HCUTV liability waiver

High Country UTV Liability Waiver

Please read carefully before signing.
Name*

First NameLast Name
Email*
example@example.com
Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Phone Number*
Please enter a valid phone number.Format: (000) 000-0000.
Drivers License Number*
State Issued*
Date of Birth*
I, having read, signed, and agreed to the terms of Form A (Release of Liability Agreement) hereby agree to incorporate those terms in this Form B (UTV Waiver). Further, I being over the age of 18, know that riding a 4-wheeler or other 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 a UTV, I HEREBY AGREE TO WAIVE, RELEASE AND DISCHARGE in advance OtGMA, employees or agents of said company, (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, along with Form A, 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 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 FOLOWING EXPRESS TERMS AND CONDITIONS.*
Initials
I1. I understand that UTVs are four-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; • NO ONE without a valid driver’s license may operate a UTV. • NO ONE UNDER 18 MAY DRIVE a UTV. • 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. • 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 operation of the UTV close to any other vehicle or other UTVs except when directed to do so by the guide. • Helmets will be provided and are required to be worn at all times. NOTE: Violation of any of the above may result in immediate termination of UTV tour without ANY refund.*
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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, or riding as a passenger, and state that I have no medical condition(s) or disabilities incompatible with the safe operation of a UTV. I acknowledge that NO ONE under the age of 18 may drive a UTV under any circumstances.*
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3. I ACKNOWLEDGE THAT I AM NOT PERMITTED TO OPERATE A UTV WHILE UNDER THE INFLUENCE OF, OR IN ANY WAY IMPAIRED BY ANY DRUG (legal or illegal) OR ALCOHOL. BY INITIALING, I HEREBY WARRANT THAT I AM NOT UNDER THE INFLUENCE, OR IN ANY WAY IMPAIRED BY ANY DRUG AND/OR ALCOHOL.*
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4. I agree not to operate the UTV outside of designated areas.*
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5. I 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.*
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6. I AGREE TO PAY REPAIR COSTS FOR ANY DAMAGE TO THE UTV COVERED BY THIS RENTAL AGREEMENT, OTHER THAN ORDINARY WEAR AND TEAR. I understand the RELEASEES have a $1000.00 deductible and I agree to indemnify and hold the RELEASEES harmless for said amount and understand that I may be liable for any damages, beyond this amount.*
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7. I understand the manufacturer states that passengers, including minor children, are required to place their feet on the floor and grab the designated handle on the UTV. If I cannot physically achieve the manufacturer’s recommendations or choose not to follow them, I expressly assume all risks associated with not placing my feet on the floor and my hand on the designated handle, including, but not limited to, the risk of injury or death.*
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By initialing this box, 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 OtGMA on the basis of any claim from which I have released OtGMA 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.*
Initials
IF A PASSENGER IS UNDER THE AGE OF 18, PARENT/GUARDIAN MUST READ AND CHECK THE BOX THAT THEY AGREE: ALL DRIVERS must be age 18 or older, and in possession of a valid driver’s license. All RIDERS under the age of 18 must also have written permission from a parent or guardian to participate. By signing below, said parent or guardian hereby agrees to and approves the above WAIVER AND RELEASE OF LIABILITY on behalf of his/her minor child.
Please list the full name(s) and age(s) of the minors/children of which you claim you are the parent/guardian:
Name and age of minor

NameAge
Name and age of minor

NameAge
Name and age of minor

NameAge
Name and age of minor

NameAge
Name and age of minor

NameAge
By entering your full name below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By clicking the submit button, you consent to be legally bound by this Agreement's terms and conditions.*

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High Country UTV Liability Waiver