In consideration of the services of Madsen 5M, Inc. DBA Mad Mountain Summer Adventures, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein collectively referred to as "MMSA"):
1. Inherently dangerous sport. Renting an all terrain vehicle is an inherently dangerous activity and could result in serious injury, death, or damage to myself or passenger, property, or to third parties. MMSA employees reasonably endeavor to seek safety and may be unaware of a participant's fitness or abilities, misjudge the weather or other environmental conditions, provide incomplete warnings or instructions, or the equipment being used may malfunction.
2. Assume all risks. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
3. Rental considerations. The rental will begin and end at the specified location of MMSA and the specified times indicated on agreement, unless otherwise noted. There may be a charge of $125.00 for the recovery fee of rental vehicle. Machine will be returned by end of normal operating hours to avoid a late fee of $125.00.
4. Adequate insurance. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage. I agree to provide proof of towing insurance to perform Tow & Go of rental vehicle.
5. Condition of vehicle. Review the condition of the rental vehicle; note any pre-existing conditions. Return rental vehicle in the same condition as was received; less normal wear. A charge of up to $125.00 for can be assessed for excessive mud accumulation. In the event of machine damage, MMSA reserves the right to make decision to repair, at manufacturer’s cost, or elect to collect from myself the retail value of machine on day of damage. I agree to contact the local authorities and MMSA in the event of an accident, theft, or vandalism.
6. Age of operator. Machines are “street legal;” if operated on area roads, operator will be a licensed driver.
7. Re-fueling charge. Each machine will be returned full of fuel; a re-fueling charge of $40.00 can be assessed renter for failure to fuel machine.
8. Machine capacity. Single person machine allows for one individual. A double person machine accommodates up to two individuals - the operator and one rider.
9. Release and hold harmless. I hereby agree to release, indemnify, and forever discharge MMSA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, and hold harmless MMSA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of MMSA's equipment or facilities, including any such claims which allege negligent acts or omissions of MMSA. Should MMSA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
10. Legal issues in SD. In the event that I file a lawsuit against MMSA, I agree to do so solely in the state of South Dakota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.