Rental Waiver

RAD RENTALS LEASE AND LIABILITY CONTRACT

Renter agrees and understands if you break it you pay for it! If a machine goes out of commission or deemed out because of damage renter will pay daily rental fee per day down time!

There is a $40 fuel surcharge on all machines at time of rental down payment.

If a machine happens to get damaged or in need of repair or parts all parts/repairs are done by Rad Rentals or their certified Polaris dealer that they use (we do not out source repairs or parts orders anywhere then what we do sorry for the inconvenience). Renter shall take pictures and videos of the machine rented at the renters location prior to rental.

All rentals will be returned by 7 pm at the latest unless stated otherwise (or in case of a 24-hour rental period). Any late returns may be subject to additional fees.

1.Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.

2. Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties.  Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.  Those risks include, but are not limited to falling, slipping, crashing and colliding.

3.Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries, damages or claims that result from Lessee’s negligence; including any injuries, claims or damages asserted by Lessee’s guests, invitees or third parties.  Lessor agrees to release, forever discharge and hold harmless Lessee for any injuries, damages or claims that are the direct result of Lessor’s negligence; including injuries, claims or damages resulting from defective Leased Equipment or improper assembly or installation of the Leased Equipment.

5.Lessee acknowledges and represents that it has adequate homeowner’s insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.

6.Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it.  Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.

7.Lessee grants Lessor right to enter Lessee’s property for the delivery, pick-up or repossession of the Leased Equipment.  Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.

8.In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Utah, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

9.Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect

10.Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms

11. Lessee understand he or she is liable for any damages caused during there rental and will be charged down time every day untill the unit is back in rental state. Down time is the daily rental price of the unit per day.

 

RENTER DECLARATION OF KNOWLEDGE AND INTENT

1. I am least 18yrs old and hold a valid and active driver’s license.

2. I understand and intend to abide by all laws and regulations of the roads, trails, waterways, and bodies of water in which the rented equipment is used and/or transported.

3. I fully understand how to operate and use the rented equipment

DELIVERY/RETURN: The equipment shall be delivered to RENTER and returned to OWNER at RENTER’s risk, cost and expense. No Refund on RENTALS FOR EARLY RETURNS ! If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period form the time the equipment is delivered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to RENTER for the full term even if the equipment is returned before the end of the term. Late returns will be charged a rate of 150% of the equivalent daily rental rate under this agreement, per day, until returned. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.

ENTRY/REPOSSESSION: RENTER shall allow OWNER to enter RENTER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment.  If RENTER is in default of any of the terms and conditions of this agreement, OWNER, or his agents, at RENTER’s risk, cost and expense may at any time enter RENTER’s premises where the rented equipment is stored or used and recover the rented equipment. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty. LIENS/ENCUMBRANCES: The RENTER shall not pledge or encumber the rented equipment in any way.  DEFAULT/REMEDIES: The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction. To enforce any breach or in any lawsuit involving statutory or contractual obligations of OWNER or RENTER, the non-defaulting party shall be entitled to recover costs of collection, attorney’s fees, court costs, and all other costs from the defaulting party, regardless of whether the matter is litigated or not. All amounts past due and/or in any lawsuit the entire judgment shall bear interest from due date at the rate of twenty four percent (24%) per annum compounded daily until paid. In the event obligations under this agreement or its addendums is assigned to a collection agency or attorney, a collection fee of forty percent (40%) of the debt/obligation assigned shall be added to the amount owed pursuant to the terms hereof and as allowed by law. WARRANTIES: OWNER makes no warranty of any kind regarding the rented equipment, except that OWNER shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions.  Such replacement shall be made as soon as practicable after RENTER returns the non-conforming equipment.  INDEMNIFICATION: RENTER shall defend, indemnify, and hold harmless OWNER, its officers, officials, and employees from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of RENTER’s use of the rental equipment, or from any activity permitted, or suffered by RENTER by others, except only such injury or damage as shall have been occasioned by the sole negligence of OWNER. ACCEPTANCE: These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.