Alpine Motorsports makes 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 any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by Alpine Motorsports in its “as is” condition with any and all faults. The undersigned hereby acknowledge that riding UTV’s in the sand dunes, mountains, deserts, and other terrains is an inherently dangerous activity, with a high risk of serious bodily injury or death to the driver, passengers or others. Alpine Motorsports strongly encourages any renter and other riders to have medical insurance prior to engaging in this activity. Alpine Motorsports does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my intention to give up those rights and in good faith to relieve and release Alpine Motorsports of any duty legally owed to me in relation to the conduct of this activity and the rental of this UTV.
The rental requires a $2,500 deposit, in the form of a credit card hold. If the UTV and all other rented or included items are returned without any damage hold will be canceled.
Renter understands by executing this agreement that the only insurance provided them is the insurance purchased by renter through MBA insurance.
GENERAL OPERATION RULES
- Only adult riders who have signed the Rental Agreement and Waiver of Liability, who are at least 18 years of age and have a valid driver’s license, shall operate any UTV or other rental vehicle.
- A helmet and eye protection must be worn at all times while operating a UTV. Additionally, wearing gloves, long pants, long sleeve shirt or jacket, and over the ankle boots will greatly reduce risk of injury.
- Obey all posted signs. Do not ride faster that posted speed limits. Our UTV’s are licensed to operate on the streets and highways, however; the maximum speed is 45 MPH, the posted speed limit, or witch ever is less. When driving on the streets UTV must operate on the far right side of the road.
- Only four persons (one operator and three passengers) allowed per UTV.
- Ride within your limits, at your current skill level, NO JUMPING!
- Do not participate in any race or other contest involving UTV’s or other vehicles.
- No alcohol, narcotics, or any substance consumption that may hinder the operators handling performance before or during use and possession of rented ATV or other vehicle and equipment.
- Do not park and leave vehicle or equipment unattended.
- In case of breakdown call (435) 691-2100. Do not leave a disabled vehicle alone at any time.
- Vehicle will be returned by end of rental time or be charged $150 per hour until returned.
- UTV must be returned full of fuel. Only 91 octane or higher fuel may be used.
TERMS AND CONDITIONS (READ THIS CAREFULLY!)
- RULES OF OPERATION. I agree to follow and be bound by the General UTV Operation Rules listed above and made part of this agreement.
- DEFINITIONS. “Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the renter on the reverse, 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 Alpine Motorsports. “Authorized Driver” means the renter, and any additional driver listed on this Agreement, provided that each such person has a valid drivers license and, is at least 18 years of age. “Vehicle” means the UTV identified in this agreement and any UTV se substitute for it, and all its tires, tools, accessories, equipment, keys, trailers, straps, and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by any means whether accidental or not, while in the passion of the renter. “Loss of use” means the loss of our ability to use the vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times the daily rental rate.
- 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 the 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 and your use of the Vehicle. 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.
- 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.
- RESPONSIBILITY FOR VEHICLE DAMAGE OR LOSS: REPORTING TO POLICE. You are responsible for all damage to 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 of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to the police and us as soon as you discover them.
- 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 more than 3 total passengers; (e) in any race, speed test or contest; (f) to carry dangerous or hazardous items or illegal material; (g) outside the United States, Canada or the geographic area indicated else=here in this Agreement; (h) 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, (i)after an accident with the Vehicle unless and until you summon the police to the accident scene.
- INSURANCE. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, 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 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 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.
- CHARGES. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) optional products and services you purchase; (b) fuel, if your return the Vehicle with less fuel than when rented; (c) applicable taxes; (d) 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, unless these expenses are our fault; (e) 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; (f) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) a 2% per month late payment fee, the maximum amount allowed by law (if less than 2%), on all amounts past due; (h) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; (i) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.
- DEPOSIT. We may use your deposit to pay any amounts owed to us under this Agreement.
- YOUR PROPERTY. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a motor vehicle of yours) 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 any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
- BREACH OF AGREEMENT. The acts listed in paragraph 6, above, are prohibited uses other Vehicle and breaches of this agreement. You waive all recourse against us for any criminal reports or prosecution that we take against you that arise out of your breech of this Agreement.
- MODIFICATIONS. No term of this Agreement can be waived or modified except by 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.
- 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 form 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.