Upscale Motors Waiver
VOLUNTARY WAIVER, CONSENT, RELEASE AND HOLD HARMLESS AGREEMENT
Please, read this agreement carefully, do not sign this agreement unless you agree to these terms. Riding is voluntary and you are not required to participate.
1. In consideration for being allowed to rent, drive, ride in and/or utilize a vehicle pursuant to the accompanying Rental Agreement (the “Rental Opportunity), I agree to assume all risks, waive all claims, release all liability, and defend and hold Upscale Motors (“Operator”) and Polaris Industries Inc. (“Polaris”), and their directors, officers, agents, affiliates, subsidiaries and parent companies, harmless to the fullest extent allowed by law.
2. I ACKNOWLEDGE AND AGREE THAT:
- If I will be a driver of the vehicle, I have a valid driver’s license, I am 21 years of age or older and I can legally operate a vehicle as part of the Rental Opportunity;
- An applicable auto liability insurance policy must provide liability coverage for motor vehicles rented in the U.S. by person insured under the policy;
- The auto liability insurance policy must be purchased from Allstate Property and Casualty Company and list Upscale Motors, as a Rental Operator with policy number 988580231-01940 also listed;
- If I only will be a passenger, I will not drive the vehicle and I am able to grasp the handholds and firmly plant my feet, with back fully against the seat backrest;
- Driver will wear Safety Gear and seatbelt when operating the vehicle;
- An applicable automobile liability insurance policy must provide liability coverage for motor vehicles rented in the U.S. by a person insured under policy;
- If I am under 18 years of age (“minor passenger”), my parent/guardian is also signing on my behalf and I will be under my parent/guardian supervision at all times during the Rental Opportunity;
- Driver will ONLY carry minor passenger is Driver is at least age 21 and the parent/guardian of the minor passenger, will ONLY carry the number of passengers for which the vehicle was designed, will ONLY carry passenger (s) who have signed this Agreement and the accompanying Waiver, and will require each such passenger to wear proper safety equipment and seat belt;
- I am aware of and voluntary assume the DANGERS AND RISK OF SERIOUS INJURY DAMAGE, OR DEATH that exist in my use of the vehicle and the vehicle’s equipment and my participation in the Rental Opportunity activities which could be or may be caused by loss of vehicle control, collisions, mechanical failure, road conditions, my own negligent acts, the negligent acts of others riders, and the potential negligence of the Operator and Polaris, including the failure to adequately screen, train, warn, or otherwise protect me from all these risks. My participation in such activities and/or use of such vehicle and vehicle equipment may result in injury or illness including, bur not limited to BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, AND/OR DEATH;
- I have received appropriate and thorough safety instructions and vehicle review including its handling, safety features, risks, hazards, instructions and warnings and am comfortable and confident in my ability and knowledge to handle the rented vehicle in accordance with such safety instructions and warnings on the vehicles and accordance with safety training provided. If I have any questions, I will ask before riding;
- Renters only operate the vehicle within 250 miles of the rental operation and only operate the vehicle within the United State and may not drive or otherwise transport the vehicle in any way to other surrounding rental locations. No vehicle may be used in violation of any law or ordinance, or contrary to the provisions of any applicable insurance policy;
- I have reviewed, am familiar with, and will comply at all times with the SAFETY INSTRUCTIONS provided by the Operator, ALL INSTRUCTIONS AND WARNINGS contained inte Owner´s Manual, and the WARNINGS ON THE VEHICLES, including the use or a helmet, goggles, and other personal protective equipment and the wearing of seatbelts;
- I have not and will not consume drugs, alcohol or any other substance that could impair my judgement or driving /riding ability.
3. I AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have relating to the Rental Opportunity, whether directly or by subrogation or otherwise, against the Operator, Polaris, any Polaris dealership(s), industry associations (s), and/or any of their directors, subsidiaries, affiliates, officers, employees, agents, successors or assigns, (collectively, “Rental Opportunity Sponsors”).
4. I AGREE TO RELEASE THE RENTAL OPPORTUNITY SPONSORS FORMA ANY AND ALL LIABILITY for any loss, damage, expense or injury (including death) thet I or my next of kin may incur resulting from my participation in the Rental Opportunity. I understand that this waiver and release does not extend to intentionally wrongful acts on the part of the Rental Opportunity Sponsors.
5. I EXPRESSLY WAIVE ANY BENEFITS I MAY HAVE UNDER FLORIDA CODE, or any other law, the provides that a general release does not extend to claims which I do not know of suspects exist, which if known by me may have materially affected my decision to sign this agreement.
6. I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE RENTAL OPPORTUNITY SPONSORS from and against any and all liability for any claim or loss, including personal injury, death, property loss, attorney fees, and litigation cost resulting from my participation in the Rental Opportunity.
7. I AGREE AND UNDERSTAND that, on behalf of myself, my personal representatives and my heirs, I AM RELINQUISHING ANY AND ALL RIGHTS I NOW HAVE OR MAY HAVE IN THE FUTURE TO SUE the Rental Opportunity Sponsors for any injury, damage, or death I may suffer arising from vehicle riding or its equipment, or participation in the Rental Opportunity, including claims based on the Rental Opportunity Sponsor’s negligence.
8. I HEREBY GRANT to the Rental Opportunity Sponsor’s, and those acting with their authority, the unrestricted, perpetual, worldwide right and LICENSE TO USE MY NAME, PHOTOGRAPH, LIKENESS, and any photograph, video or audio tape that may be taken of me or nay third party.
THIS AGREEMENT SHALL BE GOVERNED BY FLORIDA LAW, without regard to its choice of law rules. Any dispute or claim relating to this Agreement of the Rental Opportunity shall be finally resolved by binding arbitration under the United States Arbitration Act in the state of Florida.