Terms and Conditions/ Liability Waiver

UTV/ATV RENTAL AGREEMENT AND WAIVER OF LIABILITY:
The undersigned hereby rent from SQUATCH UTV RENTALS LLC. the following described all-terrain vehicle, Utility task vehicle (ATV/UTV) for a limited period of time, upon the following terms and conditions.

RENTERS INSURANCE /DAMAGE & DEPOSIT – Each driver must purchase $15.00 Renter’s insurance. NO EXCEPTIONS. Each rented vehicle will require a $1500.00 refundable damage deposit. The main driver of each rented vehicle must provide a valid driver's license and credit/debit card at check-in.
and allow SQUATCH UTV RENTALS LLC. to charge a $1,500.00 refundable deposit. If the machine is damaged during the ride, the renter is responsible for the cost of repairs (parts, labor, loss of use, etc.) up to a maximum of $5000.00. The full deposit amount ($1,500.00) must be available on the credit card at the time of reservation, or the reservation will be canceled with NO REFUND. The deposit amount will be fully refunded upon return of the vehicle so long as there are no damages, unless other charges are required.
CANCELLATIONS – Customers will receive a full refund or credit with 7 DAYS notice of cancellation minus a $75.00 cancellation fee. No refunds for cancellations with less than 7 DAYS notice. Customers will receive a full refund or credit in case of SQUATCH UTV RENTALS LLC Cancellations for unforeseen circumstances. Contact us by phone to cancel or inquire about a cancellation. There is a $50.00 Fee for every 30 mins the vehicle is late returning.                           

NO WARRANTY - NO INSURANCE PROVIDED INHERENTLY DANGEROUS ACTIVITY SQUATCH UTV RENTALS LLC. 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
Squatch UTV Rentals LLC. in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTVs on National Forest trail systems and SQUATCH UTV RENTALS LLC. property and all other roads with other vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself. SQUATCH UTV RENTALS LLC. strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. SQUATCH UTV RENTALS LLC. 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 SQUATCH UTV RENTALS LLC. 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 ATV/UTV Operation Rules made a part of this agreement. No alcohol or drugs permitted in vehicle at any time. Vehicles are for off road use only. I agree to stay within designated trails and area. You must remain on marked trails. Do not take UTV on illegal trails or private land. Do not attempt to repair UTV in the event of a breakdown. Breakdowns should immediately contact Squatch UTV Rentals LLC. Please remain with the vehicle until help arrives. There is a $250.00 recovery fee.
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 ATV/UTV(s), other vehicle(s), or equipment and that passengers will not be carried on any ATV. Riders under the age of 18 years must provide SQUATCH UTV RENTALS LLC. with written consent from a parent or legal guardian. 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 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 ATV/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 ATV/UTV or other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of $75 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize SQUATCH UTV RENTALS LLC. 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 ATV/UTV or other equipment obtained from SQUATCH UTV RENTALS LLC, 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 ATV/UTV or any other ATV/UTV and/or equipment received or obtained from SQUATCH UTV RENTALS LLC..
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 SQUATCH UTV RENTALS, its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims,
demands, losses, 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 ATV/UTV and any other ATV/UTV or other equipment received and/or obtained from SQUATCH UTV RENTALS LLC. 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 SQUATCH UTV RENTALS
LLC. or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against SQUATCH UTV RENTALS LLC. 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 ATV/UTV or any other ATV/ UTV or equipment received and/or obtained from SQUATCH UTV RENTALS LLC. 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.INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold SQUATCH UTV RENTALS LLC, 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 referenced ATV/UTV or any other ATV/UTV or other equipment received or obtained from SQUATCH UTV RENTALS LLC. The undersigned likewise shall indemnify SQUATCH UTV RENTALS LLC, 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 Arkansas.
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 MODIFICATION. 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 SQUATCH UTV RENTALS LLC.
10. PARENTAL CONSENT. I am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed ATV/UTV or any other vehicle or equipment I may obtain from SQUATCH UTV RENTALS LLC. may be used and operated by such minor(s) in
accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement.
11. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify SQUATCH UTV RENTALS LLC. 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 SQUATCH UTV RENTALS LLC.
12. 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.

Renter’s Signature:_______________________

Date: ________________________

Renter’s Signature:_______________________

Date: ________________________

Renter’s Signature:_______________________

Date: ________________________

Renter’s Signature:_______________________

Date: ________________________