This Agreement is entered into between My Big Horn Adventures LLC ("Company") and the undersigned renter ("Renter"). By signing, the Renter acknowledges having read, understood, and agreed to all terms herein.
IMPORTANT NOTICES
• NO INSURANCE PROVIDED TO RENTER – Company does not provide liability, collision, comprehensive, medical, or property damage insurance coverage for the benefit of the Renter. Renter remains financially responsible for all loss or damage as provided in this Agreement. The company may, at its sole discretion, offer an optional Damage Protection Plan under separate written terms. The Damage Protection Plan is not insurance and, if purchased, may reduce the Renter's financial responsibility for certain accidental damage, subject to its terms, conditions, and exclusions. It does not apply to damage resulting from negligence, reckless operation, prohibited activities, intentional acts, or any violation of this Agreement.
• INHERENTLY DANGEROUS ACTIVITY – Operation of UTVs/ATVs involves significant risks of serious injury, death, or property damage.
• PERMITTED AREA ACKNOWLEDGMENT – Renter has received, reviewed, and signed the Trail Map and Designated Area Addendum and understands that operating outside designated areas constitutes a material breach of this Agreement.
1. LATE FEES
If the UTV/ATV is not returned by the agreed time: $50.00 for the first 30 minutes (or portion thereof). No credit for early returns. Late fees are in addition to the daily rental rate.
2. DAMAGES AND LOSS OF USE
Renter is fully responsible for all damage, loss, theft, or destruction of the UTV/ATV and accessories from any cause, including but not limited to collision, rollover, terrain hazards, vandalism, or negligence. This includes: repair or replacement costs at current market rates; loss of use (downtime) at the full daily rental rate for each day the vehicle is unavailable for rental, up to 14 days or until repaired/replaced, whichever is sooner; diminished value as determined by a licensed appraiser selected by the Company; towing, storage, and administrative fees.
Renter must return the vehicle in the same condition as received (normal wear and tear excepted), and free of damage. "Normal wear and tear" means minor surface scuffs consistent with ordinary trail use and does not include scratches through paint, dents, cracked plastics, or mechanical damage.
4. BAD WEATHER / CANCELLATION POLICY
My Big Horn Adventures LLC reserves the right to cancel or modify the rental due to inclement weather, safety concerns, or prior renter delays. "Inclement weather" means conditions including but not limited to: lightning within 10 miles, flash flood warnings in effect, sustained winds exceeding 40 mph, or visibility below 100 feet. If the Company cancels prior to the rental period starting, Renter will receive a full refund or a rescheduled rental at Renter's election. No refunds for cancellations by Renter unless otherwise agreed in writing.
5. EQUIPMENT CONDITION AND INSPECTION
Renter acknowledges they are at least 21 years old, possess a valid driver's license, and have thoroughly inspected the UTV/ATV and all accessories (tires, brakes, lights, seatbelts, etc.). Renter accepts the vehicle in its current condition and agrees to maintain it in safe, operable condition throughout the rental. Pre-existing damage MUST be recorded on the Vehicle Inspection Checklist before the vehicle departs. Any damage not noted on the Checklist at pickup is presumed to have occurred during the rental period.
5A. MANDATORY SAFETY ORIENTATION
Prior to every rental, each authorized driver shall complete a mandatory safety orientation provided by Company personnel. The orientation includes vehicle controls, safe operating procedures, trail rules, emergency procedures, GPS operation, designated riding areas, prohibited activities, and the terms of this Agreement. By accepting possession of the vehicle, the Renter acknowledges that the safety orientation was completed and that all authorized drivers understand and agree to comply with these instructions. Company reserves the right to refuse or terminate the rental without refund if any authorized driver fails to complete the orientation or refuses to comply with the safety instructions.
MINOR PASSENGERS: All passengers, regardless of age, must be listed on this Agreement. Passengers under the age of 18 must have a parent or legal guardian sign the Additional Rider section. No minor may operate the vehicle under any circumstances.
6. BREAKDOWN / MALFUNCTION
Renter must immediately notify the Company and cease operation of the vehicle in the event of any malfunction, warning light, unusual noise, mechanical defect, collision, rollover, or significant impact. The Company's emergency contact number is: (385) 252-0553. If there is no cell service, Renter must return to the nearest trailhead and contact the Company immediately upon regaining service. Company is not liable for any damages, inconvenience, or time lost due to breakdown or malfunction.
Continued operation of the vehicle after a mechanical issue, collision, rollover, or significant impact without Company authorization shall constitute a material breach of this Agreement, and Renter shall be responsible for any additional damage resulting from such continued operation.
7. SAFETY RULES AND OPERATION
Only the Primary Renter and authorized additional drivers (who must also sign this Agreement and meet all age and driver's license requirements) may operate the vehicle.
All occupants must wear DOT-approved helmets (when required by Company), appropriate eye protection where applicable, and properly fastened seat belts whenever the vehicle is in operation.
Prohibited activities include, but are not limited to: reckless or negligent operation; operating the vehicle at an unsafe speed for conditions; driving under the influence of alcohol, drugs, or any impairing substance; operating outside the Permitted Operating Area; carrying more passengers than the vehicle is designed to accommodate; jumping the vehicle; racing or competitive driving; drifting, burnouts, or doughnuts; driving through deep water; towing another vehicle or trailer; removing, disabling, or tampering with any safety equipment or GPS device; or allowing any unauthorized person to operate the vehicle.
Company reserves the right to immediately terminate the rental without refund if Renter or any occupant violates any safety rule or operates the vehicle in an unsafe manner.
8. HEALTH AND FITNESS
Renter represents and certifies that they, and all authorized drivers and riders, are physically and mentally capable of safely participating in this activity and operating or riding in the vehicle. Renter further certifies that no driver or rider is under the influence of alcohol, illegal drugs, prescription medication that may impair safe operation, or any other substance that could affect judgment, coordination, or reaction time.
9. GPS TRACKING AND COMPLIANCE
The UTV/ATV is equipped with a GPS tracking device that records location, speed, and compliance with designated areas. Renter agrees not to tamper with, disable, or damage the device. GPS data showing operation outside the Permitted Operating Area will constitute conclusive evidence of a breach of this Agreement and will void any right to dispute damage charges arising from that breach.
Company may actively monitor GPS alerts during the rental and reserves the right to terminate the rental if unsafe operation or operation outside the Permitted Operating Area is detected.
9A. DRIVER VERIFICATION
The company shall verify the validity of every driver's license prior to releasing the vehicle. Only drivers listed in this Agreement and approved by the Company may operate the vehicle.
10. ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
Renter, on behalf of themselves, all riders, heirs, personal representatives, and assigns, expressly assumes all risks associated with the operation and use of the UTV/ATV, including but not limited to terrain hazards, weather conditions, collisions, rollovers, mechanical failure, wildlife encounters, altitude effects, and limited or absent cell phone coverage.
Renter hereby releases, discharges, and covenants not to sue My Big Horn Adventures LLC, its owners, officers, employees, agents, affiliates, and successors from any and all claims, liabilities, damages, losses, costs, expenses, actions, judgments, and attorney fees (including injury, death, or property damage) arising from or related to the rental, possession, or operation of the UTV/ATV, even if caused by the ordinary negligence of the released parties. This release does not apply to gross negligence or willful misconduct as defined under Utah law.
11. HOLD HARMLESS / INDEMNIFICATION
Renter agrees to defend, indemnify, and hold harmless My Big Horn Adventures LLC and its related parties from any and all claims, demands, losses, or liabilities (including third-party claims and attorney fees) arising from Renter's use, operation, or possession of the vehicle, or from any breach of this agreement.
12. ADDITIONAL COSTS AND ENFORCEMENT
Renter is responsible for all third-party claims resulting from use of the vehicle. Renter agrees to pay all costs, including attorney fees, incurred by the Company in enforcing this agreement, collecting amounts due, or recovering the vehicle.
13. GOVERNING LAW AND VENUE
This agreement shall be governed by the laws of the State of Utah. Venue for any dispute shall be in the county where My Big Horn Adventures LLC maintains its principal place of business.
14. SEVERABILITY AND ENTIRE AGREEMENT
If any provision is held invalid, the remainder shall remain enforceable. This document constitutes the entire agreement and supersedes all prior understandings (oral or written). No modifications unless in writing and signed by both parties.
15. DISPUTE RESOLUTION
Before initiating any legal action, the parties agree to attempt resolution through good-faith negotiation for at least 30 days. If unresolved, the parties agree to non-binding mediation through a mutually agreed mediator before pursuing litigation. This provision does not limit either party's right to seek emergency injunctive relief.