Terms & Conditions
Virgin River Adventure Rentals LLC, Terms & Conditions
1. Rental Payments
Lessee, Renter agrees to pay Lessor the rental charge due on the terms set forth in this Agreement, including additional charges indicated below. Credit Card Deposit of not less than $2500.00 for any damages, is required and is refunded immediately upon return of equipment and after Lessor’s completed inspection. A monthly finance charge of 1.5 % will accrue on all amounts unpaid after 30 days, resulting in an annual finance charge of 18%. Monthly finance charges are cumulative, and all payments by Lessee shall be applied first toward accrued finance charges before being applied toward rent and other charges. Lessee waives existing and future claims and offsets against rent and other payments due and agrees to pay all rent and to perform all obligations hereunder when due regardless of any claim or offset asserted by Lessee. Lessee’s obligations hereunder shall not be suspended or affected by reason of Lessee’s inability to use the Equipment due to any cause.
2. Inspections, Maintenance, and Security.
Lessee, Renter acknowledges that he has had an opportunity to personally inspect all rental equipment and finds it suitable for his needs and is in good condition, and that he understands its proper use. Renter further acknowledges his duty to notify Lessor of any defects. Renter agrees to return the Equipment to Lessor upon the expiration or termination of the rental term in the same condition as received, except for ordinary wear and tear. Lessee, Renter shall pay for all labor, material and parts required for the repair of the Equipment, excluding expendable items such as lubrication, belts or filters. All replacement parts shall be original manufacturers' parts. Lessee, Renter shall be responsible for tire damage and shall pay to repair or replace the same with comparable tires. If the Equipment is returned in an unacceptable condition, Renter shall pay Lessor, upon receipt of an invoice, as additional charges for cleaning, servicing, repairs, and replacements necessary to restore Equipment to acceptable operable condition and appearance, including transportation and towing charges. Equipment shall stay on daily rent until returned to service. Lessee shall not make any additions or alterations to the Equipment. Lessee agrees to keep the Equipment locked or guarded when not in use. Lessee agrees that Lessor shall have the right to enter any premises where the Equipment may be located to inspect the same and, without notice or liability to Lessee, to remove or disable the Equipment if, in the sole opinion of Lessor, it is being used or cared for improperly.
3. Malfunctioning/Unsafe Equipment.
If Equipment becomes unsafe or in disrepair for any reason, Lessee, Renter agrees to discontinue use and notify Lessor immediately. 928-293-0286. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise from Equipment that becomes unsafe or in disrepair.
4. Warranties.
There are no expressed warranties by Lessor of any kind with respect to the Equipment. Lessor disclaims the implied warranties of merchantability and fitness for particular purposes. Lessor shall never be liable for consequential or incidental damages related to this Agreement.
5. Hold Harmless Agreement.
Lessee agrees to assume the risks of and hold Lessor harmless for, property damage and personal injuries caused by the Equipment and/or arising out of negligence by any person operating or riding as a passenger.
6. Indemnity.
The entire risk of loss or damage to the Equipment during the rental term shall be upon Lessee, Renter, and Lessee. Renter agrees to indemnity and hold Lessor harmless from and against any and all such loss or damage, and further agrees to indemnify and hold Lessor harmless from and against any and all claims arising out of Lessee’s possession or usage of the Equipment or violation of federal, state or local law. Lessee further agrees to indemnify and hold Lessor harmless from and against any and all claims, liabilities, caused of action, or other legal proceedings, including without limitation, claims based on strict liability, brought by third party for damage to property, or for injury or death of any person, in anyway arising out of or resulting from Lessor’s exercise of any right under this Agreement, including but not limited to selection, delivery, condition, use, operation, malfunction, storage, ownership, maintenance, repair or transportation of the Equipment during the rental term. Lessee’s duty to indemnify Lessor shall include an obligation to reimburse Lessor for the costs of defending all such actions, claims, or other legal proceedings, including attorneys’ fees.
7. Prohibited Uses.
It shall be conclusively presumed that the Equipment was in good operating condition when received. To reduce the risk of personal injury or property damage, Lessee agrees that the Equipment will be operated only by properly trained and qualified operators and agrees to take all reasonable precautions to ensure that the Equipment is operated only in a safe and lawful manner. Lessee shall pay all expenses of operating or transporting the Equipment, including expenses related to delivery or return of the Equipment. Use of the Equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:
(a) Use for illegal purposes or in an illegal manner.
(b) Use when the Equipment is in disrepair.
(c) Improper, unintended use or misuse.
(d) Use by anyone other than Lessee, Renter, Lessee, Renter may not sublease or loan the Equipment.
(e) Use at any location other than the local Scenic and Mesquite Trail area.
(f) Take off road or off trails, across the desert or across any natural habitat.
8. Term.
Lessee’s right to possession terminates on the expiration of the Equipment period, and retention or possession after this time constitutes a material breach of the Agreement. Time is of the essence. Any extension must be mutually agreed upon in writing. Lessee is liable for daily rental for all periods beyond the expiration of the rental period.
9. Dirty, Damaged or lost Equipment.
Lessee agrees to pay for any damage to or loss of the Equipment, as its insurer, regardless of cause for all periods the Equipment is out of the possession of the Lessor. Lessee also agrees to pay a cleaning charge for Equipment returned excessively dirty of no less than $20.00 If Equipment is lost, stolen or damaged beyond repair, then Lessee will pay Lessor the greater of the replacement cost of the Equipment, or the price that the Lessor paid for the Equipment, to be determined by Lessor the within Lessor’s sole discretion. If Equipment is damaged and subject to being repaired, then the Lessee, will pay to Lessor the cost of repair, whether performed by Lessor, or by others within Lessor’s sole discretion. Daily rental shall accrue until the Equipment is either replaced or repaired delivery thereof is made to Lessor. In case of damage or loss, Lessee shall pay to Lessor the cost of transportation of the Equipment to mechanics of Lessor’s choice for inspection or and repair, and in case of theft or loss, Lessee, Renter shall pay Lessor the cost of transporting replacement Equipment to Lessor’s place of business. In the case of loss by theft or other means, Lessee, Renter agrees to furnish a police report to Lessor within 48 hours. Lessee, Renter agrees to pay all collection fees, attorney fees, court cost, or any expense involved in the collection of these charges from Lessee whether incurred by Lessor prior to or during litigation..
10. Repossession.
Upon failure to pay rent or other breach of this Agreement, Lessor may terminate this Agreement, without legal process, retake possession of and remove Equipment from wherever it is, and Lessee, Renter shall indemnify Lessor and his agents for any claims for damage or trespass arising out of the removal of the Equipment.
11. Severability.
The provisions of this Agreement shall be severable so that the invalidity, unenforceability, or waiver of any of its provisions shall not affect the remaining provisions.
12. Waiver of claims.
Lessee, Renter waives all claims for personal injury or property damage to the Equipment, and loss of time or inconvenience arising out of the use or inability to use the rental Equipment.
13. Loading and unloading Equipment.
Lessee is responsible for loading and unloading the Equipment. If Lessor or employees assist in loading or unloading the Equipment, Lessee agrees to assume the risk of, and hold Lessor harmless for any property damage or personal injuries resulting therefrom, including damages or injuries attributable to the negligence of the Lessor or his employees.
14. Charges for Unacceptable Returns.
If the Equipment is returned to Lessor in an unacceptable condition, Lessee, Renter shall pay Lessor upon receipt of an invoice, as additional charges, for cleaning, servicing, repairs, and replacements necessary to restore the Equipment to acceptable, operable condition. The Equipment shall stay on daily rental until repairs are completed and the Equipment is returned or until the Lessor has received at Lessor’s business location replacement Equipment.
15. Governing Law and venue.
This Agreement shall be governed by and construed under the laws of the state of Arizona. Lessee, Renter agrees that all suits arising from the performance or breach of this Agreement shall be commenced and maintained only in the courts of Mohave County, Arizona, and Lessee, Renter irrevocably consents to such venue.
16. Age and Driving requirements.
The driver must be at least 18 years old with a valid driver’s license. Any Minor Passengers the Driver must be over 25 years of age or with parent. All minor passengers must adhere to Current State Child Seat Laws.