• Gilmer Off-Road Rentals LLC
  • UTV RENTAL AGREEMENT AND WAIVER OF LIABILITY

  • PLEASE PRINT NAME OF PERSON FINANCIALLY RESPONSIBLE FOR UTV/TRAILER

  • Format: (000) 000-0000.
  • NO INSURANCE PROVIDED BY OWNER: Gilmer Off-Road Rentals, LLC does not provide liability insurance, property damage insurance, collision coverage, or any other form of insurance for the renter or any third party. The renter is solely responsible for all injuries, damages, losses, and liabilities that occur during the rental period, whether on-site or off-site.
  • LATE RETURN CHARGES: If the UTV/trailer is returned late, the renter will be assessed the following late fees: $50 for the first 30 minutes past the scheduled return time; $100 for late returns between 31 minutes and one hour past the scheduled return time; and an additional $100 for each hour (or portion thereof) beyond one hour. No credit will be given for early returns.
  • EXCESSIVE CLEANING FEE: The renter is expected to return the UTV/trailer in a reasonably clean condition, free from excessive mud and trash. If the UTV/trailer requires excessive cleaning due to the renter's use, a $100 cleaning fee will be assessed.
  • DAMAGE: The renter is fully responsible for any and all damage to the UTV and/or trailer during the rental period, regardless of cause, including but not limited to breakage, bending, cracking, mechanical damage, cosmetic damage, misuse, improper operation, or failure to follow safety rules. The exception is normal wear and tear. If the UTV or trailer is returned damaged, the security deposit will be forfeited and is due upon return. Additional fees may be assessed for deductibles, loss of use (up to 14 days), fuel, cleaning, damage due to abuse, and late returns.
  • DEPOSIT: A $1,000 security deposit is required for each rented UTV/trailer and is due at the time of rental agreement signing. Payment must be made with a valid debit or credit card. This deposit will be returned to the renter at the end of the rental period, less any costs incurred by Gilmer Off-Road Rentals, LLC for recovery of the UTV/trailer or repairs for damage caused by the renter or any other party during the rental period. If damages exceed the $1,000 security deposit, the renter must immediately pay a $2,500 deductible to Gilmer Off-Road Rentals, LLC upon receipt of an itemized repair bill, which will include charges for lost rental time. The security deposit will be applied toward the deductible after all other fees have been assessed. The security deposit will not accrue interest.
  • INCLEMENT WEATHER: Gilmer Off-Road Rentals, LLC reserves the right to cancel this rental agreement due to inclement weather conditions. If a rental is cancelled due to weather, rental fees will be adjusted based on the actual time the UTV/trailer was used. The availability of a reserved UTV/trailer is contingent upon its timely return by the previous renter.
  • CONDITION OF EQUIPMENT: Renters must be at least 25 years of age. By accepting the UTV/trailer, the renter acknowledges inspection of the unit and all accessories, and confirms they are in suitable and acceptable condition for the renter's intended use. The renter is responsible for maintaining the UTV/trailer and all equipment in a safe and dependable operating condition throughout the rental period.

  • BREAKDOWN OR MALFUNCTION:

  • The renter assumes full responsibility for the UTV/trailer during the rental period. Should a malfunction, breakdown, or defect become apparent after the renter takes possession, Gilmer Off-Road Rentals, LLC must be notified immediately. Continued use of the UTV/trailer after discovering a problem is at the renter's own risk and is strongly discouraged.

  • SAFETY RESPONSIBILITIES:

  • The renter acknowledges understanding and assumes responsibility for operating the UTV/trailer safely and in compliance with all applicable rules and regulations. The renter is also responsible for the safety and welfare of all other UTV/trailer operators and individuals in the vicinity. Gilmer Off-Road Rentals, LLC is not liable for any damages, inconvenience, or lost time resulting from accidents, breakdowns, or malfunctions of the rented UTV/trailer.

  • HEALTH AND FITNESS:

  • The renter affirms they are in good physical condition and free from any condition that could impair their ability to safely operate the UTV/Trailer. The renter certifies they are NOT under the influence of alcohol, drugs (legal or illegal), or any imparing substance at the time of rental and will not consume or use such substances at any time during the rental period. Operating the UTV under the influence is strictly prohibited and will result in immediate termination of the rental without refund, in addition to full financial responsibility for any resulting damage, injury, or loss.

  • INDEMNIFICATION AND HOLD HARMLESS:

  • The renter agrees to indemnify and hold Gilmer Off-Road Rentals, LLC harmless from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) arising out of or in any way related to the use, operation, or possession of the rented UTV/trailer, including claims for property damage, personal injury (including death). Gilmer Off-Road Rentals, LLC assumes no responsibility for any loss or damage to the renter's personal property while it is in or on the UTV/trailer, regardless of cause, including malfunction or theft.

  • RESTRICTIONS ON USE AND LOCATION:

  • The renter is permitted to use the UTV and/or trailer either within the Barnwell Mountain Recreational Area or at an off-site location of their choosing, including private property. Once the UTV/trailer leaves the premises, the renter assumes full responsibility for its use, operation, and condition until it is returned and checked in by Gilmer Off-Road Rentals, LLC. The renter is solely responsible for:
    • Operating the UTV safely, responsibly, and in compliance with all applicable local, state, and federal laws
    • Ensuring that UTV operation is legal at their chosen off-site location
    • Ensuring that only authorized operators listed on this agreement operate the UTV
    • Maintaining control of the UTV at all times and avoiding reckless or negligent behavior
    The following activities are strictly prohibited at all locations:
    • Jumping
    • Performing donuts
    • Excessive speeding
    • Use for any unlawful purpose
    • Careless or negligent operation
    • Operation by any person not a signatory to this agreement
    • Operating the UTV while under the influence of alcohol, drugs, or any impairing substance. NO EXCEPTIONS.
    Gilmer Off-Road Rentals, LLC assumes no responsibility for citations, fines, towing, impoundment, or legal consequences arising from the renter's operation of the UTV/trailer at any location.

  • RESPONSIBILITY FOR LOSS OR DAMAGE:

  • The renter bears full responsibility for any and all loss or damage to the UTV/trailer and all associated equipment, regardless of the cause, with the exception of normal wear and tear. The UTV/trailer must be returned at the end of the rental period in the same condition it was received. In the event of damage or loss, Gilmer Off-Road Rentals, LLC shall have the sole discretion to require the renter to either restore the UTV/trailer to good working order or replace it with a comparable UTV/trailer in good condition.

  • TRANSPORT LIABILITY:

  • The renter assumes full responsibility for the safe loading, securing, transport, and unloading of the UTV and/or trailer. This includes ensuring proper tie-downs, weight distribution, hitch connection, and compliance with all state and local transport laws.
    The renter is solely responsible for:
    • Any and all damage that occurs during loading, unloading, or transport
    • Any accidents, injuries, or property damage involving the tow vehicle, trailer, or UTV
    • Any citations, fines, or legal consequences related to improper transport
    • Ensuring the tow vehicle is capable of safely towing the trailer and UTV
    • Using appropriate straps, chains, or tie-downs to secure the equipment
    Gilmer Off-Road Rentals, LLC assumes no responsibility for accidents, damage, or injuries that occur during transport, whether on public roads, private property, or any other location.

  • RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT:

  • The renter hereby releases, waives, and forever discharges Gilmer Off-Road Rentals, LLC, its owners, employees, agents, and assigns from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) which the renter, their heirs, personal representatives, or assigns may have or claim to have arising out of or in any way related to the use of the rented UTV/trailer. Furthermore, the renter agrees to defend, indemnify, and hold harmless Gilmer Off-Road Rentals, LLC, its owners, employees, agents, and assigns from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) arising from or in any way related to the renter's operation of the UTV/trailer during the rental period. The renter is solely responsible for the payment of all claims brought by third parties arising from the operation and/or use of the UTV/trailer during the rental period.

  • COSTS OF ENFORCEMENT; VENUE:

  • The renter agrees to be responsible for and to reimburse Gilmer Off-Road Rentals, LLC for all losses, costs, damages, legal fees (including reasonable attorneys' fees), and liabilities incurred by Gilmer Off-Road Rentals, LLC in enforcing the terms of this rental agreement. This includes, but is not limited to, expenses incurred by Gilmer Off-Road Rentals, LLC in attempting to collect overdue rent or to recover possession of the rented property, as well as all costs associated with any legal action or proceeding brought to enforce the provisions of this agreement. Any legal action or proceeding arising out of or relating to this rental agreement shall be brought exclusively in the county in which Gilmer Off-Road Rentals, LLC is located.

  • ACKNOWLEDGMENT OF RISK AND WAIVER; CONSENT TO AGREEMENT:

  • The undersigned hereby acknowledge that they have carefully read and fully understand the terms and conditions of this Rental Agreement and Waiver of Liability. They represent that they are signing this agreement voluntarily, in good faith, and with full knowledge of its legal significance and effect. The undersigned further acknowledge that participation in this activity involves inherent risks of extreme sport, including the risk of serious bodily injury or death, and they voluntarily assume any and all such risks.
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