Rental Agreement Throw Dat Dirt

THROW DAT DIRT RENTAL & PROPERTY USE AGREEMENT

The undersigned hereby rents 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 date and period of time as detailed on the individual or associated group reservation, and/or “Face Page”, and/or optional third-party insurance policy secured by the undersigned, for exclusive use on the THROW DAT DIRT trails under the following terms and conditions.

Definitions: 

"Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver and Assumption of Risk, any addenda and any additional materials we provide and that you sign at or in advance of the time of rental. "You" or "your" means the person identified as the renter or participant, 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 “I” or "you" or “your" are jointly and severally bound by this Agreement. "We," "our" or "us" means Throw Dat Dirt, LLC            "Authorized Driver" means the renter and any additional driver or participant listed by us on this Agreement, provided that each such person is at least 18 years of age and, for off-road ATV operation on TDD trails, presents valid government-issued photo ID (a standard driver's license is not required for operation of an ATV under Louisiana off-road regulations, but may be required for insurance). Authorized Drivers are the only persons permitted to operate the Vehicle; minors under 18 require a waiver signed by a parent/guardian and may only ride as passengers unless otherwise approved in writing. "Vehicle" means the ATV/UTV (“power sport” vehicle) in the TDD fleet assigned and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees, calculated at the full day rental rate of $540/day as detailed in this agreement. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.

RENTAL - NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO INSURANCE PROVIDED BY THROW DAT DIRT BUT OPTIONAL THIRD-PARTY COVERAGE MAY BE SECURED FOR YOUR RIDE AT AN ADDITIONAL COST

This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense with reasonable notice where possible without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You must return the Vehicle at the conclusion of your reserved ride time, in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle for inspection and written amendment by us before the conclusion of your reserved ride time. . .

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. You, the undersigned, accept any vehicle or other equipment provided by Throw Dat Dirt in its “as is” condition with all faults. You hereby acknowledge that riding ATV/UTV with other like vehicles and riders is an inherently 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. You personally accept all risks and liabilities of this activity. It has been explained to you and you understand that by executing this document you are giving up important legal rights. It is your intention to give up those rights and in good faith to relieve and release Throw Dat Dirt of any duty legally owed to you in relation to the conduct of this activity. .

Insurance: For an additional cost, optional third-party renter’s insurance for your ATV/UTV rental may be made available through an independent carrier and secured by you at or before your reserved ride time. Throw Dat Dirt acts solely as a facilitator and is not an insurance agent or broker; premium is paid directly to the carrier, and addendums are sent directly to you via the email provided to the carrier. Throw Dat Dirt is under no obligation to provide any insurance coverage whatsoever.  You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to maintain your own liability, collision, and comprehensive insurance covering you, us, and the Vehicle.  You and we reject PIP, medical payments, no‐fault, uninsured and under‐insured motorist. You must: (a) report all damage to us and all accidents to us and/or the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the optional third-party policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report. .

TERMS AND CONDITIONS – PLEASE READ CAREFULLY

Limitation of Use and Responsibility for Loss or Damage. Only Authorized Drivers as listed on this Agreement, or the individual or group reservation, may operate the rented ATV/UTV, other vehicle(s) or equipment provided for use under this agreement. Should any Authorized Driver, any minor under your control (with separate waiver or participant on this waiver), or any person with permission of an Authorized Driver 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, you 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 you have forfeited a damage deposit. You AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE.

Subject to the law in the jurisdiction where the Vehicle was rented, your responsibility will include all physical damage to the Vehicle and associated cost which may include but not be limited to the following:

(1) The reasonable estimated retail value or actual cost of repair plus diminished value;

(2) Loss of Use, which is measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty;

(3) An administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: 0‐$250 damage=$50 fee;251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee;

(4) Towing, storage, and impound charges and other reasonable incidental and consequential damages; and

(5) All costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced.

In the event of any damage to any ATV/UTV covered by this agreement, a damage deposit (if uninsured) or a deductible if insured of $1000.00 will be collected and held until actual cost of damages can be determined. If damages are determined to be not covered by insurance, AND are less than $1000.00, AND there are no lost rental days, the difference will be refunded to customer. You 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 yourself or other riders in your reservation group, at the full day rental rate of $250/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. You hereby authorize Throw Dat Dirt to charge your credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges that you 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, as determined by an independent third-party inspection if disputed.

Prohibited Uses:

The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or Participant or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction (not applicable for off-road operation without a license); (b) by anyone under the influence of prescription or non‐prescription drugs or alcohol, including a blood alcohol content exceeding Louisiana limits (La. R.S. 14:98); (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) to commit a willful, wanton or reckless act; (g) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (h) in violation of any “Trail Rules and Safety Briefing,” vehicle safety and operations training, or other similar materials that we provide to you at the time of rental. .

Your Property & Personal Information:

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, in or on the property, including ATVs/UTVs, etc… or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions, in compliance with Louisiana privacy laws. .

Assumption of risk:

In exchange for access to the Throw Dat Dirt site, you 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 you, by other riders in party with you or used onsite by you.

Covenant not to Sue. You agree and covenant on behalf of yourself, your spouse (if any), your children, and any minor for whom you are the guardian (with this same or a separate waiver), you 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 you do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

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, without regard to conflict of laws principles.

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, including pre‐ and post‐judgment attorney fees; we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (a) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (b) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (c) a fee of up to $25.00 if you lose the keys to the Vehicle.

Miscellaneous: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.   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. 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. 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. Throw Dat Dirt is not liable for trail closures due to weather, maintenance, or force majeure events (e.g., acts of God, government orders). If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

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 you have read the Rental Agreement and Waiver of Liability and understand the contents of this document. You execute it voluntarily in good faith and with full knowledge of its significance.

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.