Please read and agree to the following in its entirety before participation:
I, being over the age of 18, know that riding a 4- wheeler or other Utility Terrain Vehicle (“UTV”), is an activity carrying risks of serious personal injury, death or property damage. I also know that there are natural, mechanical and environmental conditions and risks which independently or in combination with my activities may cause injury or even death to me or others, as well as property damage. I know that operating UTVs has been the cause of serious injury and death in the past, because of the risks inherent in operation of the vehicle itself as well as where and how they are operated.
Being fully aware of the risks, conditions and hazards of the proposed activity as a participant, and in consideration for the enjoyment and experience of being able to rent and operate an UTILITY TERRAIN VEHICLE ("UTV") I HEREBY AGREE TO WAIVE, RELEASE AND DISCHARGE in advance SOUTHERN GAP OUTDOOR ADVENTURE employees or agents of said companies, and any agent and/or ticket seller (hereinafter all collectively referred to as “RELEASEES”) from any and all liability, claims for damages for death, personal injury or property damage which I may have or which may hereafter accrue to me as a result of my participation in the UTV riding activity arising out of this rental agreement, whether known or unknown at this time, even if that liability may arise out of the negligence or carelessness on the part of persons or entities mentioned above. I agree to accept all responsibility for the risks, conditions and hazards which may occur, whether they be known or unknown, ARISING FROM ANY ACCIDENT, INJURY OR PROPERTY DAMAGE WHATSOEVER, RELATED TO, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, CUSTOMER'S RENTAL, PARTICIPATION OR OPERATION OF SAID UTV.
This release contains the entire agreement between the parties hereto, shall not be altered except in writing signed by both parties, and shall be considered a contractual agreement and not a mere recital. CUSTOMER FURTHER STATES THAT HE OR SHE HAS CAREFULLY READ THIS ENTIRE AGREEMENT, SIGNED OF HIS OR HER OWN FREE WILL, AND ON BEHALF OF ANY MINOR CHILD OR CHILDREN WITHIN CUSTOMER'S CHARGE, AND, IN SO DOING, ACKNOWLEDGES AND AGREES TO ABIDE BY THE FOLLOWING EXPRESS TERMS AND CONDITIONS.
Initial boxes 1-5:
1. I understand that UTVs are 4 wheeled gasoline powered vehicles which can achieve speeds of over 30 miles per hour, and can suddenly and violently accelerate, turn, overturn (especially on inclined surfaces), and/or lose control, depending upon my operation, terrain, and/or weather conditions. I AM AWARE THAT USE OF UTVs MAY BE HAZARDOUS, AND I HAVE ELECTED TO VOLUNTARILY PARTICIPATE IN THIS ACTIVITY WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANY AND ALL RISKS OF PERSONAL INJURY OR DEATH. I acknowledge that the UTV must at all times be operated in a reasonable, safe and prudent manner. I acknowledge that failure to observe and abide by the following may unreasonably or unnecessarily endanger life, limb or property, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
- NO ONE UNDER 16 MAY DRIVE a UTV.
- NO riding without proper gear, including helmet, goggles and sturdy boots or shoes at all times.
- NO wheelies, jumps, stunts, bumping, cutting in front of other vehicles or UTVs, stop and gunning the UTV or other reckless driving or operation at any time.
- NO driving too fast for the conditions, visibility or experience. Drivers are aware of and must be alert for the possibility of hidden dangers when riding over unfamiliar terrain.
- NO "side-hilling" - to keep from turning over, you must go directly up and down all hills and embankments. Stay away from, or use extreme caution on or near, all public roads and vehicular traffic.
- NO operation of the UTV outside designated areas and trails – stay on the established trail.
- NO riding too closely behind other all terrain vehicles – keep at least four UTV lengths behind another UTV.
NOTE: Violation of any of the above may result in immediate termination of UTV rental without ANY refund.
2. I warrant that both MYSELF and MY minor children (where applicable) must act responsibly and in a careful manner as mature adults in operating the UTV and state that I have no medical condition(s) or disabilities incompatible with the safe operation of an UTV. I acknowledge that NO ONE under the age of 16 may drive a Single Rider UTV or under the age of 18 to drive a Side by Side UTV under any circumstances.
3. I ACKNOWLEDGE THAT I AM NOT PERMITTED TO OPERATE AN UTV WHILE UNDER THE INFLUENCE OF, OR IN ANY WAY IMPAIRED BY ANY DRUG (legal or illegal) OR ALCOHOL. BY INITIALING THIS BOX, I HEREBY WARRANT THAT I AM NOT UNDER THE INFLUENCE, OR IN ANY WAY IMPAIRED BY, ANY DRUG AND/OR ALCOHOL.
4. I AGREE TO PAY REPAIR COSTS FOR ANY DAMAGE TO THE ATV COVERED BY THIS RENTAL AGREEMENT, OTHER THAN ORDINARY WEAR AND TEAR. I further agree to hold harmless and indemnify RELEASEES for any and all loss or damages (including theft) to MYSELF or other persons, objects or property, including, but not limited to, any eyewear (prescription or non-prescription eyeglasses, contact lenses, sunglasses, etc.), cash, jewelry, electronic equipment, including cell phones and cameras or other personal property, caused by or arising out of MY use or operation of the rented UTV.
4. I hereby give my permission and consent to the taking of photographs, video, and other images of me, or the child, and agree that such images may be published and otherwise used by PA UTV Tours for advertising, promotion, publicity, or such other purpose as it deems appropriate, without compensation to me or to the child.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PA UTV Tours on the basis of any claim from which I have released PA UTV Tours herein.
I have had the opportunity to read this entire two-page document. I have read and understood it and agree to be bound by its terms.
