NO WARRANTY – NO INSURANCE PROVIDED INHERENTLY
Duck Creek Rentals LLC makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, driveability 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 Duck Creek Rentals LLC in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTVs in the trail system and mountains of the Dixie National Forest of Utah with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself. Duck Creek Rentals LLC strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. Duck Creek 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 Duck Creek Rentals LLC of any duty legally owed to me in relation to the conduct of this activity.
TERMS AND CONDITIONS -READ THIS CAREFULLY 1. _____RULES OF OPERATION. I agree to follow and be bound by the General
ATV/UTV Operation Rules on the reverse and made a part of this agreement.
2. _____NOTIFCATION OF UTAH VEHICLE CODE (CVC) REQUIREMENTS CVC§38503(b): 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. CVC§38603(c): All customers under age 18 without adult supervision shall possess an ASI Safety Certificate/Card. CVC§38504: All customers under age 14 shall be under the direct supervision of an adult with the ASI Certificate/ Card. I understand that failure to possess the Certificate/Card is a citable offense.
3. _____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 Duck Creek Rentals LLC 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 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 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 covered by this agreement damaged by myself or other riders, at the rate of $60 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Duck Creek 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.
4. _____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 Duck Creek 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 Duck Creek Rentals LLC.
5. _____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 Duck Creek Rentals LLC, 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 Duck Creek 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 EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A general release does not extend to claims which the creditor 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._____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 Duck Creek Rentals LLC or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against Duck Creek 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 Duck Creek 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.
￼￼7._____IDEMNIFCATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnitee), protect and hold duck Creek 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 Duck Creek Rentals LLC. The undersigned likewise shall indemnify Duck Creek 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.
8._____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 Utah.
9._____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 attorneys fees and all costs and expenses incurred in pursuit thereof.
10._____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 corporate representative of Duck Creek Rentals LLC.
11._____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 Duck Creek 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.
12._____NOTIFCATIONOF UTAH VEHICLE CODE(OVC)REQUIREMENTS
Ref: ORS 801.193) Effective January 1, 2014, all operators of Class I or Class III ATVs must possess an OPRD “ATV Safety Education Card.”
13._____I, on behalf of myself, my personal representatives and my heirs hereby
voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Duck Creek 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 Duck Creek Rentals LLC.
14._____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:________________ RENTER | OPERATOR | PARENT | ADDITIONAL RIDER
Name Age Name Age Name Age Name Age
Signature Signature Signature Signature
￼￼DUCK CREEK RENTALS 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 ATV, or other rental vehicle.
2. Ahelmetmustbewornatalltimeswhileoperatingan ATV, 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 ATV or other vehicle in any manner other than with both hands on the steering apparatus, both feet on the pegs, 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 ONE PERSON PER ATV ALLOWED. NO RIDING DOUBLE ON ATVs.
6. Ride at your current skill level. Don’t push your limit! Be careful.
7. Do not ride 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. AnyATVrolloverrequiresaminimum$25.00payment. No Exceptions!
10.The speed limit from the back of campsites to the water is 15 mph.
11. Do not participate in any race or other contest involving ATVs or other vehicles.
12. Do not tow other ATVs or other vehicles and do not have them tow you and your rental ATV or
other rental vehicles.
13. No alcohol consumption before or during use and possession of rented ATV or other vehicle and
14.Watch out for drifts and sand bowls. They vary from one foot to 80 feet. 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, call (702) 358-5159; speak with a ranger or look for the tow truck. 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 without a helmet,
will be escorted back 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.You must return to refuel every 2 hours.