gokart4wheeling.com
16864 Old Locke road
mountainburg, AR 72946
United States
ph: 479-217-0300 or 479-369-4006 or 479-790-8425
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Contract:
RENTAL AGREEMENT AND WAIVER OF LIABILITY
Date:
Store/Init:
The undersigned hereby rent from Gokart4wheeling.com (Gokart4wheeling.com) the following Described all-terrain vehicle (ATV) or (Go Kart) equipment/Tour for a limited period of time, upon the following terms and conditions.
RENTER Main Party Responsible
FULL NAME
DRIVERS LICENSE NUMBER
DATE OF BIRTH
____________________________________________________________________________________________________
RESIDENCE ADDRESS (include St., Ave., etc.)
APT./SPACE NO.
CITY
STATE
ZIP CODE
___________________________________________________________________________________
HOME TELEPHONE NUMBER
WORK TELEPHONE NUMBER
CELLULAR PHONE NUMBER
____________________________________________________________________________________________________
NO WARRANTY - INHERENTLY DANGEROUS ACTIVITY –
NO INSURANCE PROVIDED
Gokart4wheeling.com 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 Gokart4wheeling.com in its "as is" condition with all faults. The undersigned hereby acknowledge that Riding ATV/Go Kart vehicles in the Outdoor terrain with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death To others or myself. Gokart4wheeling.com strongly urges any participant and other riders to have medical insurance prior to engaging in this activity. Gokart4wheeling.com 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 Gokart4wheeling.com and any of its officers, employees or subcontractor relationships of any duty legally owed to me in relation to the conduct of this activity.
TERMS AND CONDITIONS -READ THIS CAREFULLY
1. I agree to follow and be bound by the General ATV/OHV Operation Rules on the reverse and made a part of this agreement.
2. In accordance with Federal regulations: All customers under age 18 without an All Terrain Vehicle Safety Institute (ASI) Certificate/Card shall be supervised by an adult with the Certificate/Card. All customers under age 18 without adult
Supervision shall possess a valid form of Identity and get a parental waiver signed BEFORE able to ride or Drive. All customers under age 14 shall be under the direct supervision of an adult with the understanding that the Parent or legal guardian takes full responsibility for All actions and damages incurred.
3. I agree that only the persons signing or otherwise identified in this
Agreement will operate the Go kart/ATV(s), other vehicle(s), or equipment and that additional passenger will not be carried on any Go Kart. Riders under the age of 18 years must provide Gokart4wheeling.com with a 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 operates any above referenced vehicle or equipment in such a manner or fails 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 Go Kart/ATV, 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 Go Kart/ATV or other vehicle covered by this agreement damaged by myself or other riders, at the rate of replacement from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Gokart4wheeling.com 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.
4. I expressly and voluntarily assume all risk and liability for the loss or damage to any Go Kart/ATV or other equipment obtained from gokart4wheeling.com , 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 Go kart/ATV or any other ATV and/or equipment received or obtained from Gokart4wheeling.com
5. 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 Gokart4wheeling.com , 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 Go Kart/ATV and any other ATV or other equipment received and/or obtained from gokart4wheeling.com 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 EXPRESSLY WAIVES ALL RIGHTS WHICH PROVIDES: "A general release does not extend to claims which the provider does not know or suspect to exist in his favor at The time of executing the release, which if known by him must have materially affected his settlement with the debtor." 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.
6. 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 gokart4wheeling.com or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against gokart4wheeling.com 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 Go Kart/ATV or any other ATV or equipment received and/or obtained from Gokart4wheeling.com . 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.
7. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnities), protect and hold gokart4wheeling.com , 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 or any other ATV or other equipment received or obtained from Gokart4wheeling.com . The undersigned likewise shall indemnify Gokart4wheeling.com , 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.
8. 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 or the state of Texas.
9. 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.
10. 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 corporate representative ofGokart4wheeling.com .
11. I ____________________________________ am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed Go Kart/ ATV or any other vehicle or equipment I may obtain from gokart4wheeling.com 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.
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.
Dated:_______________
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AGE ______________________________
SIGNATURE _____________________________
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AGE _____________________________
SIGNATURE _____________________________
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Gokart4wheeling.com LLC
GENERAL OPERATION RULES
1. Only adult riders who have signed the Rental Agreement and Waiver of Liability (“Agreement”), or a Minor whose parent or guardian has signed the Agreement on their behalf shall operate any Go Kart/ATV, or other vehicle.
2. A helmet must be worn at all times while operating Go Kart or other vehicle!! Additionally wearing chest protectors, gloves, goggles, knee and elbow pads, long pants, long sleeve shirt or jacket, and over the ankle boots will greatly reduce risk of injury.
3. Do not operate any Go Kart/ATV or other vehicle in any manner other than with both hands on the steering apparatus, both feet on the pedals, and sitting in the seat.
4. Obey all posted signs. Do not ride faster than posted speed limits.
5. Do not carry persons other than as originally mounted on the vehicle with the equipment assigned.
ONLY TWO PERSONS PER GO KART/ATV ALLOWED. .
6. Ride at your current skill level. Don’t push your limit! Be careful.
7. No riding outside designated OHV areas.
8. Do not ride in the water or wet sand. It corrodes the machine. You will be charged $25.00 for cleanup per machine!
9. Any Go Kart/ATV rollover requires a minimum $25.00 payment. No Exceptions!
10. The speed limit is 15 mph.
11. Do not participate in any race or other contest involving GO KART/ATVs or other vehicles.
12. Do not tow other GO KART/ATVs or other vehicles and do not have them tow you and your GO KART or other rental vehicles.
13. No alcohol consumption before or during use and possession of vehicle and Equipment.
14. Watch out for Glass and Broken branches.. Be very careful!
15. Be aware of other riders and vehicles. Conditions can become crowded.
16. Do not park and leave vehicle or equipment unattended.
17. In case of a breakdown, the tour guide will order a tow vehicle 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.
18. Anyone not following these rules or State Park rules caught speeding or riding recklessly, will be escorted back to Base Camp and the remainder of their riding time will be forfeited.
19. Vehicles are to be returned on time or additional fees will be charged.
20. There are no refunds for early returns.
21. There are no refunds if it rains.
22. Gokart4wheeling.com will fuel each vehicle.
gokart4wheeling.com
16864 Old Locke road
mountainburg, AR 72946
United States
ph: 479-217-0300 or 479-369-4006 or 479-790-8425
r