1. Definitions - "Agreement" means all terms and conditions found in these Terms and Conditions, the Face Page, the Agreement, the Waiver and Assumption of Risk, and any materials we provide that you sign at the time of rental.
"You" or "Your" means the person identified as the renter, any person signing this agreement, any authorized Driver and any person or organization to whom charges are billed to us at its or the renter's discretion.
"Authorized Driver" means the renter and any additional drivers listed by us on the agreement. Each driver and additional driver must have a valid operational driver's license for the type of vehicle rented and each driver MUST BE AT LEAST 21 YEARS OF AGE. Authorized drivers are the only drivers permitted to operate the Vehicle rented.
"Vehicle" means the motorized "power sport" vehicle identified in this agreement (e.g., UTV, ATV, motorcycle, dirt bike, golf cart, or similar vehicle or any vehicle we substitute for it. This also includes all tires, tools, accessories, equipment, keys and vehicle documents.
"Loss of use" means the loss of our ability to use the Vehicle for our purposes due to vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade and sell, or transportation for employees.
"Diminished Value" means the difference between the fair market value of the Vehicle before damage or loss during this rental after repairs as calculated by a third party estimate or expert obtained by us or on our behalf.
"Charges" means the fees and charges that are incurred under this agreement.
"Rental Period" means t he period between the time you take possession of the Vehicle until the Vehicle is returned to or by us or is recovered and checked in by us.
2. Warranties - We make no warranties that this vehicle is f it for a specific or particular purpose. You agree to hold us harmless in al l claims, liability, costs and attorney fees resulting from the use of this vehicle.
3. Condition and Return of Vehicle - You must return the Vehicle(s) to our rental location or to another agreed upon location on the date and time specified in our agreement in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must immediately check with the owner for availability and an additional written amendment will be processed before the specified return date including all additional charges. If you return the vehicle after closing hours, you will be responsible for any damage until we inspect it upon our next opening for business. Service to the vehicle or replacement of parts or accessories during the rental would need our approval. It is your responsibility to maintain and check fluid levels and return the vehicles with at least the same amount of fuel as when rented or additional charges will be applied.
4. Vehicle damage or loss; reporting to police - You are responsible for all damage to or loss or theft of the vehicle, including damage caused by weather, acts of God or terrain conditions. Subject to the law your responsibility will include:
(A ) all physical damage to the vehicle measured as follows: if we determine that the vehicle is a total loss the verify the fair market value of the vehicle, less salvage; if we determine that the vehicle is repairable: (a) the difference between the value of the vehicle immediately before the damage and the value immediately after the damage; Or (A) the reasonable estimated retail value or actual cost of repair plus diminished value; (b) loss of use, which is measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of loss of use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimates as follows, which you agree is reasonable: $0 - $250 damage equals $50 fee; $251 - $500 damage equals $75 fee; $501 - $750 damage equals $100 fee; $751 - $1500, damage equals $150 fee; $1501 - $2500 damage equals $200 fee; over $2500 damage equals $250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; And (e) all cost(s) associated with our enforcement of this agreement or collection of charges, including attorney's fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and to the police as soon as you discover them.
Liability insurance DOES NOT remove your responsibility!
5. Prohibited uses - the vehicle shall not be operated or used a by (a) anyone who is not an authorized driver, or by anyone who's driver's or other operator's license is suspended (b) by anyone under the influence of prescription or nonprescription drugs or alcohol (c) by anyone who obtained the vehicle or extended the rental by giving us false fraudulent or misleading information (d) for any illegal purpose (e) while pushing or towing anything or in any race, speed test or contest, or while teaching anyone to drive the vehicle (f) when the vehicles fluid levels are low or it is otherwise reasonable to expect you to know that further operation would damage the vehicle (g)to commit to willful wanton or reckless acts (h) by anyone sending an electronic message while operating the vehicle in violation of any rules of the road, vehicle safety and operations training, or other materials provided at the time of rental.
6. Insurance - you are responsible for all damage or loss you caused to the vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the vehicle. We also provide an insurance policy that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of this state. Any insurance we are required to provide is in excess of any other valid and collectible insurance whether primary, secondary, excess or contingent. The policy contains no exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no fault, uninsured and underinsured motorist coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; And (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the vehicle. Coverage under the policy is void if you give the vehicle to an unauthorized driver or
otherwise materially breach this agreement; Or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
7. Charges - you permit us to reserve or set aside against your credit/debit card or take a cash deposit at the time of rental a reasonable amount in addition to the estimated charges. We may use the reserve or deposit to pay all charges. We will authorize the release of any excess reserves or refund any excess deposit upon the completion of your rental. Your debit/credit card issuers rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer. You will pay us at or before the conclusion of this rental (a) time and mileage for the period during that you kept the vehicle (b) charges for additional drivers (c) optional products and services you purchased (d) fuel if you return the vehicle with less fuel than when rented (e) applicable taxes (f) tolls in parking traffic fees fines and penalties assessed against us or the vehicle and (g) all expenses we incur in locating and recovering the vehicle if you fail to return it to us at the agreed upon time. If you lose the keys to the vehicle you will be responsible for the charge of new keys.
8. Age Limit: All drivers must be 21 or older and provide a copy of their driver's license.
9. Additional Drivers: Any person planning to drive a rental UTV must fill out paperwork to be approved as a driver.
10. Cleaning Fee: A $65 Cleaning Fee will be charged for any equipment that is returned dirty or muddy.
11. Specific Features/Options: Specific features and options vary by unit. Units are determined and assigned at pick-up time.
12. Refueling Charge: All units must be returned with a full tank of gas. Any unit that needs refueling upon return will be charged a refueling fee.
** By checking the box above and signing below you are giving your consent/agreement to held and bound by the terms and conditions listed above.
