Below is for your careful review. If you do not agree with any text below, or if any text is not clear to you, please write an email to americanutvrentals@gmail.com prior to your ride to cancel your ride for full refund.   

RELEASE OF LIABILITY & WAIVER, RENTAL AGREEMENT

Black Bear UTV Rentals LLC dba American UTV Rentals, 865-321-1099, americanutvrentals@gmail.com 3120 Parkway, Pigeon Forge, TN, 37863

You, (CUSTOMER, AUTHORIZED DRIVER), being the age of 21 or older, knowing that riding all offered rental vehicles (including UTVs, Slingshots, scooters, golf cart, etc.) is an activity carrying risks of serious personal injury, death or property damage. YOU KNOW THAT ALL RENTED VEHICLES ARE FOR ON-ROAD USE ONLY (PAVED ROADS ONLY), AND ANY OFF-ROAD USE IS STRICTLY PROHIBITED AND BREACHES THE AGREEMENT. You also acknowledge that there are natural, mechanical, and environmental conditions and risks which independently or in combination with your activities may cause injury or even death to you or others, as well as property damage. You acknowledge that operating the types of vehicles being offered for rental have been the cause of serious injury and death in the past in general, because of the risks inherent in operation of the vehicle itself as well as where and how they are operated. Authorized Driver(s) are the only persons permitted to operate the Vehicle AND EVERYONE (INCLUDING PASSENGER) IS REQUIRED TO SIGN. ANYONE WHO DOES NOT SIGN FOR ANY REASON IS NOT PERMITTED TO BE IN THE VEHICLE.

1. Definitions. “Agreement” means all terms and conditions found in this rental agreement (front and back), any addenda and any additional materials we provide and that you sign at the time of rental. “You” or “your” means the person identified as the renter of the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means Black Bear UTV Rentals LLC dba American UTV Rentals and all employees, owners, or personnel related to this LLC. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid operator’s license and is at least 21 years of age. Authorized Drivers are the only persons permitted to operate the Vehicle. “Vehicle” means the motorized “power sport” vehicle (e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we substitute for it. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.

2. Rental, Indemnity and Warranties. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty at all related to the rental as you acknowledge that the rented vehicles have inherently higher risks of unexpected and abrupt breakage and failure, AND ROLLOVERS compared to typical cars. You acknowledge that this is a voluntary activity that you are participating in with full awareness of all risks, you will visually inspect the vehicle before riding, and that you will not ride or stop the ride if you suspect any failure or possible risk related to any part or drivability of the vehicle under the given environmental and weather condition on the day of the rental. You also agree to stop riding immediately and call us or local authority if the weather or road conditions pose any risk or change abruptly or if you experience anything abnormal during any point in your ride.

3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and a written amendment by us before the due‐in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business, and Charges will continue to accrue.

4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of God or terrain conditions. Subject to the law in the jurisdiction where the Vehicle was rented, your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (d) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. Any damage or loss that: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non‐ prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) is caused in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) occurs while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) occurs outside the geographic limitations indicated elsewhere in this Agreement; (h) is caused if the odometer has been tampered with or disconnected; (i) is caused when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (j) occurs when committing a willful, wanton or reckless act; (k) occurs when anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) is caused when in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we provide to you at the time of rental; (h) is caused when vehicle is taken for any OFF-ROAD USE (i.e. THE VEHICLE IS ONLY PERMITTED TO BE USED ON ROAD); (i) is caused when vehicle is on any road or interstate with speed limit greater than 40 MPH; (j) is caused at any speed above 40MPH (speed limit per local jurisdiction); (k) is caused when vehicle is driven anywhere outside of Tennessee; (l) is caused under any natural conditions (high wind, high rain, slippery or icy road, inadequate visibility, etc.) or man-caused conditions that are deemed unsafe to drive – authorized driver must not drive if deemed unsafe and we do not charge for any late returns due to such reasons without any questions asked, (m) is caused when vehicle is loaded beyond its capacity; (n) is caused when customer uses unapproved or damaged child safety seats or operating in any way that is deemed not safe by law while transporting children; o) is caused with inadequately secured cargo; (p) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (q) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement

6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to self or others. You agree to provide full liability, collision, and comprehensive insurance (your personal insurance that acts as the primary insurance) covering you, passengers, us, and the Vehicle. Please call your insurance company for any questions or coverage details. Our insurance acts only as secondary and has limited coverage (minimum required by the state, $25k/50k/15k) that contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no‐fault, uninsured and under‐insured motorist coverage where we are responsible for anything, and you are expected to have coverage through your primary insurance. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report. Note that the limited coverage secondary insurance we have has a deductible of $2,500 that you will be responsible to pay the same day of the rental plus the loss of rental fee. Loss of rental is $500 per day for up to 10 days.

7. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative fee of up to $50 for each such Toll or Violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to $50 if you lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.

8. Your Property. You release us, our agents, owners, and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried with the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was our responsibility.

9. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties (e.g. insurance company) in connection with our enforcement of our rights under this Agreement and other legitimate business functions.

10. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

BY SIGNING THIS AGREEMENT, 1) you acknowledge that if anyone is injured, deceased, or property is damaged during your rental, you WAIVE your right to maintain a lawsuit against Black Bear UTV Rentals LLC dba American UTV Rentals or any employees, owners, or personnel related to this LLC on the basis of claims from which you have released us herein; 2) you agree to the terms and conditions of this Agreement as set forth on the two-sided page herein; acknowledge that you had an opportunity to read the entire Agreement before signing; authorize us to process a separate credit/debit card voucher in your name for all Charges, including Tolls and Violations; and authorize us to release your billing/rental information to third parties for billing/processing purposes; 3) you warrant both yourself and your minor children (where applicable) must act responsibly and in a careful manner as mature adults in operating the vehicle and state that you have no medical condition(s) or disabilities incompatible with the safe operation of the vehicle; 4) you acknowledge that you have had the opportunity to ask questions regarding the safe operation of any vehicle, and read all relevant and necessary safety and/or operational information before commencing operation of the vehicle; 5) you acknowledge that this vehicle rental is optional and a voluntary activity undertaken by yourself and you have the right to opt out or cancel your ride at any time (even after you have left the facility) for any safety related reasons that were not present or known at start of rental with full refund without any questions asked; 6) being fully aware of the risks, conditions and hazards of the proposed activity as a participant, and in consideration for the enjoyment and experience of being able to rent and operate the rental vehicles, you hereby agree to waive, release and discharge in advance Black Bear UTV Rentals LLC dba American UTV Rentals and any owners or employees or associated personnel of said company from any and all liability, claims for damages for death, personal injury or property damage which you may have or which may hereafter accrue to you and/or the accompanying riders and/or any external third party/personnel as a result of your participation in the vehicle riding activity arising out of this rental agreement, whether known or unknown at this time, even if that liability may arise out of the negligence or carelessness on the part of persons or entities mentioned above given that rented vehicles have inherently higher risks of unexpected and abrupt breakage, failures, and rollovers than a car, as well as less safety than a car (e.g. no air bags, no full doors, no smart sensors, no automatic-brakes, etc), especially with the local area having long hilly & curvy roads; 7) you agree to accept all responsibility for the risks, conditions and hazards which may occur, whether they be known or unknown, arising from any accident, injury or property damages whatsoever, related to, resulting from, or in any way connection with, customer’s participation or operation of said rented vehicle; 8) you understand tracking and GPS devices are onboard;

YOU AGREE TO NOT CONTINUE TO DRIVE OR RIDE IF YOU DO NOT FEEL COMFORTABLE OR SAFE OR OBSERVE ANY FAULT OR RISK IN ANY WAY RELATED TO ANY PART OF THE VEHICLE OR THE WEATHER OR ROAD BEFORE OR DURING YOUR RIDE. STOP & CALL US OR LOCAL AUTHORITY.

NO SHARP TURNS. NO DRIFTING. NO OVERSPEEDING. VEHICLE ROLLOVER/SEVERE DAMAGE AND INJURY RISK. ON-BOARD GPS DETECTS OVERSPEEDING, HARSH CORNERING/BRAKING. ANY UNSAFE DRIVING PER GPS OR OTHER DATA IS CONSIDERED BREACH OF THE AGREEMENT (SEE SECTION 5)

EVERYONE MUST WEAR SEAT BELT THROUGHOUT, AND APPLY EXTRA CARE AND CAUTION THAN A TYPICAL CAR AS RENTED EXOTIC VEHICLES HAVE INHERENTLY HIGHER RISKS OF UNEXPECTED & ABRUPT BREAKAGE, FAILURES, AND ROLLOVERS, AS WELL AS LESS SAFETY COMPARED TO CARS (E.G. NO AIR BAGS, NO FULL DOORS, NO SMART SENSORS, ETC), ESPECIALLY WITH THE LOCAL AREA HAVING LONG HILLLY & CURVY ROADS. KEEP SAFE DISTANCE, SLOW DOWN ON TURNS, DO NOT RIDE BRAKES UNLESS NEEDED, DRIVE ON ROADS 40MPH & UNDER, ETC.

PARENTS/GUARDIANS: IF RIDING WITH CHILDREN, PLEASE TAKE THE BOOSTER OR CAR SEAT OUT OF YOUR CAR AND TIGHTEN IT SECURELY IN VEHICLE, KEEP DOORS/NETS CLOSED. OUR VEHICLES HAVE THE STANDARD 3-POINT SEAT BELT ONLY (I.E. THEY DO NOT HAVE THOSE ADDITIONAL HOOKS NEAR THE BOTTOM OF THE SEAT OR TOP OF THE SEAT FOR CAR SEATS TO HOOK TO). PLEASE RIDE YOUR CHILD AT YOUR OWN DISCRETION AND RISK.

UNITS DO NOT HAVE WIPERS – PULL OVER IN CASE OF RAIN OR COMPROMISED VISIBILITY.

YOUR INSURANCE ACTS AS THE PRIMARY INSURANCE IN ALL INSTANCES WITH VERY LIMITED COVERAGE FROM OUR SECONDARY INSURANCE. PRIMARY CUSTOMER MUST ALWAYS REMAIN IN UNIT.

YOU, CUSTOMER, CONFIRM THAT YOU AND ANY ADDITIONAL DRIVER ARE OVER 21 YEARS OLD WITH VALID DRIVER LICENSE AND FULL PERSONAL/VEHICLE INSURANCE POLICY (SEE SECTION 6).

EVERYONE (INCLUDING PASSENGERS) IS REQUIRED TO SIGN BELOW. ANYONE WHO HAS NOT SIGNED DUE TO ANY REASON IS NOT PERMITTED TO BE IN THE UNIT. IF YOU DO NOT AGREE TO ANY TERMS, INFORMATION, OR IF ANY TEXT IS UNCLEAR, PLEASE DO NOT SIGN AND WE WILL FULLY REFUND.

ANY MISREPRESENTATION IN ENTRIES BELOW IS CONSIDERED BREACH OF AGREEMENT.

Following will be requested to be filled and signed when you arrive for pickup. Customer FULL Name, Phone #, Customer Signature (parents/guardians sign for kids), Full Address, Email Address, ACTIVE Driver License #, State, Insurance company, ACTIVE Insurance policy #, Check-in Date, Time, Rental duration (hrs.), Unit # rented,  ALL OTHER PASSENGERS NAMES AND SIGNATURE. CIRCLE FIRST NAME OF ANY ADDITIONAL DRIVER (MUST PRESENT LICENSE & INSURANCE POLICY).