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TERMS AND CONDITIONS OF RENTAL        READ THIS,THE INSURANCE, AND FAQ'S SECTION!!

RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE

MBA ATV Rental Insurance Terms and Release--In order for the renter to have proper coverage and to be added to the rental operators policy, the renter is REQUIRED to pay a per day insurance charge of $15.00 a day with a onetime $3.00 processing fee. (1st day is $18.00) If PASSENGER is going to operate vehicle, passenger MUST pay for his/her own insurance policy. Coverage’s including: $30,000/$60,000/$25,000 Liability Coverage Liability–The policy will pay up to $30,000 if the renter causes bodily injury to one person. The policy will pay up to $60,000 if the renter causes bodily injury to more than one person. The policy will pay up to $25,000 for any property (other than the ATV itself) damage the renter may cause. $2,500 deductible. Comprehensive Coverage–Comprehensive means sudden direct or accidental, this includes fire and theft. $2,500 deductible. $500 Medical Payments–Medical payments for you if hurt in an accident. Collision Coverage on a Secondary Basis–the renter is at fault when hitting a person or objects that causes damage to the ATV or SXS. Secondary–the insurance company is second up to pay the loss and has the right to pursue the renter for any collision damages paid to the rental operator for damages to the machine. The insurance company will see if the renter has coverage elsewhere and recoup what they may have paid the rental operator.  

OPERATOR SAFETY TERMS AND RELEASE
Definitions of terms used in this document: ATV--All-Terrain Vehicle rented from Windrock ATV Rentals; Operator/Renter-Driver of ATV 1. I agree that I am at least 21 years of age. 2. I agree that I will wear proper safety equipment when operating ATV. 3. I agree that I will be the ONLY operator of the ATV.  4. Unless renting a UTV (side-by-side), I agree there are to be NO PASSENGERS, NO DOUBLING on any ATV--OPERATOR ONLY. 5. I agree there are to be NO MINORS operating this ATV. 6. I agree that I will not consume alcohol, drugs, or ingest any substances that could/would adversely affect my ability to safely/successfully operate the ATV or SXS. 7. I agree to operate the ATV or SXS ONLY on areas that are legal by state law. 8. I agree to NOT TRESPASS on any property I am not allowed to operate the ATV on. 9. I agree to avoid driving in any areas I do not believe I have the skill to operate in. 10. I agree that I have been thoroughly briefed on how to safely operate the ATV and/or I have established myself as an experienced ATV operator before Windrock ATV Rentals.

DAMAGES--CHECK-IN/CHECK-OUT
Any damages will be billed/charged to the operator/renter as soon as possible. If ATV/UTV is too dirty to assess full condition of machine upon check-in date, machine will be fully inspected again after it has been thoroughly cleaned by rental facility. If damages are found after this is performed, these charges will be applied and paid in full by operator / renter’s security deposit. Damages, penalties, and any other additional charges will be taken from operator / renter’s security deposit-a receipt of the additional charges are available upon request. If rental facility has to clean ATV/UTV, there is a $50 cleaning fee and will be deducted from the security deposit. There are facilities within riding distance from rental facility to clean the machines thoroughly. Inquire with rental facility if you have any questions.  

1. I agree to check-in (return) the ATV in the EXACT same condition it was in upon check-out (pickup) as outlined in DAMAGES SECTION. Note: acceptable tire tread-wear is expected, however excessive wear / damage will be charged. 2. I agree that ANY and ALL damages/losses sustained to the ATV during the rental period are my responsibility and are to be paid for by ME, the renter. If damages/losses are greater than $1000, then the initial $1000 deposit is to be paid for by ME, the renter, and the excess MAY be paid for by the mandatory insurance policy as outlined in the RENTAL INSURANCE SECTION. 3. I agree to pay for damages/losses/penalties up to $1000 out of my security deposit. I agree that I MAY be charged for all damage above $1000 and up to the FULL RETAIL VALUE OF THE MACHINE if it is not in Windrock ATV Rentals best interest to file an insurance claim.  4. I agree to pay for damages/losses/penalties beyond security deposit within 15 days of receiving bill for damages via secured funds (certified check/money order) or credit/debit card. I will be billed/charged by WATVR as soon as possible. 5. I agree that Windrock ATV Rentals will hold my security deposit no longer than 15 days after check-out date IF there are no damages. If there are damages, deposit will be held until payment is made. 6. I agree that I will NOT submerge the ATV in rivers, mud-holes, swamps, water-basins or any other body of water beyond the ATV’s designed capabilities. If upon inspection it is obvious the ATV has been submerged, I forfeit $500 of security deposit to Windrock ATV Rentals.SUBMERGED-- ATV or SXS is submerged in water/mud above seat bottom. 7. I agree to return the ATV as clean as it was when it was checked-out. Failure to do so will result in a $50 cleaning fee unless otherwise stated by the rental facility. 8 I agree to operate ATV on licensed ORV (Off-Road-Vehicle) areas and legal property/roadways only. If ATV is rendered inoperable, regardless of who’s at fault, on any property other than a mapped and licensed ORV area, I, the renter will be charged any and all recovery costs to bring the ATV back to rental facility.  

ATV Rental Schedule
1. I agree that check-out time is no earlier than 9:00am on specified check-out date. 2. I agree that check-in time is no later than 5:00pm on specified check-in date. 3. I agree that there are no refunds/discounts if I am late picking up ATV. 4 .I agree that I will be charged a $60 late fee if ATV is brought back up to 1 hour late on check-in date. 5. I agree that I will be charged a $125 late fee if ATV is brought back up to 2 hours late on check-in date. After 2 full hours late, late fee will be a full day rental charge extra 6. I agree that Windrock ATV Rentals will take legal action and seek prosecution if ATV is over 24 hours later than specified check-in date. 7. I agree that there are NO REFUNDS. 8. I agree that I will be charged the full rental amount if I do not cancel my reservation within 72 hours of making the reservation. 9. I agree that I CANNOT CANCEL my reservation any later than 72 hours of making the reservation, and will NOT receive a REFUND.  

Safety Gear Statement and Release Form
1. I agree to wear a DOT-APPROVED helmet at all times while operating an ATV. 2. I agree to wear seatbelt in addition to helmet/goggles if renting/operating a UTV Side-by-Side vehicle. 3. I agree that Windrock ATV Rentals has sincerely stressed the requirement to wear helmet and goggles. 4. I agree that I have been thoroughly briefed on how to successfully and safely operate the ATV. 5. I agree that although wearing protective equipment reduced my risk of injury, it does not in any way guarantee my safety. 6. I agree to bring safety equipment loaned or rented to me by Windrock ATV Rentals back in the SAME condition is was in upon check-in date. Any damages or losses to equipment will be charged/billed to customer and/or deducted from security deposit.

Refund Policy Terms and Release Form 
1. I agree that any reservation fee collected by Windrock ATV Rentals is NOT REFUNDABLE. I agree that THERE IS NO CANCELLATIONS 72 HOURS AFTER THE RESERVATION DATE—the full rental amount will be charged. Any later notice will be subject to NO refund 2. I agree that reservations made that fall on a holiday are non-refundable. 3. I agree that if weather adversely affects the ability to utilize the ATV, Windrock ATV Rentals is under NO obligation to issue a refund or discount. 4. I agree that if the ATV fails in use (NOTE: MECHANICAL FAILURE NOT CAUSED BY OPERATOR), I am REQUIRED to contact Windrock ATV Rentals immediately. Failure to make contact will delay or forfeit any possible refunds. Depending on availability, Windrock ATV Rentals will then replace the ATV and issue a full day’s refund for the day the failure occurs. If the ATV is disabled and cannot be replaced due to lack of availability, a refund for the remaining hours of the rental day and the remainder of the rental period will be issued. 5. If I am not satisfied with the performance of the ATV I do not get a refund. These are very respected and well-maintained ATV’s, so unless a mechanical failure occurs (SEE #4 above), there’s no logical reason to be displeased with its performance, and therefore no refund will be issued. 6. If I am not satisfied with the overall experience of off-road trails /activities, Windrock ATV Rentals is in no way responsible. 7. If I get injured during the rental period and have to sit out while there is more rental time already paid for, Windrock ATV Rentals is not responsible and under no obligation to issue any refunds.

NON-TAMPER AGREEMENT
All vehicles supplied by Windrock ATV Rentals are properly maintained and adjusted for reliable and safe operation. Adjustments and maintenance done to, and not limited to the following, are to be performed by individuals approved by Windrock ATV Rentals only, AND NOT BY THE OPERATOR: Brakes, Throttle, Steering, Suspension, Electronics, Cooling System and Handlebars (including controls on handlebars). Failure to comply with these rules will result in partial or full forfeiture of operator’s security deposit on vehicle. If at any time you as the operator feel something is out of adjustment or needs attention in any way, the vehicle is to be returned to the rental facility where it can be attended to by individuals approved by Windrock ATV Rentals.  
All-Terrain Vehicle Rental Agreement Terms and Conditions
1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter , any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the independent business named on this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid vehicle driver's license and, is at least 21 years of age unless the age restriction is changed by us elsewhere in this Agreement. "Vehicle" means the all-terrain vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, times the daily rental rate.  
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, expressed, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to the Vehicle, including damage caused by weather, acts of god or terrain conditions. You are responsible for the cost of repair or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

  RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE.

5. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. 6. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay the charging authority for parking or toll violations, you agree to pay us for those charges, plus our administrative fee of $50 for each such violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.
7. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Breach of Agreement. The acts listed above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.  
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
11. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE