fbpx

TERMS AND CONDITIONS – WAIVER OF LIABILITY – RENTAL AGREEMENT – PLEASE READ THIS CAREFULLY BEFORE signing –

– NO WARRANTY – NO INSURANCE PROVIDED – INHERENTLY DANGEROUS ACTIVITY –

BANDITS 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 PREVIOUSLY IDENTIFIED ACCEPT ANY VEHICLE OR OTHER EQUIPMENT PROVIDED BY BANDITS ATV AND BOAT RENTALS, LLC IN ITS “AS IS” CONDITION WITH ALL FAULTS. I (WE) THE UNDERSIGNED HEREBY ACKOWNLEDGES THAT DRIVING UTV(S) HAS BEWEN THE CAUSE OF SERIOUS INJURY AND DEATH IN THE PAST, BECAUSE OF THE RISKS INHERENT IN OPERATION OF THE VEHICLE(S) ITSELF AS WELL AS WHERE AND HOW THEY OPERATED. BANDITS ATV AND BOAT RENTALS STRONGLY URGES THE RENTER AND OTHER RIDERS TO HAVE MEDICAL INSURANCE PRIOR TO ENGAGING IN THIS ACTIVITY. BANDITS ATV AND BOAT RENTALS DOES NOT PROVIDE MEDICAL INSURANCE AND ADVISES THAT SERIOUS INJURIES CAN BE FINANCIALLY DEVASTATING. I (WE) THE UNDERSIGNED AND ANY ADDITIONAL RIDERS REPRESENTED BELOW HEREBY PERSONALLY ACCEPT ALL RISKS AND LIABILITIES OF THIS ACTIVITY. I (WE) CERTIFY THAT I HAVE ADEQUATE INSURANCE TO COVER ANY ANY INJURY OR DAMAGE I MAY CAUSE OR SUFFER WHILE PARTICIPATING, OR ELSE I AGREE TO BEAR THE COSTS OF SUCH INJURY OR DAMAGE MYSELF. I AM WILLING TO ASSUME THE RISK OF ANY MEDICAL OR PHYSICAL CONDITION I I MAY HAVE. IT HAS BEEN EXPLAINED TO ME (US) THAT I (WE) THE UNDERSIGNED THAT BY EXECUTING THIS DOCUMENT I (WE) AM GIVING UP IMPORTANT LEGAL RIGHTS. IT IS MY (OUR) FURTHER INTENETION TO GIVE UP THOSE RIGHTS AND IN GOOD FAITH TO RELIEVE AND RELEASE ATV AND BOAT RENTALS LLC OF ANY DUTY LEGALLY OWED TO ME (US) IN RELATION TO THE CONDUCT OF THIS ACTIVITY.

RULES OF OPERATION – I AGREE TO FOLLOW AND BE BOUND BY THE GENERAL UTV OPERATION RULES LISTED AND MADE A PART OF THIS AGREEMENT.

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 OTHER VEHICLES OR EQUIPMENT AND THAT PASSENGERS WILL NOT BE CARRIED ON ANY UTV OR OTHER VEHICLE NOT DESIGNATED FOR SUCH USE. I FURTHER AGREE TO SUPERVISE THE USE OF THE RENTED VEHICLES AT ALL TIMES AND FOLLOW ALL SAFETY RULES RELATED THERETO. NO DRIVERS UNDER THE AGE OF 25 YEARS WILL BE PERMITTED TO DRIVE OR OPERATE ANY UTVS(S) OR OTHER RENTED VEHICLES UNDER ANY CIRCUMSATANCES. SHOULD ANY UNDERSIGNED PERSON, ANY MINOR UNDER MY CONTROL OR ANY PERSON WITH PERMISSION OF ANY UNDERSIGNED PERSON OR ENTITY 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 CAUSED TO ANY UTV(S), OTHER VEHICLE, OR OTHER EQUIPMENT COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER OR NOT I HAVE FORFEITED A DAMAGE DEPOSIT. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I ALSO AGREE TO PAY FOR THE LOSS OF USE OF ANY UTV OR OTHER VEHICLE COVERED BY THIS AGREEMENT DAMAGED BY MYSELF OR OTHER RIDERS, AT THE FULL DAY RENTAL RATE FOR EACH DAY FROM THE DATE OF DAMAGE UNTIL THE VEHICLE IS REPAIRED AND REPLACED IN RENTAL SERVICE, NOT TO EXCEED 14 DAYS.

 

I HEREBY AUTHORIZE BANDITS ATV AND BOAT 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 THAT I MAY INCUR UNDER THE TERMS OF THIS AGREEMENT.

A COPY OF A VALID DRIVER’S LICENSE FOR EACH OPERATOR IS REQUIRED BEFORE USE OF VEHICLE(S)

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 OKLAHOMA AND EXCLUSIVE JURISDICTION AND VENUE FOR ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE THE STATE AND/OR FEDERAL COURTS LOCATED IN OKLAHOMA. I HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND/OR FEDERAL COURTS LOCATED IN OKLAHOMA FOR ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT.

ENTIRE AGREEMENT, NO ORAL MODIFICATIONS – THIS INSTRUMENT, WITH ATTACHMENTS, CONSTITUES THE ENTIRE AGREEMENT BETWEEN PARTIES. NO PROVISION HEREOF SHALL BE MODIFIED OR RESCINDED UNLESS IN WRITING SIGNED BY AN AUTHORIZED LEGAL REPRESENTATIVE OF BANDITS ATV AND BOAT RENTALS LLC. THE UNDERSIGNED, CERTIFY THAT I (WE) HAVE READ THE RENTAL AGREEMENT AND WAIVER OF LIABILITY AND THE GENERAL RULES OF OPERATION AND SAFETY, AND UNDERSTAND THE CONTENTS OF THESE DOCUMENTS. I (WE) EXECUTE IT VOLUNTARILY IN GOOD FAITH AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

GOOD CONDITION – I REPRESENT THAT THE UTV AND ANY OTHER VEHICLE OR OTHER EQUIPMENT RECEIVED AND/OR OBTAINED FROM BANDITS ATV AND BOAT RENTALS LLC IS IN GOOD CONDITION AND FUTHER REPRESENT AND WARRANT THAT IT WILL BE RETURNED IN THE SAME CONDITION, NOTWITHSTANDING ORDINARY WEAR AND TEAR.

ENTRY OF PROPERTY – I AGREE TO ALLOW BANDITS ATV AND BOAT RENTALS LLC THE RIGHT TO ENTER MY PROPERTY FOR THE DELIVERY, PICK-UP OR REPOSSESSION OF THE UTV(S), VEHICLE(S), OR OTHER EQUIPMENT IN THE EVENT THAT I DO NOT RETURN THEM. I WILL NOW LOAN, SUBLET, OR OTHERWISE DISPOSE OF THE UTV(S), VEHICLE(S), OR OTHER EQUIPMENT.

JOINT AND SEVERAL LIABILITY/USE OF TERMS – IN THE EVENT THE UNDERSIGNED CONSIST OF MORE THAN ONE PARTY, THE EACH OF THE UNDERSIGNED SHALL BE JOINTLY, SEVERALLY, AND INDIVIDUALLY LIABLE FOR ALL OBLIGATIONS, AGREEMENTS, AND PROMISES OF THE UNDERED HEREIN.

 

– GENERAL RULES OF OPERATION AND SAFETY –

 

  1. ONLY ADULT RIDERS WHO HAVE SIGNED THE RENTAL AGREEMENT AND WAIVER OF LIABILITY SHALL OPERATE ANY UTV, OR OTHER RENTAL VEHICLE OR EQUIPMENT.
  2.  WE RECOMMEND WEARING A HELMET AND EYE PROTECTION AT ALL TIMES WHILE OPERATING A UTV. WEARING A HELMET IS REQUIRED BY LAW IN OKLAHOMA FOR RIDERS UNDER 18. WEARING ADDITIONAL GEAR SUCH AS LONG PANTS, LONG SLEEVE SHIRTS OR JACKETS, OVER THE ANKLE BOOTS, CHEST PROTECTORS, GLOVES, KNEE AND ELBOW PADS, WILL GREATLY REDUCE RISK OF INJURY.
  3. DO NOT OPERATE ANY UTV(S) OR OTHER VEHICLE OR EQUIPMENT IN ANY MANNER OTHER THAN WITH BOTH HANDS ON THE STEERING APPARATUS AND SITTING THE THE SEAT WITH ARMS AND LEGS WITHIN THE CONFINES OF THE VEHICLE.
  4. OBEY ALL POSTED SIGNS. DO NOT RIDE FASTER THAN POSTED SPEED LIMITS. KNOW AND ABIDE BY ALL LOCAL RULES AND STATE AND LOCAL LAWS. DO NOT RIDE OUT OF THE DESIGNATED AREAS; RESPECT OUR WILDERNESS AND WILDLIFE.
  5. DO NOT CARRY PERSONS OTHER THAN AS ORIGINALLY MOUNTED ON OR ASSIGNED TO RIDE IN THE VEHICLE.
  6. RIDE AT YOUR CURRENT SKILL LEVEL. DO NOT PUSH YOUR LIMIT. BE CAREFUL.
  7. DO NOT RIDE IN WATER OR WET SAND. IT CORRODES THE UNDERCARRIAGE.
  8. DO NOT PARTICIPATE IN ANY RACE OR CONTEST INVOLVING OTHER UTV(S) OR ANY OTHER VEHICLE.
  9. NO ALCOHOL OR DRUG POSSESSION OR CONSUMPTION BEFORE OR DURING USE WHILE IN POSSESSION OF RENTED UTV(S) OR OTHER VEHICLE/EQUIPMENT.
  10. BE AWARE OF OTHER RIDERS AND VEHICLES.
  11. BE AWARE OF YOUR TERRAIN. DO NOT GO UP, DOWN, OR SIDEWAYS ON STEEP INLINES.
  12. DO NOT PARK AND LEAVE VEHICLE OR EQUIPMENT UNATTENDED.
  13. IN CASE OF BREAKDOWN, CALL OUR OFFICE. ADDITIONAL RENTAL TIME WILL BE ALLOCATED FOR TIME LOST DUE TO A BREAKDOWN.
  14. ANYONE NOT FOLLOWING THESE RULES OR THE LAWS OF THE APPLICABLE JURISDICTION, OR THOSE WHO ARE CAUGHT SPEEDING OR RIDING WITHOUT A HELMET, WILL BE ASKED TO RETURN THE UTV(S) AND THE REMAINDER OF THEIR RENTAL WILL BE FORFEITED.
  15. VEHICLES ARE TO BE RETURNED ON TIME OR ADDITIONAL FEES WILL BE CHARGED AT +$50.00/HOUR.
  16. THERE ARE NO REFUNDS FOR EARLY RETURNS.
  17. THERE ARE NO REFUNDS FOR INCLEMENT WEATHER.
  18. THERE IS A +$100.00 CLEANING FEE FOR VEHICLESRETURNED WITH EXCESSIVE MUB ON THEM.
  19. WATCH OUT FOR ROCKS AND RUTS WHILE RIDING IN THE MOUNTAINS. HITTING ROCKS/SHARP OBJECTS CAN RUIN TIRES AND DAMAGE THE SUSPENSION OF YOUR RENTAL. YOU ARE RESPONSIBLE FOR ALL TIRE DAMAGE THAT OCCURS DURING YOUR RENTAL.
  20. RIDE PREPARED. BRING A CHARGED CELL PHONE, SUITABLE CLOTHING, MAPS, AND BOTTLED WATER.
  21. DO NOT ATTEMPT STEEP TRAILS WHEN YOU DO NOT KNOW WHERE THEY END UP. BEING TRAPPED OR LOST CAN LEAD TO AN EXPENSIVE RECOVERY BILL FOR YOUR MACHINE.
  22. NEVER EVER JUMP THIS VEHICLE – IT WILL LAND ON ITS NOSE. DAMAGING THE SUSPENSION AND FRAME IS EXPENSIVE AND YOU DON’T WANT TO PUT YOURSELF IN HARMS WAY. YOU WILL ALSO BE RESPONSIBLE FOR PARTS, LABOR, AND DOWN TIME OF THE UTV IF IT IS DAMAGED DURING YOUR RENTAL.
  23. NEVER MAKE AGGRESSIVE TURNS OR DONUTS – THE TIRES CAN COME OFF THE RIMS AND CAUSE THIS VEHICLE TO TIP OVER OR ROLL OVER. OUR ROLL OVER FEE IS A MINIMUM OF +$500.00 EVEN IF IT GOES ON ITS SIDE. THE TIRE FEE IS +$100.00 TO CLEAN OUT AND RE-MOUNT THE TIRE. SO, LET’S AVOID THAT.
  24. OUR RESCUE FEE FOR AN INCIDENT THAT IS CAUSED BY OPERATOR ERROR IS +$500.00 IF THE VEHICLE IS WITHIN 50 MILES FROM OUR SHOP. OUTSIDE OF 50 MILES, THE OPERATOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH RETRIEVING AND TERUNING THE VEHICLE TO US.
  25. THERE IS A +$100.00 CLEANING FEE FOR VEHICLES RETURNED WITH EXCESSIVE MUD ON THEM. WE ASK THAT YOU TAKE YOUR VEHICLE(S) TO THE CAR WASH NEXT DOOR TO GIVE IT A FRESH RINSE BEFORE OFFICIALLY RETURNING THE VEHICLE(S).
  26. PASSENGERS SHOULD BE ABLE TO SIT IN THE SEAT WITH THEIR BACK AGAINST THE SEAT, REACH HAND HOLDS, AND PLACE FEET ON THE FLOOR WITH SEAT BELTS FASTENED. NEVER PUT A CHILD IN YOUR LAP TO HELP DRIVE.
  27. IF YOU HEAR OR FEEL ANYTHING THAT SEEMS LIKE YOU HAVE A MECHANICAL PROBLEM DEVELOPING, PLEASE STOP THE VEHICLE IMMEDIATELY AND CALL US TO PREVENT FURTHER DAMAGE.
  28. WE RESERVE THE RIGHT TO FURTHER INSPECT AND REVISE OUR ESTIMATE OF DAMAGES AND YOUR RIDE. YOU ARE RESPONSIBLE FOR EVERYTHING THAT BREAKS DURING YOUR RENTAL.
  29. BE VERY CAREFUL IF YOU ARE RIDING IN A WASH. WASHES FILL UP QUICKLY IN THE EVENT OF RAIN AND CAN BE MUCH DEEPER THAN THEY APPEAR. USE EXTREME CAUTION IN AND AROUND ALL WATER, PARTICULARLY FAST-MOVING WATER.