My sole remedy in the event of a failure or defect of the ATV/device is the termination of the rental fee at the time of the breakdown, provided that I immediately notify Park ATV or such an error. The off-road electronic rental car rental app offers a disclaimer, a list of general ATV operating rules, and terms and conditions. I agree to be financially responsible for any damage to the ATV or device that is not caused by normal wear and tear due to reasonable use, including, but not limited to, damage to other ATVs due to a collision. ”Normal wear and tear due to reasonable use” means only the normal deterioration of the equipment caused by ordinary, appropriate and appropriate use of the equipment. Damage that is not ”ordinary wear and tear caused by reasonable use” includes, but is not limited to: damage caused by tipping, overturning, collision with an object or person, breakage not due to ordinary and reasonable use, overloading or exceeding rated capacities; any other inappropriate, negligent or inappropriate use. I agree to be liable for all damages, up to the full cost of replacing the ATV/device and loss of rental income due to damage or loss of the ATV/device. I authorize Park ATV to transfer all such fees to my credit card account on file, regardless of the dispute resolution provisions set forth elsewhere in this Agreement. In the event that Park ATV pursues such fees through a lawyer, the attorney`s fees and expenses will be reimbursable. Enter Initials Initials Enter Your Initials:Change FontAccept InitialClearAccept InitialClearInitialEditING NOTE: Violation of any of the above may result in immediate termination of the ATV rental without refund. For other equipment rentals, check out this rental app. A waiver is required for all ATV drivers, whether they are driving the vehicle or a single passenger. While we hope for your rental and use of an ATV park, you acknowledge that there are other ATV rental options that may not require an agreement such as this waiver, and therefore you may engage in the same or similar activities outside of this agreement in other locations.
This waiver and the ATV Damages Agreement will both be in full force and effect, interpreted as a single related document, and may only be amended if signed in writing by all parties and are considered contractual arrangements and not mere considerations. Due to the possibility of an accident and injury, it is recommended that all drivers have adequate health insurance when driving an ATV. Park ATV rental and participation does not provide you with health, sickness or accident insurance, and medical expenses or related costs are in no way the responsibility of the park ATV When you rent ATV equipment for off-road adventures, you need a reliable way to collect credit card details, driver`s license numbers, departure time and deposits. The ATV rental app is easily accessible from your smartphone or tablet and generates an electronic form that replaces paper leases for your business. The ATV rental app can be easily modified to include your rental company`s operating rules for equipment, including specific details about vehicle safety, protection against damage caused by accidents, down payment amounts, property damage liability rules, and missed booking cancellation fees. Waiver and release details can be customized for your leases and help you ensure that all guests are properly informed of risks, terms and conditions, and ownership rules before renting an all-terrain vehicle from your company. Choice of Law/Mediation/Arbitration/Attorneys` Fees. This Agreement shall be construed in accordance with the laws of the State of Oregon applicable to agreements performed and fully performed in that state. In the event of a dispute between the parties, the parties agree to participate in good faith in at least two hours of mediation in accordance with the procedures of the American Arbitration Association or any other unanimously agreed dispute resolution body. All parties share equally in the costs of mediation. If mediation fails to resolve such a dispute, the parties hereby waive the right to sue in civil court and agree that the dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association or any other unanimously agreed dispute resolution organization/dispute resolution procedure.
The arbitrator does not have the power to commit (a) errors of law or reasoning, b) errors of fact, c) errors of law and fact. In addition, the arbitrator does not have the authority to make an arbitral award that (d) is not based on substantial evidence, (e) is based on evidence not presented at the hearing, or (f) is not in accordance with the substantive and procedural law of the State of Oregon. If the arbitrator exceeds any of the specific powers above, the award may be set aside or corrected by filing a motion under Oregon law with respect to arbitration. In reviewing the award, the Court acts as if it were a court of appeal in all respects, including but not limited to the scope of the review. The decision of the Court of Justice itself is subject to review by the courts of appeal. The successful party in the arbitration is entitled to reimbursement of reasonable costs and attorneys` fees. Application for exemption from the requirements for land transport vehicles (New Z. All ATV drivers under the age of 18 must sign an authorized parent or guardian before registration is accepted. I am aware that the use of ATVs can be dangerous, and I have nevertheless chosen to participate voluntarily as an ATV operator, in full knowledge, acceptance and care of all risks of bodily injury – whether for myself or for minors under my responsibility that I accept to be an ATV driver.
I agree that Park ATV will authorize my credit card for $500.00 as a deposit for possible damage to Park ATV vehicles. If the damage is greater than $500.00, I understand that I am financially responsible for these costs. It is neither practical nor possible to warn you of all the dangers associated with the use or maintenance of an ATV. As an ATV operator, you must exercise good judgment at all times. I acknowledge that I and the minor children in my care (if any) must act responsibly, prudently and prudently when riding an ATV, both during or near the ATV and in the vicinity of other ATVs in the area. Passenger transport: Pre-departure checklist (Taxi) Opera. I have read and understood this waiver/agreement and I agree to be bound by its terms and conditions and that its terms are binding on me with respect to the minors in my care. I acknowledge that I am not permitted to operate an ATV under the influence of drugs or alcohol, even with a hangover, or impaired in any way by substances or other conditions that may affect my judgment, reflexes or physical ability to ride an ATV in a safe and reasonable manner. With respect to your intention to rent and operate an all-terrain vehicle (”ATV”) from Park ATV Rentals, LLC (”Park ATV”) in the Oregon Dunes National Recreation Area (”the Dunes”): The following paragraphs confirm that you understand certain facts about ATVs and their operation, as well as the terms of your agreement with Park ATV with respect to your participation as an ATV operator, and the involvement of minors in your care.