1. Rules of operation.
I agree to follow and be bound by the General ATV/UTV Operation Rules on page three and made a part of this agreement.
2. Limitation of use and responsibility for loss or damage.
I (We) agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV/UTV(s), or other vehicles or equipment and that passengers will not be carried on any ATV/UTV not designated for such use.
No drivers under the age of 18 years will be permitted to drive or operate any ATV/UTV(s) 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 or fail to exercise adequate care of the same 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(s), 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. I also agree to pay for the loss or use of any ATV/UTV or other vehicle covered by this agreement damaged by myself or other riders, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Candoo Rentals (Jimmy Alain Diaz Trasviña ) 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. Copy of valid driver’s license for each Operator is required.
All rentals require a credit card authorization of $1000.00 per ATV/UTV on a valid credit card.
3. Assumption of risk.
I expressly and voluntarily assume all risk and liability for the loss of or damage to any ATV/UTV or other equipment obtained from Candoo Rentals (Jimmy Alain Diaz Trasviña ) 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 identified ATV/UTV(s) and or equipment received or obtained from Candoo Rentals (Jimmy Alain Diaz Trasviña ).
4. Waiver and release of claims.
I, the undersigned on behalf of myself, my spouse (if any), my child, any minor for whom I am guardian, my heirs and successors in interest, now and forever waive, release and discharge Candoo Rentals (Jimmy Alain Diaz Trasviña ), its members, managers, directors, officers, employees, agents, successors and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above referenced ATV/UTV and any other ATV/UTV or other equipment received and/or obtained from Candoo Rentals (Jimmy Alain Diaz Trasviña ). This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know or suspect to exist, but that may develop, accrue, or be discovered in the future.
5. Covenant not to sue.
I agree and covenant on behalf of myself, my children and any minor for whom I am guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Candoo Rentals (Jimmy Alain Diaz Trasviña ) or any member, manager, director, officer, employee, agent, successor, or assign thereof, or in any manner assert any further claim or demand against Candoo Rentals (Jimmy Alain Diaz Trasviña ) and its members, manager, directors, officers, employees, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/ or operation of the above referenced ATV/UTV(s) or any other ATV/UTV related equipment received and/or obtained from Candoo Rentals (Jimmy Alain Diaz Trasviña ). 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.
6. Indemnification.
The undersigned shall indemnify, defend (by counsel reasonably acceptable to Candoo Rentals (Jimmy Alain Diaz Trasviña), protect and hold Candoo Rentals (Jimmy Alain Diaz Trasviña ), its members, managers, 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 ATV/UTV(s) or any other ATV/UTV related other equipment received or obtained from Candoo Rentals (Jimmy Alain Diaz Trasviña ). The undersigned likewise shall indemnify Candoo Rentals (Jimmy Alain Diaz Trasviña ), its members, managers, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorney’s fees, resulting from a breach of this agreement.
7. 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 Mexico and exclusive jurisdiction and venue for any action arising from this agreement shall be the courts of Baja California Sur, Mexico.
8. 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 attorneys fees and all costs and expenses incurred in pursuit thereof, whether before and during suit, at trial, or on appeal.
9. 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 legal representative of Candoo Rentals (Jimmy Alain Diaz Trasviña ). 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.
10. Vehicle Inspection.
By initialing this space the undersigned confirms that a vehicle inspection has been completed and that any pre-existing damage has been listed on that document. Any damage found at time of return not previously listed on the inspection will be the sole responsibility of the undersigned.