RENTAL AGREEMENT AND RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT
In consideration for the rental of Snowmobile(s) (as defined below) and/or other services or activities (the “Activities”) of Motor Toy Rentals, INC. (“MTR”), its owners, officers, employees, agents, representatives, parents, affiliated and related entities and enterprise (the “Released Parties”), the undersigned, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agrees as follows:
1. Rental- No Warranty. I hereby rent from MTR a snowmobile and/or equipment for a limited period of time upon the terms and conditions herein. The Released Parties make 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 the Snowmobile or any other equipment covered by this Agreement. Lessor acknowledges and accepts any vehicle or equipment provided by the Released Parties in its “as is” condition with all faults.
2. Inherently Dangerous Activity. I understand and acknowledge the inherent risk of serious injury or death involved in the use of the Snowmobile and/or participating in the Activities, including but not limited to, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents, contact or collision with other persons or natural and/or manmade objects; dangers arising from adverse weather conditions, including extreme temperature, high wind and/or other inclement weather, dangers arising from variations and imperfect conditions in terrain and surface, including trees, logs, stumps, rocks, bumps, ditches, culverts, barriers, bridges, fences and other forms of natural and/or manmade objects; encounters with wildlife; mechanical or equipment problems or failure; unavailability of immediate medical attention in remote areas; and other undefined risks and dangers, both known and unknown.
3. Limitation of Use and Responsibility for Loss or Damage. I agree that only the person(s) signing this agreement or otherwise identified herein will operate the Snowmobile, other vehicle(s), or equipment and that passengers will not be carried on any Snowmobile not designated for such use. No drivers under the age of fifteen (15) years will be permitted to ride under and circumstances. Should any undersigned person, any minor under my control, or any person with permission of any undersigned person operate the Snowmobile, other vehicle(s), or equipment in such a manner or fail to exercise adequate care of the same so as the result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for any and all such theft, loss or damage. I agree to pay for such loss and/or damage. I also agree to pay for the loss of use of any Snowmobile, other vehicle(s), or equipment damaged by myself or other riders, at the full day rental rate for each day from the date of damage until such vehicle or equipment is repaired and replaced, not to exceed fourteen (14) days. I hereby authorize MTR to charge the credit card provided in this Agreement for any and all additional rental, damage and loss of use charges that I may incur under the terms of the Agreement;
4. Assumption of Risk. I agree and acknowledge that my participation in the Activities is voluntary and that I assume all risks arising out of or relating to the condition, possession, and use of the Snowmobile and/or participation of the Activities, including but not limited to those listed in Paragraph 1 above, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF THE RELEASED PARTIES, or others, and assume full responsibility for the use, possession, condition and participation therein;
5. Representation and Warranties of Participant. I represent and warrant that I am in good health and in proper physical condition to participate in the Activities and I am willing to assume the risk of any medical or physical condition I may have and I am not under the influence of drugs (illicit, prescription or otherwise) or alcohol which would in any way impair my ability to safely participate in the Activities. Agree that is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities. Further, I represent and warrant that I have adequate insurance to cover any injury or damage I may cause or suffer to myself or others while participating in the Activities, or that I agree to bear the cost of such injury or damage.
6. Compliance with Instructions, Rules and Regulations. I agree to comply with the instructions of the Released Parties, as well as comply with any stated and/or customary rules or regulations for participation in the Activities as may be required by the Release Parties. I also agree to comply with any posted signs or directions during my participation in the Activities.
7. Waiver and Release. I, for myself and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns HEREBY FULLY RELEASE, WAIVE AND DISCHARGE the Release Parties from any and all claims, demands, losses, expenses (including attorneys’ fees), liability, disability, death or loss or damage to person or person or property associated with use of the Snowmobile and/or presence or participation in the Activities, WHETHER ARISING OUT OF THE NEGLIGENCE AND/OR GROSS NEGLGENCE OF THE RELEASED PARTIES OR OTHERWISE.
8. Indemnification and Hold Harmless. I, for myself and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns HEREBY FULLY RELEASE, WAIVE AND DISCHARGE the Released Parties from any and all claims, demands, losses, expenses (including attorney’s fees), liability, disability, death or loss or damage to person or property associated with use of the Snowmobile and/or presence or participation in the Activities, WHETHER ARISING OUT OF THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF THE RELEASE PARTIES OR OTHERWISE.
9. Attorneys’ Fees. In the event any party employs legal counsel to enforce any covenant of this Agreement, or to purse any other remedy on default as provided herein, or by law, the substantially prevailing party shall be entitled to recover all reasonable attorneys’ fees other necessary expert witness fees and all other costs and expenses not limited to court action. Such sum shall be included in any judgment or decree entered.
THIS IS AN IMPORTANT LEGAL DOCUMENT, BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THE ABOVE AGRREMENT, UNDERSTAND ITS TERMS, AND HAVE BEEN GIVEN AN OPPORTUNITY TO OBTAIN LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS AGREEMENT.
Dated: ______
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Print Name Age Signature
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Print Name Age Signature
FOR PARENT/LEGAL GUARDIAN OF PARTICIPANTS OF MINORITY AGE
This is to certify that I, as parent/legal guardian for the above participant, do consent and agree to his/her release as provided above of the Released Parties, and for myself, my child, our heirs, assigns, next of kin, and personal liabilities incident to my minor child’s presence or participation in Activities as provided above, EVEN IF ARISING FROM THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF THE RELEASE PARTIES, to the fullest extent permitted by law.
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Print Name of Parent/Guardian Signature of Parent/Guardian
DECLARATION OF FITNESS TO SNOWMOBILE
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Snowmobile activities: Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis, and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness.
I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if any injury is sustained of any kind during the course of Snowmobile activities, I will notify the Guide of the Snowmobile tour immediately and before disembarking from the unit.
I have read the above Declarations, understand them, and I agree to be bound by them.
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Print Name Age Signature
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Print Name of Minor Age of Minor Signature of Parent/Guardian
ABANDONMENT NOTICE
If you abandon the MTR rented Snowmobile for any reason; stuck, stalled, wrecked, driver gets lost, whatever the reason may be, if we have to retrieve/rescue the Snowmobile and/or rider(s), there will be a minimum retrieval fee of $250 for the first 2 hours, any time over the 2 hours is a minimum of $68 per hour/per person.
Initials: ______
Date: ______
C:\USER\HOME\DOCUMENTS\MTR\RENTAL FORMS\RENTAL PAPERWORK\SNOWMOBILE PAPERWORK.DOCX