 7. ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage which is not “ordinary wear and tear” includes but is not limited to: damage resulting from lack of fuel or lubrication; failure to maintain proper oil, water, hydraulic or air pressure levels; damage due to overturning, overloading or exceeding rated capacities; improper use; abuse; lack of cleaning; tire damages. Renter shall be responsible for all damage not caused from “ordinary wear and tear”.

 8. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Renter agrees not to use of allow anyone to use the equipment of any illegal purpose or in any illegal manner. Renter acknowledges that rental center has no physical control over the use of the equipment. Renter agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations (including O.S.H.A.) which may apply to the use of the equipment during the rental period. Renter further agrees to pay licenses, fees, permits or taxes arising from his use for the equipment, including any subsequently determined to be due as a result of an audit.

Renter shall not allow any person who is not qualified to operate the equipment or use the equipment. Renter shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe

condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without the rental center’s written permission; or, allow a lien to be placed upon the equipment.

Renter agrees to check air pressure, clean and visually inspect the equipment at least daily and to discontinue use and immediately notify rental center when equipment is found to need repair or maintenance.

Renter acknowledges that rental center has no responsibility to inspect the equipment while it is in renter’s possession. If the equipment becomes unsafe or requires repair, renter shall discontinue using it and notify rental center immediately.

 9. RETURN OF EQUIPMENT. Renter agrees to return the equipment to rental center during regular business hours upon “return date” in as good condition as when received, ordinary wear and tear excepted.


10. SUBLETTING/LOCATION OF EQUIPMENT.
Renter agrees not to sublet, loan or assign the equipment. Renter shall not move the equipment from the address at which renter represented it was to be used.

11. DISCLAIMER OF WARRANTIES. Rental center makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the equipment is fit for renter’s particular intended use, or that it is free of latent defects. Rental center shall not be responsible to renter or any third party for any loss, damage or injury caused by, resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Rental center shall not be responsible for any defect or failure unknown to rental center. Renters sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided the renter notifies rental center immediately of such failure and returns the equipment to rental center within twenty-four (24) hours of such failure.

 12. DEFAULT. Should renter in any way fail to observe or comply with any provision of this agreement, renter center may, at his sole option exercise any and all of the following remedies:

(a)    Termination of this agreement.

(b)    Retake the equipment.

(c)    Declare any outstanding rent and charges due any payable and initiate legal process to recover the monies.

(d)    Pursue any of the remedies available to rental center (exercise of any remedy available to rental center shall not constitute an election of remedies or a waiver of any additional remedies to which rental center may be entitled).

13. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for rental center to retake the equipment, rental center may retake the equipment without further notice or further legal process.

14. ACCIDENTS, REPORTING AND INDEMNIFICATION. IN THE EVENT OF ANY ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING FROM USE OF THE EQUIPMENT WHILE IT IS IN RENTER’S POSSESSION, RENTER HEREBY EXPRESSLY AGREES TO ASSUME RESPONSIBILITY FOR HIMSELF, HIS OWN EMPLOYEES, AGENTS AND

AS SIGNS NEGLIGENCE AND AGREES TO INDEMNIFY, DEFEND AND HOLD RENTAL CENTER HARMLESS FROM ANY CLAIM OR ACTION ARISING THEREFROM, INCLUDING ANY COSTS AND ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH. RENTER AGREES TO NOTIFY RENTAL CARRIER IMMEDIATELY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE NAMES, ADDRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION FROM ALL PARTIES INVOLVED AND ALL WITNESSES.

 15. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of renter center to insist upon strict performance by renter as regards any provision of this agreement shall not be interpreted as a waiver of rental center’s right to demand strict compliance with all other provisions of this agreement against renter or any other person. The provisions of this agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.

16. DAMAGE WAIVER. By renter initiating acceptance of the Damage Waiver on the front of this agreement and with immediate notification in the event of any accident and the prompt submission of applicable police reports, rental center and renter agree that rental center will waive any claim against renter for direct physical damage to the equipment for any external cause, except as follows:

(a)  Any item of equipment or part thereof which is not returned for whatever

reason, including theft;

(b)  Loss or damage resulting from overloading or exceeding rated capacity of the equipment;

(c)  Loss or damage to motors or devices caused by artificial current;

(d)  Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other causes inherent in the use of the equipment;

(e)  Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the equipment or a shortage, disclosed on inventory;

(f)   Loss or damage caused by infidelity or renter, its employees, or persons whom the equipment is entrusted;

(g)  Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, lack of lubrication or other normal servicing of equipment;

(h)  Overhead damage and all damage resulting from overturning;

(i)   All damage or loss resulting form use of the equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation of operation in an improper manner;

(j)   Damage from dirtying of equipment by mud or any other material.

Renter is responsible for cleaning and

repainting as exercise all rights available to him under said insurance, take all action necessary to process such claim and renter further agrees to sign said claim any and all proceeds from such insurance shall be payable to rental center. Renter to provide rental center with complete information concerning insurance coverage carried.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
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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