Waiver

Stable Mountain Rental Agreement

Customer Data

Name, Address, Phone Number, Email, Signature, Date

By filling the information out below you agree to the terms of this agreement and accept this as an electronic signature.

Vehicles Rented

Select one: Dirt Bike, Snowmobile, SXS

Selected Damage Limit

I will provide liability, collision and comprehensive insurance covering Myself, Stable Mountain and the Vehicle

I select additional Stable Mountain vehicle damage limit for the $5,000.00 Responsibility and agree to pay the premium of $25.00 USD per sled, per day.

I select additional Stable Mountain vehicle damage limit for the $3,000.00 Responsibility and agree to pay the premium of $45.00 USD per sled, per day.

Definitions

"Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter on 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 the independent business named on the reverse side of this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid all terrain vehicle driver's license and, is at least 18 years of age unless the age restriction is changed by us elsewhere in this Agreement. "Vehicle" means the all terrain vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, or flood. "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, times the daily rental rate.

Rental, Indemnity and Warranties

This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. 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 that the Vehicle is fit for a particular purpose.

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, except for ordinary wear. 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. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.

Responsibility for Vehicle Damage or Loss; Reporting to Police

You are responsible for all damage to the Vehicle, including damage caused by weather, acts of god or terrain conditions. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

Damage Responsibility

Your insurance is primary to any insurance that we may provide. We will provide a Damage Responsibility Limit (the “DR Agreement”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The DR Agreement mwill provide a max limit of responsibility to Damages cause during the rental of the vehicle. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.

Specific to damage(s) to rental vehicles, choose from three coverage options:

1) No Stable Mountain LLC Damage Limit, you are responsible for all damage or loss you cause to Stable Mountain property or others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle.

2) $5,000 Damage Responsibility  (provided by Stable Mountain LLC), you are responsible for damages up to $5,000.00 USD, any damages exceeding $5,000 will be covered by Stable Mountain LLC. The premium charge for this coverage is $25.00 USD per vehicle, per day. This coverage is strictly limited to Stable Mountain LLC rental property, you remain responsible for damages to any other persons or property.

3) $3,000 Damage Responsibility  (provided by Stable Mountain LLC), you are responsible for damages up to $3,000.00 USD, any damages exceeding $3,000 will be covered by Stable Mountain LLC. The premium charge for this coverage is $45.00 USD per vehicle, per day. This coverage is strictly limited to Stable Mountain LLC rental property, you remain responsible for damages to any other persons or property.

Charges

You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, 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) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay the charging authority for parking or toll violations, you agree to pay us for those charges, plus our administrative fee of $50 for each such 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 3% per month late payment fee, or the maximum amount allowed by law (if less than 3%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, (k) $25 fee if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.

Deposit

We recommend paying for your rental(s) in full, full payment is the best way to solidify your reservation. In situations where full payment can't be made, at Stable Mountain LLC's discretion, a $50 per day, per sled, minimum charge will be due to solidify your reservation.

In addition to related rental charges a credit card will be charged a hold in the amount of $2,000.00 (Two Thousand Dollars) prior to leaving Stable Mountain LLC. We will hold this amount until our machine has been returned and inspected. This amount will be credited back to the provided credit card upon return of our undamaged machine. The undersigned agrees to authorize Stable Mountain LLC to charge the credit card listed on the reverse for any and all damage for which he/she is responsible for. In addition we may use your deposit to pay any amounts owed to us under this Agreement.

Your Property

You release us, our agents 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 in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

Breach of Agreement

The acts listed below are prohibited uses of the Vehicle and breaches 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.  Prohibited Uses- Racing, involved in an Avalanche, Water Crossing, Operating while under the influence of any substance, any illegal activity. 

Modificiations

No term of this Agreement can be waived or modified except by a writing that we have signed. 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 of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

Miscellaneous

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. 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.

Participant Agreement, Release and Assumption of Risk

In consideration of the services of Stable Mountain LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on behalf (hereinafter collectively referred to as “SM”), I hereby agree to release, indemnify, and discharge SM, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I acknowledge that my participation in snowmobiling activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: riding on uneven snow covered terrain, changing snow conditions and variations in elevations; loss of control of the snowmobile, falls from the snowmobile, collision with other snowmobiles, participants, trees, rocks, and other manmade or natural obstacles; pinches, bruises, abrasions, strains, cuts and lacerations; exhaustion; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; exposure to temperature and weather extremes which could cause hypothermia, sunburn, or dehydration; encounters with animals and wildlife; burns; equipment failure and mechanical and/or equipment problems; accidents or illness can occur in remote places without medical facilities; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.

Furthermore, Stable Mountain employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

  1. 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.
  1. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SM from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity of my use of SM’s equipment or facilities, including any such claims which allege negligent acts or omissions of SM.
  1. Should SM 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.
  1. 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 myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 
  1. In the event that I file a lawsuit against SM, I agree to do so solely in the state of Idaho, 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 document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SM on the basis of any claim from which I have released them herein.

Stable Mountain