BEST ATV Tours Las Vegas Terms and Conditions
Renter understands and acknowledges that ATV/UTV operation is an inherently dangerous activity and assumes all liability flowing from such operation. BEST ATV Tours Las Vegas, LLC leases to Renter and Renter leases from BEST ATV Tours Las Vegas, LLC the recreation vehicle identified as ATV/UTVs, of any/all accessories leased, all of which is hereafter referred to as the Vehicle, subject to the following terms and conditions:
1. RENTER ACKNOWLEDGES that, the activity of off-road driving and ATV/UTV riding is an inherently dangerous activity. By execution of this agreement Renter expressly acknowledges the same and agrees to waive all liability, release, and hold harmless BEST ATV Tours Las Vegas, LLC as set forth in Attachment A, Waiver of Liability and Release and Attachment B, Haunted ATV Tour Release of Liability.
2. AUTHORIZED RENTER/DRIVER (Age & License) Renter must be 18 years of age or older with a valid government issued ID. Renter agrees not to allow any persons to operate the Vehicle who are not identified herein as a registered driver and are a signatory to this agreement. Signatory drivers must be a minimum of 18 years of age for ATV/UTVs. Renter is fully liable at all times, regardless of the driver of the vehicle as set forth in Attachment A and Attachment B.
3. USE & OPERATION, GENERAL: Renter agrees to use the Vehicle in accordance with all the rules and regulations set forth within this agreement and to abide by all federal, state, and local laws relating to the use of said Vehicle. Renter agrees not to use, or permit the use of, the Vehicle for any unlawful purpose nor in violation of any law, not to drive in a careless or negligent manner, nor drive the vehicle while under the influence of liquor, narcotics, or illicit substances, and assumes full liability regarding the same for all signatories to this agreement.
4. RENTER’S DRIVING ABILITIY: Renter acknowledges that the BEST ATV Tours Las Vegas, LLC has no knowledge as to the Renter’s experience, skill, or abilities, and that is the express responsibility of the renter/driver/rider to evaluate the terrain and to proceed on the tour only if they feel they possess the prerequisite skills and abilities to do so. Renter acknowledges that they can stop at any time and will stop at any time and wait for the guide to assist them should they doubt that they possess the ability to proceed.
5. RENTAL COST & FEES: Renter agrees to the rental rate and terms as stated within this agreement, inclusive of security deposit requirements and damages if/when applicable.
6. REFUNDS/CREDITS: There are no refunds except as stated within this agreement. There are no credits or refunds for vehicles that are disabled due to the negligence or careless driving of Renter and Renter is liable for repairs as defined within the agreement. There are no credits or refunds issued for inclement weather.
7. INSPECTION/DAMAGE: Renter acknowledges that he/she has, and will continue to, carefully examined the vehicle and finds it suitable for the purpose for which it was rented. Any pre-existing damages must be identified and marked on the attached checklist by renter prior to leaving the rental site and it is further agreed that if the damage is not so identified, then there is no damage at the time of rental inception. Renter is responsible for and agrees to pay BEST ATV Tours Las Vegas, LLC the fair market value (which can be up to and including $8,000.00) for replacing and/or repairing damage to the vehicle at the BEST ATV Tours Las Vegas, LLC’s discretion, including compensation for the loss of use, claim administration fees, diminished value, towing, storage or impound fees, and costs incurred by BEST ATV Tours Las Vegas, LLC to recover the vehicle and to establish damages, regardless of fault or negligence of the Renter or any person, regardless if damages are the result of an act of God. Do not accept the vehicle, or any other equipment, if there is any defect that may result in an expense or hazardous condition.
8. SECURITY DEPOSIT: Renter shall deposit with BEST ATV Tours Las Vegas, LLC a security deposit for the vehicle, over and above the rental payment, in an amount to be set by BEST ATV Tours Las Vegas, LLC. BEST ATV Tours Las Vegas, LLC shall refund said security deposit to Renter upon satisfactory completion of the contract, contingent upon Renter fully complying with all Contract terms and that the Vehicle has not incurred any damages. Should Renter fail to comply with any of the terms, the deposit may be applied by the BEST ATV Tours Las Vegas, LLC to payment of the costs and expenses, including attorney’s fees, incurred by BEST ATV Tours Las Vegas, LLC as a result of the default: should said costs exceed the amount of the deposit, Renter remains liable for and agrees to pay the balance of said costs. The security deposit does not release Renter from the obligation to make rental payments or from any of the obligations assumed by Renter.
IF A BEST ATV TOURS LAS VEGAS, LLC REPRESENTATIVE SUSPECTS THAT DAMAGE TO THE VEHICLE HAS IN FACT OCCURRED, ANY AND ALL DEPOSITS SHALL BE RETAINED BY BEST ATV TOURS LAS VEGAS, LLC UNTIL A DETERMINATION OF SAID DAMAGE CAN BE MADE.
IN THE EVENT OF CATASTROPHIC DAMAGE TO THE ATV/UTV THAT IS ATTRIBUTABLE TO RENTER, BEST ATV TOURS LAS VEGAS, LLC SHALL IMMEDIATELY WITHDRAW AN ADDITIONAL DEPOSIT OF $500, WHICH SHALL BE HELD IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
IF THERE IS DAMAGE ATTRIBUTABLE TO THE RENTER, AND SAID DAMAGE EXCEEDS THE AMOUNT OF THE EXISTING DEPOSIT(S), THEN THE RENTER WILL IMMEDIATELY FORWARD THE BALANCE DUE FOR SAID DAMAGE TO BEST ATV TOURS LAS VEGAS, LLC AND FURTHER THE RENTER HEREBY AUTHORIZES BEST ATV TOURS LAS VEGAS, LLC TO CHARGE SAID ADDITIONAL COSTS IN CASH OR TO THE CREDIT CARD THAT THE RENTER UTILIZED TO SATISFY THE PRIOR OBLIGATIONS OF THIS CONTRACT.
A $150 ROLLOVER FEE WILL BE CHARGED IN ADDITION TO THE COST OF ANY DAMAGES CAUSED TO THE VEHICLE.
9. RESTRICTED AREAS: Renter agrees not to operate the vehicle(s) a) on any vegetation, nor near any wildlife: b) riding is not allowed in any known/and or identified archaeological or paleontological sites, further it is a violation of law to disturb or remove any artifacts/cultural items.
10. SPEED LIMIT: Renter acknowledges that the speed limit is 25 MPH. Speed limit on the trails must be kept reasonable. Renter/driver is responsible to operate the Vehicle within its’ and his/her/their own abilities. RENTER AGREES TO RIDE AT HIS/HER/THEIR OWN SKILL LEVEL AND NOT TO PUSH HIS/HER/THEIR LIMIT. Careless or unlawful riding leads to accidents. Renter agrees to drive only at a speed that is safe for the driving situation/location. Renter acknowledges that, the activity of off-road driving and ATV/UTV riding is an inherently dangerous activity. By execution of this agreement Renter expressly acknowledges the same and agrees to waive all liability, release, and hold harmless BEST ATV Tours Las Vegas, LLC as set forth in Attachment A, Waiver of Liability and Release and Attachment B, Haunted ATV Tour Release of Liability.
11. FORFEITURE: Renter will lose driving privileges and forfeit the remaining or entire driving time, AND FORFEIT THE ENTIRE SECURITY DEPOSIT if any of the following circumstances occur, there will be no exceptions or negotiating regarding these items: a) driving in restricted areas or off trail; b) failing to follow the BEST ATV Tours Las Vegas, LLC guide(s) and their instructions; c) rolling or tipping the Vehicle (It is not easy to roll or tip the Vehicle(s) and such only occurs if you are driving carelessly and not paying attention, which will result in liability as was listed in Paragraph 8 above): d) dangerous riding, speeding, wheelies and/or jumping the Vehicle: e) consuming alcoholic or intoxicating beverages, narcotics, drugs, or other illicit substances prior or during the tour or driving under the influence thereof: f) driving too closely to another vehicle, which results in a “rear end” collision (Renter acknowledges that the space necessary between two vehicles depends entirely on the circumstances present during the tour and agrees to maintain a reasonable distance between the Vehicle they are operating and the vehicle in front of them): g) wearing sandals or open toed shoes.
12. DRIFTS/DROP OFFS: Renter agrees to watch for drifts, sand bowls, boulders, trees, shrubs, other foliage, rocks, and cliffs; drop offs can range from inches up to eighty (80’) feet. When in doubt, play it safe and choose a path you know you can traverse at a speed that is safe for your ability level. Never stray off of the guided route.
13. SUCCESSFUL NAVIGATION: The Vehicle is an automatic. Acceleration will occur and increase in proportion to the amount of force Renter places on the throttle by pressing on the gas lever, to a maximum in excess of 25 MPH.
14. GUIDED EXCURSIONS: Because variations in elevation can be extreme in an off-road environment (see above DRIFTS/DROP OFFS in Paragraph 12) all BEST ATV Tours Las Vegas, LLC tours require that Renter follows a guide. Taking a different path than the guide on these tours is not permitted and greatly increases the likelihood of Vehicle damage and/or personal injury. While properly following the BEST ATV Tours Las Vegas, LLC guide lessens the chance of vehicle damage or injury it in no way absolves the Renter of their responsibility to drive safely or any liabilities as set forth in Attachment A, Waiver of Liability and Release and Attachment B, Haunted ATV Tour Release of Liability. Should you be unsure of which way your guide went STOP, at no time attempt to go look for the guide as this makes it more difficult to locate you. IF YOU ARE LOST – STOP WHERE YOU ARE BEFORE YOU BECOME BOTH LOST AND FAR AWAY and wait for the guide to come back and find you. We can easily retrace a path taken to get back to you in a matter of minutes but can only guess as to which direction you drove off in if you continue to drive after losing contact with your guide.
15. OPERATION: Renter agrees to periodically examine the vehicle, including tires, and maintain safe, dependable condition while the Vehicle is within his/her/their custody, and that if any defect is discovered he/she will immediately obtain instructions from BEST ATV Tours Las Vegas, LLC.
16. VEHICLE FEATURES/RULES: All riders must wear helmets and eye protection at all times. All riders must maintain both hands and feet on the Vehicle at all times. Vehicle is equipped with gas lever, brake pedal, and a hand break on the left handlebar. Vehicle is an automatic with high, low, and reverse gears.
17. COURTESY: Renters/drivers must be constantly alert for and watch out for other drivers and vehicles. Always give right of way to others, do not cut off or in front of other drivers; do not tail-gate other drivers or ride too close to a rider directly in front of you for the circumstances or conditions. Do not pass other vehicles during a tour.
18. AVAILABILITY: BEST ATV Tours Las Vegas, LLC’s ability to provide a vehicle, if reserved, is contingent upon the absence of accidents and other causes beyond the BEST ATV Tours Las Vegas, LLC’s control. BEST ATV Tours Las Vegas, LLC reserves the right to reject any renter without cause.
19.RESERVATIONS/PRE-PAID AGREEMENTS/REFUNDS: Reservations will be guaranteed ONLY by pre-payment in cash or credit card. In order to realize the reserved time, Renter must report to the designated pick-up location or BEST ATV Tours Las Vegas, LLC’s location at the designated time, otherwise BEST ATV Tours Las Vegas, LLC retains the right to rent the vehicle to others for that time slot. If Renter does not appear at the designated pick-up location at their designated time and move their tour to a subsequent time slot, a $50 rescheduling fee will immediately become due, and be debited from Renter’s payment method, or be required before Renter can begin their tour. There are no refunds for Renters who miss their tour. Renter can however request a voucher for the full amount paid which can be used for any future tour of the same price within 1 year of the cancellation date. BEST ATV Tours Las Vegas, LLC reserves the right, in his sole discretion, to make changes or modifications to the time and/or date of tours giving short to no notice to Renters. Should changes to tour time and/or date occur, Renter is not entitled to any refund.
20. LIABILITY/RESPONSIBILITY: RENTER ACKNOWLEDGES that, the activity of off-road driving and ATV/UTV riding is an inherently dangerous activity. By execution of this agreement Renter expressly acknowledges the same and agrees to waive all liability, release, and hold harmless BEST ATV Tours Las Vegas, LLC as set forth in Attachment A, Waiver of Liability and Release and Attachment B, Haunted ATV Tour Release of Liability. Renter’s use of the vehicle will be at his/her/their own risk and thus he/she assumes the liabilities of injury, both to himself/herself and to third persons. The BEST ATV Tours Las Vegas, LLC does not provide bodily injury or property damage liability insurance or coverage to Renter or any other operator or user for bodily damage to Renter, operator, user, passengers, or any third party. Renter agrees to defend and indemnify BEST ATV Tours Las Vegas, LLC from any claims, liabilities, costs, and expenses arising from the Renter or other operator’s use, operation, or possession of the rented vehicle. Renter further acknowledges that he/she remains fully responsible for any and all liability to injured parties and for all property damages of any nature caused to and by the rental vehicle. Renter further agrees to hold the BEST ATV Tours Las Vegas, LLC harmless should damage occur to any of Renter’s personal property while carried in or on the Vehicle, such property including loss or damages caused by fire, water, theft, and physical damage. Renter further agrees to indemnify and hold harmless the BEST ATV Tours Las Vegas, LLC, from and against any and all claims for loss or damage to property or injury to persons (including death and permanent disability) resulting through the use, operation, or possession of the Vehicle.
21. INSURANCE NOT AVAILABLE: Renter acknowledges and understands that neither BEST ATV Tours Las Vegas, LLC and/or the US Bureau of Land Management or any other public or private entity offers or provides any kind of insurance coverage whatsoever for this activity and that his/her/their participation is totally uninsured and at his/her/their own risk.
22. ACCIDENTS: All accidents must be immediately reported to BEST ATV Tours Las Vegas, LLC. All accidents involving injury and/or third parties must be reported in accordance with Nevada Law. Any subsequent process, pleading or paper relating to any claims, suits, and proceedings must be delivered to BEST ATV Tours Las Vegas, LLC’s office. The Renter shall not aid any claimant but shall cooperate fully with the BEST ATV Tours Las Vegas, LLC in all manner connected with any claims or suits.
23. NEVADA LAW: This agreement is to be governed by and construed under the laws of the State of Nevada. Proper venue of any action hereunder shall be in the County of Clark. It is expressly agreed that Renter is not the agent, servant, or employee of the BEST ATV Tours Las Vegas, LLC in any manner whatsoever. It is further agreed that all rights and liabilities arising out of this contract shall be determined by the laws of the State of Nevada.
24. ARBITRATION: Any and all disputes arising out of Renter’s use, operation, or driving of the Vehicle with BEST ATV Tours Las Vegas, LLC shall be addressed with binding arbitration and shall not be permitted in the District Court of the State of Nevada or the Nevada Federal District Court.
25. BINDING TERMS/CONDITIONS: This agreement is binding on and will inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Renter acknowledges that he/she enters into this Contract with full understanding of all terms and conditions and this agreement contains the entire understanding between BEST ATV Tours Las Vegas, LLC and Renter and no other representations and inducements, verbal or written, have been made which are not set forth herein.
26. WAIVERS AND WARRANTIES: Failure of BEST ATV Tours Las Vegas, LLC in any one or more instances to insist on the performance of any of the terms of this agreement, or to exercise any right or privilege conferred in this agreement, or the waiver of any breach of any of the terms of this agreement or lease shall not thereafter be construed as a waiver of any or all of the terms herein, which shall continue in force as if no such waiver had occurred. There are not warranties of any kind whatsoever, express or implied, by BEST ATV Tours Las Vegas, LLC to Renter, unless/except as contained in this agreement.
27. LEGAL ACTION/FEES: Renter expressly agrees to indemnify and hold BEST ATV Tours Las Vegas, LLC harmless of, from, and against any and all loss, costs, damages, attorney’s fees and/or liability in connection with the enforcement of this Agreement, including among other things expenses incurred in collecting or attempting to collect delinquent payments due to BEST ATV Tours Las Vegas, LLC. In the event that legal action is taken by BEST ATV Tours Las Vegas, LLC to recover possession of the Vehicle and/or to enforce any terms, conditions, and/or provisions thereof, Renter agrees to pay all costs and reasonable attorney’s fees of BEST ATV Tours Las Vegas, LLC in connection herewith.
28. THE THREATENED DESERT TORTOISE INFORMATION. It is important to protect the inhabitants we share the desert landscape with, which includes those big and small, fast and slow. This level of care is what enables us to explore and enjoy the desert. The desert tortoise (Gopherus agassizii) in the Mojave Desert was federally listed under the Endangered Species Act of 1973 as a threatened species on April 2, 1990, because of direct losses and threats to their populations and habitat. The desert tortoise is the largest reptile, and the only land tortoise in the Southwest United States. The tortoise occurs in southern Nevada, western Arizona, southeastern California, and northwestern Mexico. Desert Tortoises are typically found in creosote bush, cactus and shad scale scrub, and Joshua Tree woodland habitats below 5000’ elevation. If you see a tortoise do not touch it or go near it. Inform your guide.
29. CHARGEBACKS: Customers who lie in order to receive a chargeback are committing fraud; it is BEST ATV Tours Las Vegas, LLC’s policy to bring customers to court over fraudulent chargebacks.