NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY
Adventure Excursions LLC 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 ATV or equipment covered by this agreement. The undersigned and any additional occupants identified herein accept any ATV or other equipment provided by Adventure Excursions LLC in its “as is” condition with all faults. The undersigned hereby acknowledges that operating or being an occupant of an ATV at Lake Mead is a dangerous activity with a high risk of serious bodily injury or death.
Rules of Operation. I agree to follow and be bound by the General boating and marine laws in effect at Lake Mead.
Limitation of Use and Responsibility for Loss or Damage. I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV or other equipment and not exceed passengers carrying capacity of any ATV. Passengers under the age of 18 years must provide a written consent from a parent or legal guardian. Should any undersigned person, any minor child under my control or any other person with permission of any undersigned operate any above referenced ATV or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such ATV or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I agree to pay for all such loss or damage. I also agree to pay for the loss of use of any ATV or other vehicle covered by this agreement damaged by myself or other passengers at the rate of $120 per day from the date of damage until repaired and replaced into rental service, not to exceed 14 days. I hereby authorize Adventure Excursions LLC to charge my credit card account provided as part of this transaction for any and all additional rental, damage, and loss of use charges I may incur under the terms of this agreement.
Assumption of Risk. I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV or other equipment obtained from Adventure Excursions LLC for the death or injury to any person or property and for all identified ATV or any other ATV and /or equipment received or obtained from Adventure Excursions LLC.
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 Adventure Excursions LLC, 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 or possession of the above referenced ATV and any other ATV or other equipment received and/or obtained from Adventure Excursions LLC. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
Indemnification. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnitee), protect and hold Adventure Excursions LLC, 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 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 or possession of the above referenced ATV or any other ATV or other equipment received or obtained from Adventure Excursions LLC. The undersigned likewise shall indemnify Adventure Excursions LLC, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorney’s fees resulting from a breach of this agreement.
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, waiver, and release of Liability shall be governed and construed under the laws of the State of Nevada.
Entire Agreement, No Oral Modification. This instrument with attachments if any, constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of Adventure Excursions LLC.
PARENTAL CONSENT. I am the parent or legal guardian of the minor(s) identified below. I hereby consent that the above listed ATV or any other vehicle or equipment I may obtain from Adventure Excursions LLC 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.
I, the undersigned, certify that I/we have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I/we execute it voluntarily in good faith and with full knowledge of its significance.
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Collection of Information, its use and how it is shared
Adventure Excursions is the sole owner of the information collected on this site. This information is limited to voluntarily provided responses by Customer via email or another direct contact with Customer. Adventure Excursions will not sell or rent this information to any third party.
Adventure Excursions will use Customer’s information solely to respond to Customers request regarding products and services provided by Adventure Excursions and will not share this information with a third party except when necessary to fulfill Customer’s request for product or services requested outside of the scope provided by Adventure Excursions, in which instance, Customer will be notified in advance.
Customer’s Access to and Control Over Information
Customer may opt out of any future contacts from Adventure Excursions at any time. The customer can initiate any of the following at any time by contacting Adventure Excursions via an email address or telephone listed on this website:
- See what information Adventure Excursions has on file of Customer if any.
- Change/Update any information on file.
Refund Policy on all Rentals:
Rentals canceled 7-14 days prior pickup date: 100% Refund.
Rentals canceled 7-3 days prior to pickup date: 50% Refund.
Rentals canceled 72 hours or less prior to pick up time: No Refund. The client will be offered another date for re-booking at Adventure Excursion’s sole discretion.