The undersigned hereby rent from Throw Dat Dirt, LLC (TDD) one or more of any of the off-road vehicle(s) (ATV/UTV) in the Throw Dat Dirt fleet, for an agreed upon price, for specified period of time, for use on the Throw Dat Dirt trails under the following terms and conditions.
NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO INSURANCE PROVIDED
Throw Dat Dirt 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. I (We), the undersigned, accept any vehicle or other equipment provided by Throw Dat Dirt in its “as is” condition with all faults. I (We) hereby acknowledge that riding ATV/UTV with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or oneself. Throw Dat Dirt 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 giving up important legal rights. It is my (our) intention to give up those rights and in good faith to relieve and release Throw Dat Dirt of any duty legally owed to me (us) in relation to the conduct of this activity.
TERMS AND CONDITIONS – PLEASE READ CAREFULLY
Limitation of Use and Responsibility for Loss or Damage. I agree that only the persons signing or otherwise identified as a participant in this agreement will operate the rented ATV/UTV, other vehicle(s) or equipment provided for use under this agreement. Should any undersigned person, any minor under my control or any person with permission of any undersigned operate any issued vehicle or equipment in such a manner as to fail to exercise adequate care of the equipment, so as to result in 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 ATV/UTV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. Initial Here
In the event of any damage to any ATV/UTV covered by this agreement, a damage deposit of $350.00 will be collected and held until actual cost of damages can be determined. If damages are less than $350.00 AND there are no lost rental days, the difference will be refunded to customer. I also agree that Throw Dat Dirt LLC may exercise its option to require payment for the loss of use of any ATV/UTV, or other vehicle covered by this agreement, damaged by myself or other riders, at the full day rental rate of $350/day for each day from the date of damage until the vehicle is repaired and replaced in rental service. This option will be exercised in the event of excessive collection times or court proceedings associated with loss recovery for damage to ATV/UTV covered under this agreement. I hereby authorize Throw Dat Dirt to charge my credit card 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. In the event renter is unable to return ATV/UTV or other vehicle due to excessive damage or the ATV/UTV being stuck, Throw Dat Dirt will recover ATV/UTV and may exercise its option to charge the renter $150 per hour. This expense excludes faulty equipment to be determined after recovery. Failure to pay any debt incurred due to damage of property can result in a personal lien. Initial Here
Assumption of Risk. In exchange for access to the Throw Dat Dirt site, I expressly and voluntarily assume all risk and liability for the loss or damage specifically to the Throw Dat Dirt premises, any ATV/UTV or other equipment obtained from Throw Dat Dirt, 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 utilized ATV/UTV or any other equipment received or obtained from Throw Dat Dirt or any other ATV/UTV and/or equipment brought onto the Throw Dat Dirt site by the undersigned, by other riders in party with the undersigned or used onsite by the undersigned. Initial Here
Covenant Not to Sue. I agree and covenant on behalf of myself, my spouse (if any), my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Throw Dat Dirt LLC, or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against Throw Dat Dirt and its shareholders, directors, officers, employees, agents, successors, property owners, landlords, vendors, sponsors, event promotors, event producers, performers and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV/UTV/DIRTBIKE or any other ATV/UTV/DIRTBIKE or equipment received and/or obtained from Throw Dat Dirt. 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. Initial Here
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 governed and construed under the laws of the State of Louisiana. Initial Here
Expenses of Enforcement. In the event of any legal action with respect to this agreement, Throw Dat Dirt in any such action shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof. Initial Here
Entire Agreement, No Oral Modifications. This instrument with attachments, constitutes the entire agreement rental agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized corporate representative of Throw Dat Dirt, LLC. The undersigned certify that I/(we) have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I(We) execute it voluntarily in good faith and with full knowledge of its significance. Initial Here
WARNING:
UNDER LOUISIANA LAW, A MOTORIZED OFF-ROAD VEHICLE ACTIVITY SPONSPOR OR MOTORIZED OFF -ROAD VEHICLE PROFESSIONAL IS NOT LIABILE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A MOTORIZED OFF-ROAD VEHICLE ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE MOTORIZED OFF-ROAD VEHICLE ACTIVITY, PURSUANT TO R.S. 9:2795.4.