NOTE: Steve's ATV Rentals - Pismo Beach does not accept paper waivers, please submit electronically.

Steve's ATV Rentals
California Waiver of Liability

The undersigned hereby rent from Steve’s ATV Service, Inc., a California corporation, (“Steve’s ATV Rentals”) the following described all-terrain vehicle(s) (ATV/UTV) or equipment for a limited period of time, upon the following terms and conditions.

Thu Nov 21, 2024

Please select who will be participating. Each adult rider must sign a wavier.

Participant

Please enter your legal name as it appears on your drivers license or passport.

Each of the undersigned acknowledge and agree as follows:

NO WARRANTY - INHERENTLY DANGEROUS ACTIVITY - NO INSURANCE PROVIDED

Steve’s ATV Rentals makes NO WARRANTY of any kind, nature or description, express
or implied, as to the quality and manufacture, safety, drive-ability, or fitness for any
particular purpose of any vehicle or equipment covered by this agreement. The
undersigned or any additional riders identified below accept any vehicle or other
equipment provided by Steve’s ATV Rentals in AS IS condition with all faults. The
undersigned hereby acknowledge(s) that riding ATV/UTV’s in the sand dunes and
deserts with other like vehicles and riders is a dangerous activity with a high risk of
serious bodily injury or death to drivers, passengers or others. Steve’s ATV Rentals
strongly urges any renter, driver, or passenger to have medical insurance prior to engaging in this activity. Steve’s ATV Rentals does not provide medical insurance. Serious injuries can be financially devastating. All signatories to this agreement personally accept all risks and liabilities of this activity. Each signatory below understands that by executing this agreement they are giving up important legal rights and that they are intentionally doing so in good faith and fully releasing Steve’s ATV Rentals from any liability whatsoever. (081523)

TERMS AND CONDITIONS -READ THIS CAREFULLY

1. RULES OF OPERATION. The undersigned agree to follow and be bound by the General ATV/UTV Operation Rules provided herewith and incorporated herein by reference.

2. NOTIFICATION OF CALIFORNIA VEHICLE CODE (“CVC”) REQUIREMENTS.
CVC §38503( b): All customers under 18 without an All Terrain Vehicle Safety Institute (“ASI”) Certificate Card shall be supervised by an adult with the Certificate/Card. CVC §38603(c): All customers under 18 without adult supervision shall possess an ASI Safety Certificate/Card. CVC §38504: All customers under 14 shall be under the direct supervision of an adult with the ASI Certificate/Card. Failure to possess the Certificate/Card is a citable offense.

3. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE.
Only persons signing or otherwise identified in this agreement will operate the rented ATV/UTV’s, other vehicles, or equipment and passengers will not be carried on any ATV. Riders under 18 must provide Steve’s ATV Rentals with written consent from a parent/guardian. Should any undersigned person, any minor child, or any other person with permission operate any vehicle or equipment in a manner that results in theft, loss of or damage to such vehicle or equipment, the undersigned agree to be jointly and severally liable for all such loss or damage, regardless of the
forfeit of any damage deposit. The undersigned agree to pay for the loss of use of any ATV/UTV or other vehicle covered by this agreement which becomes damaged at the daily rentals rate from the date of damage until repaired and placed back in rental service, not to exceed 30 days. The undersigned authorize Steve’s ATV Rentals to charge the credit card provided as part of this transaction for any additional rental, damage, and loss of use charges that are incurred under the terms of this agreement.

I have read and I agree to terms 1-3:

4. ASSUMPTION OF RISK. The undersigned expressly and voluntarily assume ALL risk and liability for the loss or damage to any ATV/UTV or other equipment obtained from Steve’s ATV Rentals, 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 above identified ATV/UTV, or any
other ATV/UTV, and/or equipment obtained from Steve’s ATV Rentals.

5. WAIVER AND RELEASE OF CLAIMS. The undersigned expressly and voluntarily assume ALL risk and liability for the loss or damage to any ATV/UTV or other equipment obtained from Steve’s ATV Rentals, 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 above identified ATV/UTV, or any other ATV/UTV, and/or equipment obtained from Steve’s ATV Rentals.

6. COVENANT NOT TO SUE. I agree and covenant on behalf of myself, my children, and any minor for whom I am guardian, that I will never directly or indirectly institute and legal, equitable, administrative, or other action, complaint, or proceeding against Steve’s ATV Rentals, and all other Releasees, or in any manner assert any further claim or demand against Steve’s ATV Rentals, and all other Releasees, arising from or pertaining to the condition, possession, use and/ or operation of the above-referenced ATV/UTV or any other ATV/UTV or equipment received and/or obtained from Steve’s ATV Rentals. 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.

I have read and I agree to terms 4-6.

7. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel
reasonably acceptable to the indemnitee(s)), protect and hold Steve’s ATV Rentals, and all other Releasees, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) from 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 above-referenced ATV/UTV, any other ATV/UTV, or
other equipment received or obtained from Steve’s ATV Rentals. The undersigned shall likewise indemnify Steve’s ATV Rentals, and all other Releasees, against any losses, costs, or expenses, including attorneys’ fees, resulting from a breach of this agreement.

8. PARTIAL INVALIDITY / CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the
remaining provisions shall remain in effect. This agreement shall be governed and construed under the laws of the State of California and the parties consent to the exclusive jurisdiction of the Superior Courts of the State of California or the federal courts within the state.

9. EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.

I have read and agree to terms 7-9

10. ENTIRE AGREEMENT. This Agreement and Waiver constitutes the entire agreement between the parties. No provision can be modified or rescinded unless in writing and signed by an authorized corporate representative of Steve’s ATV Rentals.

11. FITNESS. Each of the undersigned warrant for themselves and any minor for whom they are the parent/guardian that they are in the necessary physical and mental condition to be a driver and/or passenger in or on equipment rented from Steve’s ATV Rentals and that they are unaware of any medical or other reason which would prevent their participation in this activity.

12. JOINT AND SEVERAL LIABILITY / USE OF TERMS. In the event the undersigned consist of more than one party, then each of the undersigned shall be jointly, severally, and individually liable for all obligations, agreements, and promises of the undersigned herein. As used in this agreement, the singular shall include the plural and the plural the singular, and the masculine, feminine, and neutral genders shall each include the others as the context require

I have read and I agree to terms 10-12.