MIAMI SLINGSHOT RENTALS AGREEMENT
The undersigned hereby rents from VAHTOM GROUP, LLC (“Operator”) the following described vehicles and/ or related equipment for a limited period of time, upon the following terms and conditions:
NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO INSURANCE PROVIDED
Operator makes no warranty of any kind, nature or description, express or limited, as to the quality and manufacture, safety, drivability, or fitness or any particular purpose of any vehicle or equipment covered by this agreement. I (We), the undersigned, accept any vehicle or other equipment provided by Operator in its “as is” condition with all facts. I (We) hereby acknowledge that riding the vehicles in a dangerous activity, with a risk of serious bodily injury or death to others or oneself. Operator does not provide medical insurance and advises that serious injuries can be financially devastating. I (We) personally accept all risks and liabilities of this activity. It has been explained to me (us) and I (we) understand that by executing this document I (we) am/are giving up important legal rights. It is my (our) further intention to give up those rights and in good faith to relieve and release Operator of any legally owed to me in relation to the conduct of this activity.
TERMS AND CONDITIONS – READ THIS CAREFULLY – RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE.
This is a contract for the rental of the vehicle and equipment. We may repossess the vehicle at your expense without notice you, if the vehicle is abandoned or used violation of law or the Agreement:
1. DRIVER(S) RUSLES:
- Driver of vehicle must be at least 21 years of age, possess a valid driver’s license, and have auto liability insurance.
- Driver will wear Safety Gear and seatbelt when operating the vehicle.
- Driver will not consume alcohol, drugs, or ingest any substances that could/ would adversely affect the ability to safely/ successfully operate the vehicle.
- Driver will operate vehicle ONLY on areas legal by state and local law, within 250 miles of the rental location and within the country of origin, and will NOT TRESPASS on any property o which Driver is not authorized to operate the vehicle. Renters may not transport the vehicle, in any manner, to other surrounding rental locations outside the 250-mile range.
- Driver will ONLY carry minor passengers if Driver is at least 21years and the Parent/Guardian of the passenger, will ONLY carry the number of passengers for which the vehicle was designed, will ONLY carry passenger(s) who have signed this Agreement and the accompanying Waiver, will require each such ONLY passenger to wear proper safety equipment and a seat belt.
- Driver will not, and will not carry any passengers, who have consumed alcohol, drugs, or ingested any substances that could/would adversely affect their ability to safely/successfully drive or ride in the vehicle.
- Driver must follow all rules of the road, and infractions will be the responsibility of the driver, including but not limited to moving violations, parking tickets, impound fees, tolls, etc.
- Driver may NOT use or permit the vehicles to be used: 1) by anyone other than an authorized driver; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race or contest, or on unpaved roads; 5) while the driver is under the influence of alcohol and/ or a controlled substance; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substances or contraband; 7) recklessly or while overloaded.
- Driver may NOT drive or operating this vehicle while using a hand-held wireless communication device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of this contract.
2. PASSENGER(S) RULES:
- Passenger must be able to grasp handholds and firmly plant his or her feet, with back fully against the seat backrest. Minor passengers must be accompanied by a Parent/ Guardian.
- Passenger will wear Safety Gear and seatbelt when riding in the vehicle.
- Passenger will not consume alcohol, drugs, or ingest any substances that could/ would adversely affect the ability to safely/ successfully fide in the vehicle.
3. SAFETY GEAR STATEMENT AND RELEASE FORM. I understand and agree that:
- I have any passengers have the option to wear a CERTIFIED (DOT, SNELL, or ECE) helmet, eye protection, (Safety Gear) while driving/ riding in a vehicle, though it is not required by Florida law, but highly recommended.
- I and any passengers will, at all times, wear a seatbelt in addition to helmet/ googles if driving/riding in a vehicle.
- Operator has stressed the requirement to wear Safety Gear.
- Although wearing Safety Gear reduces my risk of injury, it does not in any way guarantee my safety.
- I will bring Safety Gear loaned or rented to me by Operator back in the SAME condition it was in upon check-in date. Any damages or losses to equipment will be charged/billed to me and/or deducted from the security deposit.
4. 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 vehicle(s) or equipment and that passengers will not be carried except to the extent such vehicle is designed for such use. No drivers under the age of 25 years will be permitted to drive under any circumstances. Should any undersigned person, any minor under my control or any person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner of fail to exercise adequate care of the same so as to result I 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 vehicle other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit.
5. I AGREE TO PAY FOR ALL SUCH LOSS AND/ OR DAMAGE. I also agree to pay for the loss of use of any vehicle at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, no to exceed 14 days. I hereby authorize Operator to charge my credit cart 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. All rentals require a credit card authorization of $ 1,000.00 per vehicle on a valid credit/debit card.
6. DAMAGES CHECK-IN / CHECK-OUT. I understand and agree that:
- I will check-in (return) the vehicle in the EXACT same condition it was upon check-out (pickup).
- Note: acceptable tire tread-wear is expected; however, excessive wear / damage will be charged. Drive belt breakage is considered damage.
- ANY and ALL Damages/Losses sustained to the vehicle during the rental period are my responsibility and are to be paid for by ME, the renter. I will pay for Damages/Losses/Penalties up to 1,000$ out of my security deposit. I agree that I will be charged for all damage above $1,000 and up to the full MBA Insurance deductible of $2,500.
- If the vehicle is too dirty to assess the full condition upon check-in date, the vehicle will be fully inspected again after it has been thoroughly cleaned by the rental facility. If damages are found after this is performed, these charges will be applied and paid in full by my security deposit. Damages, penalties, and any other additional charges will be taken from my security deposit – a receipt of the additional charges is available upon request.
- I will 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 Operator as soon as possible. Operator 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.
7. SINGSHOT RENTAL SCHEDULE / LATE FEES. I understand and agree that:
- Check-out time is no earlier than 8:30am on specified check-out date.
- Check-in time is as specified on the rental reservation.
- The vehicle will be held for up to 30 minutes after the reservation time. After 30 minutes, the reservation will be treated as a NO SHOW and you will be charged the full rental period charge.
- Any early returns will be subject to a full charge as per rental reservation.
- If the vehicle is returned over 20 minutes from the check-in time, the reservation will be treated as late and will be subject to a late return fee of $75.
- Rental reservations may be extended at the discretion of the Operator and availability of the vehicle if the Renter gets agreement from the Operator at least 1 hour before the check-in time.
- Please note all of the extra charges and applicable fees will be charged on renter’s credit/debit card on file.
8. REFUND, CANCELLATION POLICY TERMS AND RELEASE FORM. I understand and agree that:
- Cancellations must be submitted 72 hours prior to pick-up time via phone text message or e-mail and there will be no charge for this.
- Cancelations made within 72 hours of check-out date are subject to the full rental period per the reservation.
- If the cancellation is made within 24 hours of check-out date, the full rental reservation charge plus a cancellation fee of $30 will apply.
- If weather adversely affects the ability to utilize the vehicle, Operator is under NO obligation to issue a refund or discount.
- If the vehicle fails, I am REQUIRED to contact Operator immediately. Failure to make contact will delay or forfeit any possible refunds. Depending on availability and circumstances of failure, Operator will then replace the vehicle and issue a refund for the day of failure and the remainder of the rental period will be issued.
- If I am not satisfied with the overall experience of areas, Operator is in no way responsible.
- If I get injured during the rental period and am unable to continue my rental experience for the rental time already purchased, Operator is not responsible and under no obligation to issue any refunds
9. NONTAMPER AGREEMENT. All vehicles supplied by Operator 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 Operator only: Brakes, Throttle, Steering, Suspension, Electronics, Cooling System and Fuel System. Failure to comply with these rules will result in partial or full forfeiture of renter’s security deposit on vehicle. If at any time you as the renter 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 Operator.
- 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.
- No term 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 right 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 vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provision are valid and enforceable.
11. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any vehicle or other equipment obtained from Operator, for 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 referenced vehicle or any other vehicle and/or equipment received or obtained from Operator.
12. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Operator and Polaris Industries Inc ., their subsidiaries, shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorney’s 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 vehicle or any other vehicle or other equipment received or obtained from Operator. The undersigned likewise shall indemnify Operator and Polaris Industries Inc., its shareholders, directors, officers, employees, agents, successors and assigns against any losses, cost or expenses, including attorney’s fees, resulting from a breach of this agreement.
13. 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 construed under the laws of the State of Florida.
14. 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 attorney fees and all costs and expenses incurred in pursuit thereof.
15. ENTIRE AGREEMENT, NO ORAL MODIFICATIONS. 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 Operator, the undersigned, certify that I/We have read the Rental Agreement and understand the contents of this document. I/We execute it voluntarily in good faith and with full knowledge of its significance.
I HAVE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING IT. IUNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS BY SIGNING THIS AGREEMENT.