Socal atvs California Waiver of Liability
The undersigned hereby rent from SOCAL ATVS, the following described all-terrain vehicle(s) (ATV/UTV) or equipment for a limited period of time, upon the following terms and conditions.
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NO WARRANTY - INHERENTLY DANGEROUS ACTIVITY - NO INSURANCE PROVIDED
SOCAL ATVS 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 or any additional riders identified below accept any vehicle or other equipment provided by SOCAL ATVS in AS IS condition with all faults. The renter hereby acknowledge(s) that riding ATVS in Hungry Valley State Vehicular Recreation Area North Kiosk & Visitor Center with other like vehicles and riders is a dangerous activity with a high risk of serious bodily injury or death to drivers, passengers or others. SOCAL ATVS strongly urges any renter, driver, or passenger to have medical insurance prior to engaging in this activity. SOCAL ATVS does not provide medical insurance. Serious injuries can be financially devastating. All signatories to this agreement personally accept all risks and liabilities of this activity. Each signatory below understands that by executing this agreement they are giving up important legal rights and that they are intentionally doing so in good faith and fully releasing SOCAL ATVS from any liability whatsoever.
TERMS AND CONDITIONS -READ THIS CAREFULLY
1. RULES OF OPERATION. The ("Renter") agree to follow and be bound by the General ATV Operation Rules provided herewith and incorporated herein by reference.
2. ACCEPTANCE OF RESPONSABILITY. I understand that riding & operating ATV Quads is an inherently dangerous activity & I knowingly accept the risks and responsibilities.
3. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. Only persons signing or otherwise identified in this agreement will operate the rented ATV'S, other vehicles, or equipment and passengers will not be carried on any ATV. Riders under 18 must provide SOCAL ATVS with written consent from a parent/guardian. Should any undersigned person, any minor child, or any other person with permission operate any vehicle or equipment in a manner that results in theft, loss of or damage to such vehicle or equipment, the renter agree to be jointly and severally liable for all such loss or damage, regardless of the forfeit of any damage deposit. The undersigned agree to pay for the loss of use of any ATV or other vehicle covered by this agreement which becomes damaged at the daily rentals rate from the date of damage until repaired and placed back in rental service, not to exceed 30 days. The undersigned authorize SOCAL ATVS to charge the credit card provided as part of this transaction for any additional rental, damage, and loss of use charges that are incurred under the terms of this agreement.
4. ASSUMPTION OF RISK. The renter expressly and voluntarily assume ALL risk and liability for the loss or damage to any ATV or other equipment obtained from SOCAL ATVS, 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, or any other ATV, and/or equipment obtained from SOCAL ATVS.
5. WAIVER AND RELEASE OF CLAIMS. The renter, along with any spouse, child, minor of whom the renter is a guardian, heirs, successors in interest, do now and forever waive, release and discharge SOCAL ATVS, its shareholders, directors, officers, employees, agents, successors, and assigns (collectively, “Releasees”) 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 way arise from or relate to the rental, use, and/or operation, condition, or possession of the above referenced ATV and any other ATV, or other equipment obtained from SOCAL ATVS. 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 RENTER 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 guardian, that I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against SOCAL ATVS, and all other Releasees, or in any manner assert any further claim or demand against SOCAL ATVS, and all other Releasees, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV or any other ATV or equipment received and/or obtained from SOCAL ATVS. 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. INDEMNIFICATION. The renter shall indemnify, defend (by counsel reasonably acceptable to the indemnitee(s), protect and hold SOCAL ATVS, and all other Releasees, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) from 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, any other ATV, or other equipment received or obtained from SOCAL ATVS. The renter shall likewise indemnify SOCAL ATVS, and all other Releasees, 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 shall remain in effect. This agreement shall be governed and construed under the laws of the State of California and the parties consent to the exclusive jurisdiction of the Superior Courts of the State of California or the federal courts within the state.
9. Attorney fees: In the event any cause of action arises out of this agreement, the parties agree to pay for their own individual attorney's fees.
10. ENTIRE AGREEMENT. This Agreement and Waiver constitutes the entire agreement between the parties. No provision can be modified or rescinded unless in writing and signed by an authorized corporate representative of SOCAL ATVS.
11. FITNESS. Each of the undersigned warrant for themselves and any minor for whom they are the parent/guardian that they are in the necessary physical and mental condition to be a driver and/or passenger in or on equipment rented from SOCAL ATVS and that they are unaware of any medical or other reason which would prevent their participation in this activity.
12. JOINT AND SEVERAL LIABILITY / USE OF TERMS. In the event the undersigned consist of more than one party, then each of the undersigned shall be jointly, severally, and individually liable for all obligations, agreements, and promises of the undersigned herein. As used in this agreement, the singular shall include the plural and the plural the singular, and the masculine, feminine, and neutral genders shall each include the others as the context require.
13. MANDATORY ARBITRATION: In the event any claim or cause of action arises from this agreement, the renter & SOCAL ATVS agree to binding arbitration for any and all claims. California law will apply in this agreement.
I have read and I agree to terms 1-13.
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