Participant Release, Risk Assumption & Equipment Use Agreement
In consideration of the services Runamuk Rides, LLC (RR) provides and all others acting on RR’s behalf (collectively “RR”), I, the undersigned (“Signer”), on behalf of myself and acting as authorized agent for Participants (see below) associated with any of the Activities (see below) involving the use of Specified Equipment (see below) for Reservation Number listed in the associated Booking Confirmation (which is incorporated into this Agreement), hereby agree as follows:
Key Definitions (Limited Strictly to this Reservation):
- “Participants” means any and all individuals who, in connection with the specific Reservation Number identified above: (i) pay for or contribute to some or all of the rental cost, (ii) post some or all of any security deposit, (iii) assume physical care and custody of any equipment, (iv) operate or ride as a passenger on any equipment, or (v) otherwise participate in the rental. Participants are not considered participants in any other Runamuk Rides reservation or activity.
- “Activities” means the rental (including payment, security deposits, assumption of care and custody), operation, use, enjoyment, and any related presence or participation involving the Specified Equipment during the rental period for this Reservation.
- “Specified Equipment” means the snowmobile(s), boat(s), ATV(s), UTV(s), or other powersports equipment and related accessories that RR assigns and provides for use under this specific Reservation Number for the agreed rental period.
Participant Liability. All Participants, individually and jointly (jointly and severally), assume full responsibility to themselves, other Participants, third parties and RR for any injury (including death), physical or financial damages or losses to any Specified Equipment assigned under this Reservation, regardless of which Participant (if any) was operating, riding, paying for, posting a deposit for, or in physical custody of the equipment at the time of the loss or damage. Participants agree to only accept and use equipment they have personally inspected prior to the start of the rental and represent that they are competent and properly licensed.
1. Acknowledgment of Risks
The Activities involve known and unanticipated risks that could result in physical injury, paralysis, death, emotional distress, or property/financial damage to Participants, RR, or third parties. These risks cannot be eliminated without changing the essential nature of the Activities, particularly in off-road, off-water, or remote environments with limited oversight. Specific risks include, but are not limited to: rough or uneven terrain, changing snow/ice/water conditions, loss of control, collisions, equipment malfunction, jolts/falls, head/neck/back injuries, exposure to extreme weather, wildlife, and the negligence of other participants or third parties. RR personnel strive for safety but are not infallible; they may misjudge conditions, participant abilities, or provide incomplete instructions.
2. Assumption of Risk and Safety Requirements
I and all Participants voluntarily assume all risks and elect to proceed despite them. I agree to wear (and ensure all Participants wear) a properly fitted and secured DOT- or SNELL-certified helmet at all times while participating in powersports activities. RR has offered appropriate helmets to all Participants (including children). For water-based Activities, RR has offered U.S. Coast Guard-approved personal flotation devices.
3. Equipment Return & Damage Responsibility
Participants pledge to return the Specified Equipment in the same condition as received, less ordinary wear and tear. By taking possession or assuming care and custody of the Specified Equipment, Participants acknowledge that they have had a full and adequate opportunity to inspect it and represent that it was received in good working order and free of substantive defects or damage. Assumption of care and custody constitutes prima facie evidence of acceptance of the equipment’s condition.
In the event RR discovers damage upon return or relinquishment of custody, Participants (jointly and severally) agree to pay all reasonable repair or replacement costs as determined by RR. RR will first apply any and all security deposits posted for the Reservation against the resulting invoice as partial or full payment and will issue a balance due invoice to the Participants for any remaining amount. Participants pledge to pay the balance due immediately upon demand. Payments not received within ten (10) calendar days of the invoice date are subject to a late fee of 0.25% per day (1.5% per week) beginning on day eleven. Lost rental income continues to accrue until full payment is received by RR.
Repair and replacement costs include:
- Customary towing, recovery, and transportation charges (labor and mileage) if RR must retrieve the equipment from any location outside its facilities;
- An 8.5% administrative processing fee on all third-party parts, labor, and related costs incurred by RR;
- If repairs take more than three (3) calendar days, lost rental income at RR’s standard daily rental rate (as published on its website at the time of rental) starting on day four and continuing until the equipment is returned to service or replaced, up to a maximum of thirty (30) days.
If a qualified third-party repair vendor determines the Specified Equipment is damaged beyond reasonable repair (totaled), Participants agree to pay RR the Kelly Blue Book average retail value or equivalent fair market value as reasonably determined by RR, plus all towing/recovery charges, plus any other third-party costs, plus lost rental income under the formula above until RR replaces the equipment, plus the 8.5% administrative processing fee on all RR-incurred third-party costs. All amounts are due immediately upon RR’s demand and may be charged to any credit/debit card on file. All amounts are subject to applicable sales tax and credit card/bank processing fees.
4. Release, Discharge, and Indemnification
On behalf of myself and all Participants, and our respective spouses, children, parents, heirs, assigns, personal representatives, and estates, we voluntarily release, forever discharge, and agree to indemnify and hold harmless RR from any and all claims, demands, causes of action, or liabilities (including negligent acts or omissions by RR) arising from the Activities, use of Specified Equipment, or presence on RR property.
5. Attorney Fees and Costs
If RR incurs attorney’s fees or costs to enforce this Agreement, the Participants agree to indemnify and reimburse RR for all such fees and costs.
6. No Insurance; Personal Responsibility
RR provides no insurance coverage or damage protection of any kind. I certify on behalf of all Participants that we have adequate insurance or the financial means to cover any injury, damage, or loss we may cause or suffer. We assume full responsibility for any medical, financial, or physical conditions and agree to bear all related costs, including those from third parties or RR.
7. Governing Law and Severability
Any lawsuit against RR must be filed solely in the State of Wisconsin, applying Wisconsin substantive law (without regard to conflict of laws rules). If any provision of this Agreement is found void or unenforceable, the remaining provisions shall remain in full force and effect.
Acknowledgment and Validity
By signing, I acknowledge that I have had sufficient opportunity to read and understand this entire document on behalf of myself and all Participants. We agree to be bound by its terms. This Agreement is valid for the current Reservation and all subsequent visits or participation with RR. I understand that by signing, the Participants may be waiving important legal rights, including the right to sue RR for negligence or other claims if injury or damage occurs.
MINOR PARTICIPANT ADDENDUM
I, the undersigned, am the parent or legal guardian of the minor child(ren) listed below. I have read and fully understand the entire Participant Release, Risk Assumption & Equipment Use Agreement above (including all definitions, Participant Liability, risk acknowledgments, Equipment Return & Damage Responsibility, release, and governing law provisions).
On behalf of myself and my minor child(ren), I voluntarily agree to all terms and conditions of the Agreement, including the provisions regarding security deposits, balance due invoices, late fees, and lost rental income in the Equipment Return & Damage Responsibility section. I knowingly and freely assume all risks associated with the Activities for my minor child(ren), including risks of injury, paralysis, death, or property damage, even if caused by the negligence of RR or others.
I hereby release, discharge, and agree to indemnify and hold harmless RR from any and all claims, demands, or causes of action that I or my minor child(ren) may have now or in the future arising from participation in the Activities or use of the Specified Equipment.
Minor Child(ren) Name(s): ________________________________________________
Date(s) of Birth: ____________________