RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

Rental Agreement and Risks of Activity

I understand that the purpose of signing this document is to exempt and release ATV RENTAL LLC  its owners, employees, agents, and associated personnel, and their vehicles, including but not limited to all-terrain vehicles (whether owned, operated, leased or chartered), hereinafter referred to as “released parties”, and to hold these entities harmless from any and all liabilities arising as a consequence of the following, or any other acts or omissions on their part, including but not limited to negligence of any type. The undersigned hereby rent from ATV RENTALS LLC  the following described all­ terrain vehicle (ATV)  for a limited period of time, upon the following terms and conditions.

No warranty no insurance provided inherently dangerous activity

ATV RENTALS LLC makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by ATV RENTALS LLC in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV/UTVs with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself.  ATV RENTALS LLC strongly urges any renter and other riders to have medical insurance and liability insurance prior to engaging in this activity. ATV RENTALS LLC  does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release ATV RENTALS LLC of any duty legally owed to me in relation to the conduct of this activity.

MEDICAL INSURANCE: I/WE AGREE THAT: Should medical treatment be required, I and/or my medical insurance shall pay for ALL such incurred expensed. 

The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realizes the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to, equipment malfunctions and defects, failure of child. seats; collisions; speed; terrain; man-made and natural obstacles and obstructions; ejection; rollovers; impacts; flora and fauna; falling objects; encounters with other Side-By-Side ATVs and vehicles; improper use of or lack of equipment; becoming lost or separated; lack of shelter; storms, lightning, hail, snow and other adverse weather; avalanches; lack of training; and negligence of others including employees and agents of the Released Parties and other participants. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as

follows: (a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature, including, but not limited to, the “Risks of Activity” described above, whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, misrepresentation, premises liability, products liability, tort claims, statutory claims/violations, breach of warranty, and breach of contract. (b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever, including, but not limited to, property loss, personal injury, medical bills, pain and suffering, loss of income, impairment and disfigurement, and from any suits, claims or demands, including legal fees, attorneys’ fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive beyond the period of the Participant’s participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand there are dangers and risks associated with the participation in the Activity and that INJURIES OR DEATH may result from participating in

the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury, and death are all possible while participating in the Activity, participation in which is voluntary. Undersigned certifies that he/she and any minor participant is fit to participate in the Activity and is not under the influence of any alcohol or recreational drugs, or under the influence of any medication which would render him/her unable to participate in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT

TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

ATV Use and Damage

The ATV is rented as is and with no warranties, express or implied. The Undersigned accept full responsibility for the care of the rental ATV during the rental period. Undersigned agree to pay for any damage that occurs to the rental ATV regardless of the circumstances under which such damage may occur. Undersigned agrees to pay for any lost rental income for the period when the ATV is out of service due to damage for which Undersigned is responsible. Undersigned agrees to pay for any costs incurred in retrieval of rented ATVs which are left on trail for non-mechanical reasons. Undersigned agree to pay all costs, including reasonable, attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this Agreement. Undersigned agree to pay interest of 18% per annum on all sums owed to Released parties. Undersigned agree that Released Parties are authorized and shall have the right to charge.

Undersigned’s credit card for any sums owed.

Deposit and Accident Liability For Guided Tours

I agree to leave a refundable deposit of $100 at the time of rental. This deposit will be refunded upon return of the ATV/UTV provided that no damage has occurred and no accident has taken place. In the event of any accident, incident, or damage — including but not limited to collisions, scratches, impacts, rollovers, or other damages — ATV RENTALS LLC shall retain the $100 deposit. Additionally, I understand and agree that I am fully responsible for all repair costs associated with such damage, which may amount up to $7,500. I agree to pay the full cost of repairs on the day of the incident.

Deposit and Accident Liability Free-Will Riding

I agree to leave a refundable deposit of $200 at the time of rental. This deposit will be refunded upon return of the ATV/UTV provided that no damage has occurred and no accident has taken place. In the event of any accident, incident, or damage — including but not limited to collisions, scratches, impacts, rollovers, or other damages — ATV RENTALS LLC shall retain the $200 deposit. Additionally, I understand and agree that I am fully responsible for all repair costs associated with such damage, which may amount up to $7,500. I agree to pay the full cost of repairs on the day of the

Minor Acknowledgment

In the case of a minor Participant (under 18 years), the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, the Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent, under penalty of fraud, that they are a legal parent or guardian of the minor Participant.

NO Refund Policy

This No Refund Policy (“Policy”) is a legally binding agreement between you (“Customer”) and ATV RENTALS LLC (“Company”), governing the terms and conditions regarding refunds for tours offered by the Company. By booking a tour with ATV RENTALS LLC , you acknowledge and agree to the terms set forth in this Policy.

No Refunds: ATV RENTALS LLC maintains a strict no refund policy. Once a booking is made and payment is received, all payments are non-refundable under any circumstances. This policy is in accordance with the laws of the United States of America and the state of Texas.

Rescheduling: In the event that a Customer is unable to attend their scheduled tour, ATV RENTALS LLC offers the option to reschedule the appointment subject to availability. To initiate the rescheduling process, Customers must notify the Company via email at Redland.atv.rentals@gmail.com at least 48 hours prior to the scheduled tour date.

Subject to Availability: Rescheduling is subject to the availability of alternative tour dates. ATV RENTALS LLC  will make every reasonable effort to accommodate the Customer’s preferred rescheduled date; however, we cannot guarantee availability, especially during peak periods.

Change Fee: Should the Customer opt to reschedule their tour, a change fee of $10 will be applicable. This fee is intended to cover administrative costs associated with processing the rescheduling request and arranging for alternative tour dates.

No Cash Value or Transferability: In the event of a rescheduled tour, the Customer acknowledges that the original payment made is non-transferable to any other individual, third party, or future tour. Additionally, the value of the payment holds no cash value and cannot be redeemed for any other services or products offered by ATV RENTALS LLC

Compliance with Laws: ATV RENTALS LLC operates in compliance with all applicable federal, state, and local laws and regulations. This No Refund Policy is designed to align with the legal framework of the United States of America and the state of Texas.

Late Fee: If arrive 20 minutes late, a late fee of $50 will be charged.

By booking a tour with ATV RENTALS LLC , you acknowledge that you have read, understood, and agreed to this No Refund Policy. You further understand that all payments made are non-refundable and subject to the terms and conditions outlined herein.

If you have any questions or require further clarification regarding this Policy, please contact us at (936) 445-6747 or via email at info@atvrentalsllc.com.

Please note that by proceeding with the booking, you accept and agree to abide by this No Refund Policy.

Note: This No Refund Policy is subject to change without prior notice. Please refer to the version available on our website at the time of booking for the most up-to-date policy.

Media Release and Authorization

I hereby grant ATV RENTALS LLC and its representatives the irrevocable right and permission to use, publish, distribute, and display photographs, video recordings, and other media captured of me during my participation in the ATV tour. This authorization applies to all forms of media, including but not limited to websites, social media platforms, promotional materials, advertisements, and any other lawful purpose related to the marketing and promotion of ATV RENTALS LLC

I acknowledge that I will not receive any compensation for the use of my image or likeness and waive any right to inspect or approve the final media in which I may appear. I also release Redland ATV Tours, its affiliates, employees, and agents from any claims, demands, or liabilities related to the use of these media materials.

I understand that this authorization is granted voluntarily and that I may opt out of media use by providing written notice prior to the start of the tour.

By signing below, I confirm that I have read and understand this release and consent to the use of my image as described above.

Miscellaneous.

The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Texas, and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in Harris County, Texas and Undersigned expressly agree and consent to jurisdiction in said courts; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR CONTRACTS, ARRANGEMENTS, COMMUNICATIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF INCLUDING BUT NOT LIMITED TO ANY PRIOR OR FUTURE REPRESENTATIONS ABOUT THE ACTIVITY ITSELF OR THE SAFETY THEREOF; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, distributors, heirs, next of kin, executors and personal representatives of the Undersigned. Age Certification. The Undersigned certifies under the penalty of fraud; Participant is the following Age 18 or older and possesses a valid driver’s license. I understand and acknowledge it is my responsibility to read and understand this document. I understand and acknowledge that all-terrain vehicles, trucks, cars, racing machines of any kind, and all other activities of any kind, that I might be engaged in as a participant or spectator bears certain risks and participated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, my property or to spectators or third parties. Being aware of the risks stated above: I expressly agree covenant, and promise to accept and assume all responsibility and risks for injury, death, illness, or damage to myself, to others, or to my personal property, or property I rent, arising from my participation in this activity of racing, riding, swimming, or any other activity on ATV RENTALS LLC. I acknowledge my participation in any activity is purely voluntary, no one is forcing me to participate, and I eject to participate in spite of the risks, I further acknowledge that if I am participating, in understand that ATV RENTALS LLC makes no express or implied representation as to the condition of any roads, racetracks, buildings, gates, recreational devices, swings, diving platforms or other platforms or

other improvements in ATV RENTALS LLC on which the activities will take place. I also understand that I will be exposed to other dangerous conditions, risks, and hazards on ATV RENTALS LLC, including but not limited to poisonous snakes, alligators, insects, spiders, any type of infectious bacteria located in soil or waterways, natural erosion or erosion created by at riding and general conditions of the land both on and off roadways and swimming or camping areas, which may create hazardous walking or driving conditions, animals both wild and domestic (which may be diseased and are potentially dangerous); deep waters, others persons with advs. on or off ATV RENTALS LLC property. I Expressly acknowledge the existence of all such risks, hazards, and dangers which I may be exposed to on ATV RENTALS LLC. I also agree to follow all parking rules as posted on the property. Further in exchange for the right to ATV RENTALS LLC property and engage in the activities described above, I hereby voluntary release, forever discharge, and agree to hold harmless and indemnify ATV RENTALS LLC, its agents or employees, owners, and all of the persons or entities from any and all liability, claims, disputes, demands, actions or rights of all actions; which are related to, arise out of, or in any way connect with my participation in this at activity or any activity, including specifically to but not limited to the negligent acts or omissions of ATV RENTALS LLC, its agents or employees, volunteers, owners, and all other persons or entities for any injury or death, illness or disease, or danger to myself or my property. In signing this document, I expressly acknowledge that I am releasing ATV RENTALS LLC and its officers,

directors, agents, representatives, guests, employees, and volunteers from liability for damages caused by the negligence of the ATV RENTALS LLC and its officers, directors, agents, representatives, guests, employees, and or volunteers. I understand that by indemnifying ATV RENTALS LLC should it become necessary for ATV RENTALS LLC or someone on behalf of ATV RENTALS LLC, to incur attorney fees and cost to enforce this agreement, or any portion thereof, I agree to pay ATV RENTALS LLC reasonable costs and attorney fees arising therefrom.

Release of Liability

The release, discharge, and indemnification voluntarily given by me herein shall extend to, and for the benefit of any corporation, partnership or other entity affiliated with ATV RENTALS LLC, its operations or the property or with which ATV RENTALS LLC may be affiliated in connection with its operations of the property in any capacity, including but not limited to as a partner, land owner, volunteer, limited partner, shareholder, or otherwise. I certify that I have sufficient health, accident, and liability insurance to cover bodily injury or property damage I may incur while participating in this event and to cover bodily injury and property damage caused to a third party as a result of my participation in the activities described above. If I have no insurance, I certify that I am responsible and capable of personally paying for any and all such expenses or liability. If any provision of this participant release and indemnification agreement is or may be held by a court of competent jurisdiction to be invalid, void or forcible, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. parent/guardian is responsible for all minors accompanied by that adult. I have read this document and by signing, I accept and relieve ATV RENTALS LLC of all liabilities.