Summer Snow Enterprises, LLC
DBA Summer Snow Outfitters SNOWMOBILE/ SCOOTER OPERATING RULES, RENTAL AGREEMENT, RELEASE OF LIABILITY * DISCLAIMER * Summer Snow Outfitters is committed to safety. These commitments to our valued customers are especially important during these challenging times as we address the potential impacts of infectious disease. We continue to monitor and take direction from local, state and national health organizations. Please adhere to the applicable laws and guidelines set in place during your rental regarding restricted travel, stay-at-home orders, social distancing, sanitation, etc. Information can be found at https://rebound.idaho.gov/stages-of-reopening/. Summer Snow Outfitters has increased the frequency of cleaning and sanitation procedures especially regarding high-touch areas of equipment. Although disinfectants are used frequently, Summer Snow Outfitters cannot be responsible for lack of personal sanitation and/or exposure to pathogens, viruses, disease etc. under any circumstance. It is the responsibility of the Operator to maintain sanitation practices before, during and after the rental. We appreciate your willingness to recreate responsibly. Outdoor recreation and exercise is important now more than ever. Summer Snow Outfitters is grateful to have your patronage, and we are proud to offer a public transit service to the community. Travel insurance is recommended. We are not able to provide cash refunds for cancellations outside our cancellation policy deadline due to travel restrictions, etc. Summer Snow Enterprises, LLC.,
D.B.A. Summer Snow Outfitters POWERSPORTS EQUIPMENT OPERATING RULES 1) Summer Snow Outfitters reserves the right to refuse rental to operators and/or passengers if we determine it is in your best interest.
2) Machines shall not be used for towing anything, nor used for stunts, jumping or racing. No “brodies”, “donuts”, “wheelies” or “powerslides”. NO driving snowmobiles in the parking lot EXCEPT to get to the trail head.
3) No rider shall be under the influence of alcohol or drugs during the rental period.
4) All riders shall wear a helmet during operation at all times. Riders shall not wear loose clothing, scarves or untied footwear. All riders shall keep clothing away from drivetrain.
5) No more than one person may ride on a single-seat machine at a time. Maximum 220 lbs. per scooter or 425 lbs. per snowmobile.
6) Riders shall always follow traffic laws, travel at safe speeds, never exceed posted speeds and travel at decreased speeds in high traffic or pedestrian areas and maintain safe following distance between machines.
7) Machines will not be operated on the highway, off-road or off-trail.
8) Scooters will only be operated on pavement and never on dirt, gravel, mud, etc.
9) Riders consent in advance to and release rights for any photo, video, or audio of themselves to be used by Summer Snow Outfitters for marketing or other promotional considerations.
10) Drivers and riders shall IMMEDIATELY notify Summer Snow Outfitters of any altercations, collisions, damage and/or mechanical problems involving the rental equipment or any other property during the time of rental.
11) Lessee will be responsible and charged for all damages occurring during rental session including parts, labor, wear & tear, etc.
12) Lessee is responsible for returning equipment in the same condition as when it was rented.
13) Lessee is responsible for paying any fines for parking violations or impounded vehicles.
14) Lessee will be charged a late return fee of $250 for late return of equipment regardless of getting lost, traveling too far to get back in time, etc. if machines are returned more than 30 minutes late.
15) Any violations of these operating rules constitute a breach of the Rental Agreement and may be grounds for penalties and fees.
16) Lessee authorizes immediate charges to the credit card on file for damages or other costs that may exceed the amount of the original transaction.
17) Lessee agrees that no cash refunds will be given in the event of lessee's late arrival or no-show resulting in a cancelled reservation.
18) Lessee authorizes all charges to the credit card on file, even in the event of a no-show cancellation.
19) Lessee recognizes that snowmobiling and operating a snowmobile is inherently dangerous and agrees that it is the Lessee's own responsibility to be prepared for safe winter backcountry travel.
20) It is NOT the responsibility of Summer Snow Outfitters to provide rescue or retrieval if Lessee becomes lost, injured, damages equipment, or fails to properly operate equipment.
21) It is NOT the responsibility of Summer Snow Outfitters to provide extrication of inoperable equipment unless it is due to mechanical failure on the trail.
22) Lessee is responsible for additional costs required to retrieve damaged and/or stuck equipment.
23) Lessee understands that equipment is NOT covered by insurance and Lessee is personally responsible for all costs of repair and lost future scheduled business due to damages.
24) Lessee agrees that failure to notify Summer Snow Outfitters of damages to equipment will result in additional administrative fees.
25) Lessee agrees to inspect rented snowmobile trailers and agrees that all components are in working order at the time of rental.
26) Lessee must have previous experience towing trailers and is responsible for any traffic incidents while towing. I HAVE READ, UNDERSTAND AND AGREE TO THESE RULES. I HAVE RECEIVED INSTRUCTION REGARDING SAFETY, OPERATION AND THE PROPER USE OF POWERSPORTS EQUIPMENT. ----- Summer Snow Enterprises, LLC.,
D.B.A. Summer Snow Outfitters
Rental Agreement This rental agreement is made between Summer Snow Enterprises, LLC, DBA Summer Snow Outfitters (Company), and (Lessee) where the Company rents to the Lessee the equipment described herein subject to the following terms and conditions: 1. Description of Equipment Rented. Lessee leases from the Company the Machine(s) and Additional Gear described on the sales invoice between the parties of even date herewith and incorporated herein by this reference. Any reference to Equipment in this lease shall mean that Machine(s) and Additional Gear described on the sales invoice including trailers used to transport Equipment. 2. Payment of Rent. Lessee agrees to pay to the Company the rental rate for the Equipment as specified on the sales invoice. Additionally, Lessee shall pay for all additional gear or rental charges specified on the sales invoice. Lessee authorizes any charges on an additional invoice regarding damages or fees described in this agreement. 3. Return of Equipment. Lessee leases the Equipment for the time specified on the sales invoice attached hereto. Lessee agrees to return the Equipment at the return date and time specified on the sales invoice, and the Lessee’s right to possession terminates at that time. Lessee’s retention of possession after the return time constitutes a material breach of this contract. In the event the Equipment is not returned at the specified return time, Lessee shall be charged $250, and Lessee shall pay any additional damages, fees and costs incurred by the Company as a result of the late return of the Equipment, including all costs of retrieval of the Equipment and costs associated with securing possession of the Equipment. In addition to the late fee, Lessee shall remain liable for the payment of the rental rate for the Equipment until the Equipment is returned to the possession of the Company. If the Equipment is not returned at the time specified on the sales invoice, Lessee shall be in default hereunder and the Company shall be entitled to exercise all remedies set forth herein in addition to all remedies provided by law. In case of Lessee’s failure to return the Equipment, and/or if Company deems itself insecure for any reason, and/or in the event of breach of this Agreement, Company may enter the premises where the Equipment is located and render it inoperative or remove it and/or take any other action necessary to retrieve and repossess the Equipment without process of law and without any notice to Lessee. If Company takes action hereunder to retrieve and/or repossess the Equipment, Lessee shall pay all costs and fees incurred by Company. Lessee shall remain liable for the Equipment or for any loss or injury to the Equipment notwithstanding the exercise of these remedies. The remedies provided herein in favor of Company are not exclusive but shall be cumulative and in addition to all of the remedies existing at law or in equity, any one or more of which may be exercised simultaneously or successively. The Company, in its own discretion, may report as stolen all Equipment not returned at the time required or if conditions or circumstances indicate theft prior to that time. 4. Condition of Equipment. Lessee has thoroughly inspected the Equipment prior to use and any defects or damaged portions of the Equipment are noted by the Lessee on the sales invoice attached hereto. Lessee agrees to return the Equipment to Company in the same condition as at the time Lessee takes possession of the Equipment. Lessee assumes all risk of loss or damage to the Equipment and other involved property from any cause whatsoever. Accordingly, until the Equipment is returned to Company’s possession, Lessee shall be responsible for any damage to or loss of the Equipment. If the Equipment is lost or damaged beyond repair, Lessee shall pay to Company the replacement cost of the Equipment together with the loss of rental resulting from the Company’s loss of use of the Equipment. 5. Lost Keys. If the keys to a machine are not returned at the time the machine is returned, Lessee shall pay Company an additional sum of $100.00. 6. Security Deposit. Although Lessee authorizes additional charges to the card on file, Lessee may be required to pay a security deposit (valid credit card or cash only) at the time this rental agreement is signed for each machine rented. This deposit will be credited to or returned to the Lessee upon timely return of the Equipment in the same condition as the time the Lessee rented the Equipment. In the event Lessee breaches this agreement, the security deposit shall be immediately applied by Company (and Lessee authorizes charges against credit card and deposit) to pay additional rental due as the result of the breach, to pay any expenses incurred to retrieve the Equipment, to reimburse Company for loss of use of the Equipment, to repair any damage to the Equipment and/or to replace the Equipment in the event of total loss of the Equipment. Company shall provide Lessee with a detailed statement of the application of the security deposit, and should the costs exceed the amount of the security deposit, Lessee agrees to make payment in full immediately upon demand by the Company. 7. Termination of Rental by Company. Company reserves the right to terminate the rental of the Equipment prior to the return time in the event Company determines that changes in weather or snow conditions or any other condition exists, including operator’s lack of skill, which present a risk of damage to the Equipment or risk of injury to Lessee or others. Additionally, if Lessee breaches the terms or conditions of this Agreement, Company may terminate the use of the Equipment by Lessee and Lessee shall immediately return the Equipment to the Company’s facility. 8. Operating Rules. Lessee acknowledges that Lessee has read and fully understands all of the Operating Rules set forth on the document entitled “Operating Rules” which was signed by Lessee and all riders at the time of execution of this Agreement. Any failure to comply with the Operating Rules shall constitute a breach of this Agreement, and Company shall be entitled to exercise any remedies herein or provided by law. Lessee acknowledges that any breach of the Operating Rules allows immediate charges to the financial information on file in order to remedy damages to Summer Snow Outfitters. 9. Indemnification and Release of Liability. Lessee shall assume the full responsibility for any rider of the Equipment rented by Lessee. Lessee shall sign and Lessee shall require all riders of Equipment leased by Lessee to sign the document entitled “Assumption of Risk, Release of Liability and Indemnification”. If a rider is under the age of 18 years, Lessee shall require a parent or guardian of the child to execute the document. If Lessee fails to comply with the terms of the Assumption of Risk, Release of Liability and Indemnification Agreement, or if Lessee fails to obtain the signatures of all riders (or parents or guardians of riders) of Equipment leased by Lessee, Lessee shall be in default hereunder. 10. Lessee’s Condition. Lessee certifies that Lessee and all riders understand the rules and regulations for safe operation of Equipment. Lessee certifies that Lessee and all riders are in good health, have no physical defects that may be of danger to themselves or anyone else, and that Lessee and all riders are capable of safe operation of the Equipment. Furthermore, Lessee certifies that Lessee and all riders are not impaired by or under the influence of alcohol or drugs and will remain so during the rental period. 11. Entire Agreement. This Agreement expresses the entire agreement between the parties with respect to the subject matter hereof. No change, modification or alteration of the terms hereof will be effective unless the same is in writing and signed by both parties. Lessee’s execution of this Agreement and/or acceptance of delivery of any part of the Equipment to be furnished hereunder shall constitute Lessee’s acceptance of all of the terms and conditions contained herein. 12. Attorneys’ Fees, Litigation and Collection Charges. Lessee shall pay all costs, including reasonable attorney’s fees, incurred by Company in connection with Lessee’s breach of the terms and conditions herein. Additionally, any unpaid sums due hereunder shall bear interest at the rate of 18% per annum. In the event of litigation in connection with this Agreement, jurisdiction for such litigation shall be in the Superior Court of the State of Idaho and venue thereof shall be in the Superior Court for the State of Idaho. 13. Severability. If any provision or any part of this Agreement or the documents executed in connection herewith is hereafter held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. I HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. -----
SUMMER SNOW ENTERPRISES, LLC, DBA SUMMER SNOW OUTFITTERS
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION
In consideration of the rental and/or participation in the use of the powersports equipment (scooters, snowmobiles, boats or other similar equipment) described in the Lease between Summer Snow Enterprises, LLC (hereafter referred to as the “Company”) and (Lessee), the undersigned, who is either the Lessee or participating with the Lessee in the use of the equipment agrees and acknowledges as follows: I understand and accept that operating or riding powersports equipment is an action sport involving significant, inherent, known and unknown risks of serious personal injury, death and property damage. I understand and acknowledge that these risks include, but are not limited to risks from natural, mechanical and human conditions and hazards which independently or in combination with my activities, and those of my children or others, may cause property damage and/or severe, disabling or even fatal injuries to me, my children or others. I understand that there are risks posed by malfunction of and defects in powersports equipment, risks arising from lack of training and experience of operators and riders on powersports equipment leased hereunder or others operating powersports equipment in the same vicinity, risks arising because of misuse of powersports equipment, risks arising from the negligent and/or intentional acts or omissions of others, including the Company, risks associated with collisions with natural and man-made objects, risks from exposure to weather conditions in remote mountainous terrain, risks associated with travel in mountainous terrain, risks associated with operation of equipment in remote areas where medical assistance may not be readily available. Additionally, the undersigned further acknowledges that there are many other dangers and risks associated with the operation and use of powersports equipment that are not set forth herein and there may be dangers and risks not known to the undersigned or even reasonably foreseeable at this time. I fully accept and assume all of the risks associated with the use and operation of the powersports equipment. I accept and assume any and all risks and dangers of bodily injury, permanent disability, death and/or property damage to myself and to the minors named herein or participating with me in the use of the powersports equipment, even if caused in whole or in part by the negligent or intentional act or omission of the Company, its managers, members, employees, agents, representatives and/or contractors, that arise in connection with or related to participation in the rental or use of the powersports equipment and/or while we are engaged in any activity during the period of rental or use of the powersports equipment. Having fully accepted and assumed all risk associated with the use of and operation of the powersports equipment, I release, waive and discharge the Company, its managers, members, employees, agents and/or contractors from any and all liability, claims, demands or causes of action of any kind or nature whatsoever arising out of any damages, losses, injuries to or death of the undersigned, children or wards of the undersigned, and/or minors listed herein or participating with the undersigned, and/or damages to or loss of property of the undersigned or anyone else arising in connection with the rental of, participation in the rental, use of and/or operation of the powersports equipment rented by the Lessee from the Company and/or arising in connection with the use of the premises of the Company, whether such losses, damages, property damage, bodily injuries or death are caused, in whole or part, by the negligent or intentional act or omission of the Company, its managers, members, employees, agents, representatives and/or contractors. Additionally, the undersigned agrees to indemnify and hold the Company, its managers, members, employees, agents, representatives and/or contractors, harmless from any and all losses, fines, penalties, expenses, including attorneys’ fees, liability, claims, demands or causes of action of any kind or nature whatsoever arising out of any damages, losses, injuries to or death of any person, including the undersigned, children or wards of the undersigned, and/or minors listed herein or participating with the undersigned in the use of the powersports equipment, and/or damages to or loss of property of the undersigned or anyone else resulting from or arising in connection with the rental of, participation in the rental of, use of and/or operation of the powersports rented by the Lessee from the Company and/or arising in connection with the use of the premises of the Company, whether such losses, damages, property damages, bodily injuries or death are caused, in whole or part, by the negligent or intentional act or omission of the Company, its managers, members, employees, agents, representatives and/or contractors. If any provision or any part of this Agreement is hereafter held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND FREELY AND VOLUNTARILY ACCEPT THE TERMS OF THIS AGREEMENT. |
