UTV Rental Agreement

RENTAL AGREEMENT AND WAIVER OF LIABILITY

The undersigned hereby rent from ____PAUL AND SONS INC. DBA__ISLAND RIDERS___ the following described UTV or helmet for a limited period and time upon the following terms and conditions.

NO WARRANTY – NO INSURANCE PROVIDED INHERENTLY DANGEROUS ACTIVITY

PAUL AND SONS INC. DBA ISLAND RIDERS 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 PAUL AND SONS INC. DBA ISLAND RIDERS in its “as is” condition with all faults. The undersigned hereby acknowledge that riding UTVs on DESINAGTED ROADS and STREETS with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself. _PAUL AND SONS INC. DBA ISLAND RIDERS strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. PAUL AND SONS INC. DBA ISLAND RIDERS 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 further intention to give up those rights and in good faith to relieve and release PAUL AND SONS INC. DBA ISLAND RIDERS_ of any duty legally owed to me in relation to the conduct of this activity.

TERMS AND CONDITIONS

1. RULES OF OPERATION. I agree to follow and be bound by the General UTV Operation Rules made a part of this agreement.
2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate the rented UTV(s), or equipment. OPERATORS OF UTV(S) MUST BE 18 YEARS OR OLDER.  Should any undersigned person, any minor child under my control or any other person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any UTV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any UTV or other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of __$350.00 DAILY per day from the date of damage until repaired and replaced in rental service, not to exceed 7 days. I hereby authorize _PAUL AND SONS INC. DBA ISLAND RIDERS_ to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges I may incur under the terms of this agreement.
3. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any UTV or other equipment obtained from _PAUL AND SONS INC. DBA ISLAND RIDERS_, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified UTV or any other UTV and/or equipment received or obtained from _PAUL AND SONS INC. DBA ISLAND RIDERS .
4. WAIVER AND RELEASE OF CLAIMS. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever waive, release and discharge _PAUL AND SONS INC. DBA ISLAND RIDERS__, its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, losses, PAUL AND SONS INC. DBA ISLAND RIDERS expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above referenced UTV and any other UTV or other equipment received and/or obtained from PAUL AND SONS INC. DBA ISLAND RIDERS_. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.
5. COVENANT NOT TO SUE. I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against  PAUL AND SONS INC. DBA ISLAND RIDERS_ or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any PAUL AND SONS INC. DBA ISLAND RIDERS further claim or demand against PAUL AND SONS INC. DBA ISLAND RIDERS_ and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced UTV or any other UTV or equipment received and/or obtained from PAUL AND SONS INC. DBA ISLAND RIDERS_. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
6. IDEMNIFCATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold __PAUL AND SONSI NC.  DBA ISLAND RIDERS__, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above reference. UTV or any other UTV or other equipment received or obtained from __PAUL AND SONS INC. DBA ISLAND RIDERS_. The undersigned likewise shall indemnify _PAUL AND SONS INC. DBA ISLAND RIDERS__, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
7. PARTIAL INVALIDITY/CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of North Carolina.
8. EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.
9. ENTIRE AGREEMENT, NO ORAL MODIFICAITON. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of _PAUL AND SONS INC. DBA ISLAND RIDERS_.
10. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify _PAUL AND SONS INC. DBA ISLAND RIDERS and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of rafting equipment or my participation in rafting activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of _PAUL AND SONS INC. DBA ISLAND RIDERS_.
11. I, the undersigned, certify that I/we have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I/we execute it voluntarily in good faith and with full knowledge of its significance.

UTV RENTALS GENERAL OPERATION RULES

** Only adult OPERATORS 18 YEARS OLD OR OLDER; and authorized users under supervision  who have signed the Rental Agreement and Waiver of Liability (“Agreement”), MAY operate any UTV.

1. Do not operate any UTV or other vehicle in a reckless or dangerous manner.
2. Obey all posted signs. Do not ride faster than posted speed limits.
3. Do not carry persons other than what the machine is designed for.
4. Ride at your current skill level. Don’t push your limit. Be careful!
5. Do not ride off designated streets and roads. This includes areas posted DO NOT ENTER or posted Private Property.  NO OFF-ROADING ALLOWED! NOEXCEPTIONS!
6. Any UTV Rollover requires a minimum $_1,000.00_payment. No Exceptions.
7. Do not participate in any race or other contest involving UTVs or other vehicles.
8. Do not tow other UTVs or other vehicles and do not have them tow you and your rental UTV or other rental vehicles. Call the ___ISLAND RIDERS_ office!
9. No alcohol or illegal drugs consumption before or during use and possession of rented UTV or other vehicle and equipment.
10. Be aware of other riders and vehicles. Slow down when approaching a blind corner. REMEMBER JUST LIKE MOTORCYCLES OTHER MOTORISTS MIGHT NOT SEE YOU!
11. Do not park and leave vehicle or equipment unattended with keys accessible. 
12. In case of a breakdown or emergency, call __ISLAND RIDERS_ and speak with an employee. Do not leave a disabled vehicle alone at any time. Additional rental time will be allocated for time lost due to a   breakdown for the rider of the down vehicle only.
13. Vehicles are to be returned on time, or additional fees will be charged. 
14. There are no refunds for early returns.
15. There are no refunds if it rains.
16. UTV Rentals are to be returned with a full tank of either 91 or 93 octane gas. Please Provide receipt.  Failure to do so will result in additional fees. 

EMERGENCY PHONE NUMBER: 910-934-0178 OR 910-934-0179