Wasatch Front Rentals LLC

EQUIPMENT RENTAL, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions.
“Equipment” as referenced in this document includes Side x Sides, and any other equipment owned and/or provided by Wasatch Front Rental LLC. The person who is operating the equipment shall be referred to hereinafter as “Participant”. The “Undersigned” means the Participant as well. “Released Parties” mean Wasatch Front Rental LLC, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means renting, transporting riding on and/or using any Equipment.

2. Risks of Activity.
The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to, equipment malfunctions and defects; collisions; speed; terrain; man-made and natural obstacles and/or obstructions; falling objects; encounters with other motorized recreational equipment operators and/or other motor vehicles; becoming lost or separated; lack of shelter; storms, lightning, hail, snow and other adverse weather; avalanches; lack of training; and negligence of others. THE UNDERSIGNED ACKNOWLEDGEAND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3. Release, Indemnification, and Assumption of Risk.
In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows:

(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, gross negligence, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees, attorneys fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.

(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. Equipment Use and Damage.
Equipment is rented as is and with no warranties, express or implied. The Undersigned accept full responsibility for the care of Equipment during the rental period. The undersigned agrees to provide Wasatch Front Rental LLC with a damage deposit of $500.00, either in cash, or by authorizing a charge to credit card. Undersigned agrees that Wasatch Front Rental LLC may apply some or all of this damage deposit to the cost of repairing any damage to Equipment that occurred during the rental period. Undersigned agree to pay for any damage, loss or theft that occurs to Equipment regardless of the circumstances under which such damage may occur. Undersigned agree to pay for any lost rental income for the period of time Equipment is out of service due to damage for which Undersigned is responsible. Undersigned agree to pay for any costs incurred in retrieval of Equipment which is not returned for non-mechanical reasons. Undersigned agree to pay all costs, including reasonable attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this agreement. Undersigned agree to pay interest of 18% per annum on all sums owed to Released parties. The Undersigned agree that Released Parties are authorized and shall have the right to charge the Undersigned’s credit card for any sums owed.

5. Miscellaneous.
The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Utah, and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in Salt Lake City, Utah, and Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

6. Age Certification.
The Undersigned certify under the penalty of fraud, Participant is (initial the following):