Mountain Quest Waiver
PLEASE READ CAREFULLY. THIS CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO POSSIBLE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.
ATV RENTAL AGREEMENT AND WAIVER OF LIABILITY
The undersigned hereby rent from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL the following described all-terrain vehicle (ATV) or helmet for a limited period of time, upon the following terms and conditions
Date of Birth:
NO WARRANTY - NO INSURANCE PROVIDED INHERENTLY DANGEROUS ACTIVITY
MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTVs on the mountains of Rizal and MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL property with other death to others or myself. MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL of any duty legally owed to me in relation to the conduct of this activity.
TERMS AND CONDITIONS
1. RULES OF OPERATION. I agree to follow and be bound by the General ATV/UTV Operation Rules made a part of this agreement.
2. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV/UTV or other equipment obtained from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ATV/UTV or any other ATV/UTV and/or equipment received or obtained from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL.
3. ASSUMPTION OF RISK WHILE USING THE ATV/UTV. I am aware the use of ATV’s and UTV’s involves certain risks, dangers and hazards. I am aware and accept all the risks, hazards, and dangers associated with ATVs and using ATVs and fully accept all the risks involved in such activity as specified above and the possibility of personal injury, death, property damage or loss resulting therefrom.
4. WAIVER AND RELEASE OF CLAIMS. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever waive, release and discharge MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL, its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above referenced ATV/UTV and any other ATV/UTV or other equipment received and/or obtained from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL.
5. COVENANT NOT TO SUE. I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL or any shareholder, director, officer, employee, agent, successor or assign thereof, or in any manner assert any further claim or demand against MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL and its shareholders, directors, officers, employee’s, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/or operation of the above referenced ATV/UTV or any other ATV/ UTV or equipment received and/or obtained from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
6. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for the death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced ATV/UTV or any other ATV/UTV or other equipment received or obtained from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL. The undersigned likewise shall indemnify MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
7. PARTIAL INVALIDITY/CHOICE OF LAW. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the Republic of the Philippines.
8. EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.
9. ENTIRE AGREEMENT, NO ORAL MODIFICATION. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL.
10. PARENTAL CONSENT. I ____________________________________ am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed ATV/UTV or any other vehicle or equipment I may obtain from MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL may be used and operated by such minor(s) in accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement.
11. I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL and its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of rafting equipment or my participation in rafting activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL.
ATV RENTALS GENERAL OPERATION RULES AND GUIDELINES
1. Only adult riders who have signed the Rental Agreement and Waiver of Liability (“Agreement”), or a minor whose parent or guardian has signed the Agreement on their behalf, shall operate any ATV/UTV, or other rental vehicle.
2. A helmet must be worn at all times while operating or riding in an ATV/UTV.
3. Do not operate any ATV/UTV or other vehicle in a reckless or dangerous manner.
4. Obey all posted signs. Do not ride faster than posted speed limits.
5. Do not carry persons other than what the machine is designed for.
6. Ride at your current skill level. Don’t push your limit. Be careful!
7. Do not ride outside designated trail areas. This includes areas posted DO NOT ENTER or posted Private Property.
8. Do not participate in any race or other contest involving ATVs/UTVs or other vehicles.
9. Do not tow other ATVs/UTVs or other vehicles and do not have them tow you and your rental ATV/UTV or other rental vehicles. Call the MOUNTAIN QUEST ATV and DIRTBIKE RENTAL office!
10. No alcohol consumption before or during use and possession of rented ATV/UTV or other vehicle and equipment.
11. Watch out for cliffs and drop-offs. Be very careful!
12. Avoid contact with wildlife, and keep a safe viewing distance.
13. Be aware of other riders and vehicles. Slow down when approaching a blind corner.
14. Do not park and leave vehicle or equipment unattended.
15. In case of a breakdown or emergency, call (0977) 8433942 and speak with a MOUNTAIN QUEST ATV AND DIRTBIKE RENTAL employee. Do not leave a disabled vehicle alone at any time. Additional rental time will be allocated for time lost due to a breakdown for the rider of the vehicle only.
16. Vehicles are to be returned on time or additional fees will be charged.
17. There are no refunds for early returns.
18. There are no refunds if it rains.
19. Violators of any above listed rules will be asked to leave with no refund. We reserve the right to exclude any rider for any inappropriate behaviors.some warning have been given out and we reserve the right to immediately remove violations from our park and trails for any misconduct that we deem dangerous or rule breaking.
EMERGENCY PHONE NUMBER: (0977) 8433142