AZ Rentals and More, LLC

Rental Agreement

READ CAREFULLY BEFORE SIGNING

1. I, the undersigned, hereby rent the following property stated below from AZ Rentals and More, LLC, upon the following terms and conditions:Rental Agreement # 5023
2. THE PARTIES TO THIS AGREEMENT ARE:
  a.    COMPANY:
  Name: AZ Rentals and More, LLC
  Phone Number: 480-331-ROAD (7623)
  Physical Address: 3110 N. Pinal Parkway Florence, AZ 85132
 
  b.    THE RENTER:
  Full Name(s): SAMPLE AGREEMENT
  Home Phone: 555-555-5555 Cell Phone: (555) 555-5555
  Physical Address: SAMPLE City:
  State: Zip: SAMPLE
  Driver's License Number: SAMPLE Email: sample@sampleagreement
  The parties choose the above stated addresses as their physical addresses at which legal proceedings may be instituted.
   
3. VEHICLE INFORMATION:
DESCRIPTION ID QTY DISCOUNT TOTAL DISC UNIT PRICE TOTAL EXTENDED

Deposit
 #211 1     2,500.00 2,500.00 2,500.00

Kawasaki Teryx KRX 1000, 2-seat
 #890 1     400.00 400.00 400.00
Subtotal 2,900.00
Tax 9.2% 36.80
Grand Total $2,936.80
Current Balance $2,936.80
4. RENTAL PERIOD AND LOCATION:
  a.     The Owner agrees to rent the above-described vehicle(s) to the Renter for the following period:
          Starting Date: 1/1/2024
          Time: 9:00am
          Ending Date: 1/1/2024
          Time: 4:00pm
          Destination (Place and State): Florence, AZ
5. RENTAL FEES:
  a.     One tank of fuel is provided by AZ Rentals and More, LLC per day at no charge.
  b.     If the rented machine has mechanical issues during your rental notify us immediatly and we will come out to repair or switch the machine, if no substitutions can be made you will be refunded according to how long you were able to use the machine. If tires blow or something breaks that was not from normal wear and tear the renter will be responsible for replacing the part/item with a new part/item and for recovery of the machine if needed.
  c.     If a tire is punctured and the renter has to use more than one plug, the plug does not hold air, or if the tire is puncured on a sidewall, the renter is responsible for replacing the tire with a tire of equal or greater value. Furthermore, if a rim is bent and the tire does not hold air the rim will be replaced along with the tire if run on a flat.
6. DEPOSIT:
  a.     A deposit of $2500.00 is required the day of pickup (fully refundable if returned in the same condition it leaves in).
 
b.     The Renter further agrees to make a deposit of $2500.00 with the Owner, said deposit to be used, in the event of loss of or damage to the vehicle or equipment during the term of this ATV/UTV Rental Agreement, to defray fully or partially the cost of necessary repairs or replacement with an additional 5% convenience fee.
In addition to the customer being responsible for the cost to repair the damage, the customer will be responsible for loss of use for the lesser of 8 days or the actual time that the vehicle is out of service for repairs.
 
In the event AZ Rentals and More, LLC has to engage in any collection activity on a balance due and unpaid, AZ Rentals and More, LLC would be entitled to recoup all collection fees and costs regardless of whether or not legal proceeding is brought.
 
If the renter institutes a chargeback on the deposit after damaging the vehicle, the customer will be responsible for the greater of $500 or actual damages arising from the improper chargeback, regardless of the outcome of the chargeback procedure.
 
AZ Rentals and More, LLC is entitled to interest on any unpaid balance at the rate of 24% per annum.
  c.     In the absence of damage or loss, said deposit shall be credited.
7. RETURN OF VEHICLE:
  a.    The Renter hereby agrees to return the above-described vehicle to the Owner at the physical address listed in 1.a no later than 12pm for morning half day rentals or 4pm for afternoon half day and full day rentals or the renter will be charged $30 per 15 minutes late or charged for another rental day if returned over 1 hour late. No returns will be accepted past 6PM. The renter must call if they are going to be late. If a vehicle is damaged the renter is responsible for any recovery fees and must stay with the vehicle unless told otherwise by the business owner.
8. RENTAL PROPERTY:
  a.     I acknowledge that I have carefully examined the Rental Property and find it suitable for the purpose leased, and that other accessory equipment is in suitable and acceptable condition; that I will maintain the Rental Property in a safe, dependable condition while in my custody. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the Rental Property, I will immediately report the same to AZ Rentals and More, LLC. Continued use of the Rental Property shall be entirely at my own risk.  I agree to return the Rental Property in the condition received from AZ Rentals and More, LLC with the exception of normal wear and tear.  If Rental Property is damaged or lost, AZ Rentals and More, LLC shall have the option of requiring me to restore it to good working order, or replace it with like property to the Rental Property in good repair.
9. MEDICAL AID:
  a.     I agree that should emergency rescue evacuation become necessary during the Rental Period, the associated expenses are my sole responsibility and not that of anyone else, including AZ Rentals and More, LLC.  Accordingly, I release AZ Rentals and More, LLC from any claim whatsoever on account of any first aid treatment rendered to me as a result of my physical presence and/or my participation in any activities or use of the vehicle, including but not limited to negligence in any rescue operation, or in the event that medical care is not provided. I hereby consent to being transported to doctors, clinics or hospitals as necessary in the event of any injury, and I hereby assume responsibility for all costs incurred by such transportation and treatment, including costs of collection, which may include reasonable attorney’s fees. I understand that the Property is in a remote location and that medical care may be inadequate or unavailable.
10. ASSUMPTION OF RISK:
  a.     I voluntarily assume all risk and liability for the loss or damage to any ATV or other equipment obtained from AZ Rentals and More, LLC for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the Rental Property.
11. WAIVER AND RELEASE OF LIABILITY:
  a.     I agree to now and forever waive, release and discharge AZ Rentals and More, LLC from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the Rental Property . This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. I represent and warrant that I have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and I voluntarily assume that risk as part of this agreement.  This release applies even if AZ Rentals and More, LLC was negligent or otherwise at fault. In addition, THE UNDERSIGNED EXPRESSLY WAIVES ALL RIGHTS UNDER ANY LOCAL, STATE or FEDERAL LAW stating that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.  The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.
12. INDEMNIFICATION:
  a.     I agree to indemnify, defend (by counsel reasonably acceptable to indemnitee), protect and hold AZ Rentals and More, LLC free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the Rental Property. These indemnities apply even if AZ Rentals and More, LLC was negligent or otherwise at fault.
13. COVENANT NOT TO SUE:
  a.     I agree and covenant that I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against AZ Rentals and More, LLC or in any manner assert any further claim or demand against AZ Rentals and More, LLC arising from or pertaining to the Rental Property. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.
14. ENTIRE AGREEMENT:
  a.     The terms and conditions of this Rental Agreement contain the entire understanding between myself and AZ Rentals and More, LLC and no other representation or inducement, oral or written, has been made which is not included in this Rental Agreement.
15. CHOICE OF LAW / PARTIAL INVALIDITY:
  a.     Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.  This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Arizona.  In addition, I hereby waive all rights to a trial by jury for any claims arising out of this Rental Agreement.
16. NO WARRANTIES:
  a.    I acknowledge that AZ Rentals and More, LLC has not made any representations or warranties, express or implied, regarding the condition of the Rental Property.

17. INSURANCE:

a.     AZ Rentals does not offer third party insurance. The renter is responsible for all damage or loss you cause to others. If you would like insurance you need to get an insurance binder from your current insurance provider before your rental. Your insurance is primary to any insurance that we may provide. If we are required by the law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Furthermore, the renter is responsible for any loss revenue for repair or loss of vehicle if the insurance does not cover loss of use.
b.     If insurance was not obtained. I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV/UTV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I also agree to pay for the loss of use of any ATV/UTV or other vehicle covered by this agreement damaged by myself or other riders, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 8 days. I hereby authorize AZ Rentals and More, LLC to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges that I may incur under the terms of this agreement. All rentals require a credit card authorization per ATV/UTV on a valid credit card.
18. RENTER AGREES TO THE FOLLOWING CONDITIONS:
a.     I certify that the rented vehicle shall not be used to carry passengers in excess of the capacity
stipulated in 3. above and that the rented vehicle shall not be used to carry passengers other than in the interior of the vehicle.
b.     I certify that the rented vehicle shall not be used to push, propel or tow another vehicle, trailer or any other thing without the written permission of the Owner. And all tools inside of the vehicle are to be used only for that vehicle.
c.     I certify that the rented vehicle shall not be used for any race or in any competition.
d.     I certify that the rented vehicle shall not be used for any illegal purpose.

e.     I certify that the Renter shall not operate the vehicle in a negligent manner and that I am capable of safe operation of the Rental Property.

f.     I certify that I am the responsible party of the vehicle(s) stated in section 3. as such I take full responsibility for any and all accidents, damages, injury's, and tickets during my rental. Futhermore, by allowing others to operate the vehicle during my rental I acknowledge that I am held fully liable to pay for all damages accrued during the rental period.
g.      I certify that I will NOT be under the influence of alcohol or drugs (legal or otherwise) during the Rental Period.
h.      I understand that deep water and mud is harmful to the ATV/UTV and can cause unseen internal damages. We, AZ Rentals and More, LLC, recommend the customer undersigned to avoid these terrain conditions, and REQUIRE rental machines remain on marked, unencumbered, and safe trails only. I also understand that any internal damages due to mud, water or driver abuse will be considered damages pay-able by the customer. Damages also include, but are not limited to: rear rack, front rack, front bumper, handle bars, dented rims, damaged tire, spark plug replacement, air filter replacement, oil filter replacement, full service, belts, motor damage, transmission, drive train, gears, clutches, frame, etc. Furthermore, if the vehicle has excessive mud which could have been avoided a cleaning fee of $120 per hour will be applied.
i.      I undertand that if recovery of the rented vehicle is needed due to damage caused by the renter, the renter will be fully responsible for all fees to recover and fix the vehicle at $120/hour and the renter must stay with the vehicle until it is recovered unless told otherwise.
j.      I understand that I am not allowed to drive on highway 79 or any other highway due to the fact the vehicle is not highway legal and it ruins the tires, clutches, and belt. If I drive on the highway or any paved road with the exception of Price Rd and to cross the highway. I know I will be held responsible to pay for damages to the tires, clutching, and/or belt. The machines are tracked and monitored. I understand that if I violate these terms I will be subject to a minimum of $5 per mile.
k.     I am physically and legally qualified to operate the above described vehicle and am 25 years old or older.
l.      I know that anyone under the age of 18 is required by law to wear a helmet. AZ Rentals provides helmets for all ages. Also any type of eye protection is required by law.
m.    I understand and agree that this document binds me, my heirs, assigns, executors, and administrators, and expressly and specifically protects AZ Rentals and More, LLC including their heirs, employees, officers, directors, and shareholders.
n.     I understand the effect of signing this document, specifically, that I am forfeiting important legal rights and incurring legal responsibilities.
o.     I understand the Coke Ovens are not open to the public and the trail is extremely rough on the machines. The machines are tracked and monitored. I understand that if I violate these terms I will be subject to a $120 wear and tear fee per machine. Citations for criminal trespass will be issued by the Pinal County Sheriff's Office, the Arizona Game and Fish Department or Ranch property patrols.

AZ Rentals and More, LLC

Waiver and Release of Liability

Assumption of Risk, Waiver of Liability and Indemnity Agreement

1.     Assumption of Risk. I voluntarily assume all risk and liability for the loss or damage to the Rental Property obtained from AZ Rentals and More, LLC for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the Rental Property.
2.    Waiver and Release of Liability.  I agree to now and forever waive, release and discharge AZ Rentals and More, LLC from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the Rental Property . This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. I represent and warrant that I have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and I voluntarily assume that risk as part of this agreement.  This release applies even if AZ Rentals and More, LLC was negligent or otherwise at fault. In addition, THE UNDERSIGNED EXPRESSLY WAIVES ALL RIGHTS UNDER ANY LOCAL, STATE or FEDERAL LAW stating that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.  The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.
3.    Indemnification. I agree to indemnify, defend (by counsel reasonably acceptable to AZ Rentals and More, LLC), protect and hold AZ Rentals and More, LLC free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys' fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the Rental Property .  These indemnities apply even if AZ Rentals and More, LLC was negligent or otherwise at fault.
4.     I understand the effect of signing this document, specifically, that I am forfeiting important legal rights and incurring important legal responsibilities.
5.     I am executing this document voluntarily and I fully understand its terms.
6.    I understand and agree that this document binds me, my heirs, assigns, executors, and administrators, and expressly and specifically protects AZ Rentals and More, LLC including their heirs, employees, officers, directors, and shareholders.
7.     I agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Arizona, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
 
Date: 2/28/2024
 
Renter Name: SAMPLE AGREEMENT
 
Signature:
 
Name and Phone Number of Person to Call In Event of Emergency:
 
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