Waiver of Liability

Terms And Conditions - Read Carefully

All _____ must be initiated by the Renter noted below

1. Rules of operation. I agree to follow and be bound by the General Operation Rules on page 3 and made a part of this agreement.
2. Limitation of use and responsibility for loss or damage. I (We) agree that only the persons signing or otherwise identified in this agreement will operate the rented Slingshots, or other vehicles or equipment and passengers will not be carried on and Vehicle not designated for such use. No drivers under the age of 18 years will be permitted to drive or operate and Slingshot(s) under any circumstances. Should any undersigned person, any minor under my control or any person with permission of any undersigned operate any above referenced vehicle or equipment is such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited the damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I also agree to pay for the loss or use of any 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 14 days. I hereby authorize Electra Motor Rentals, 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. Copy of valid driver’s license for each Operator is required. All rentals require a credit card authorization of $2500.00 per Vehicle on a valid credit card. Full amount will be charged for damage if it is found operator is under the influence of alcohol or drugs.
3. Assumption of risk. I expressly and voluntarily assume all risk and liability for the loss of or damage to any vehicle or other equipment obtained from Electra Motor Rentals, LLC for 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 Vehicle(s) and or equipment received or obtained from Electra Motor Rentals, LLC.
4. Waiver and release of claims. I, the undersigned on behalf of myself, my spouse (if any), my child, any minor for whom I am guardian, my heirs and successors in interest, now and forever waive, release and discharge Electra Motor Rentals, LLC, its members, managers, directors, officers, employees, agents, successors and assigns 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 above referenced Vehicle(s) and any other equipment received and/or obtained from Electra Motor Rentals, LLC. 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.
5. Covenant not to sue. I agree and covenant on behalf of myself, my children and any minor for whom I am guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Electra Motor Rentals, LLC or any member, manager, director, officer, employee, agent, successor, or assign thereof, or in any manner assert any further claim or demand against Electra Motor Rentals, LLC and its members, manager, directors, officers, employees, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use and/ or operation of the above referenced vehicle(s) or any other related equipment received and/or obtained from Electra Motor Rentals, LLC. 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.
6. Indemnification. The undersigned shall indemnify, defend by counsel reasonably acceptable to Electra Motor Rentals, LLC, protect and hold Electra Motor Rentals, its members, managers, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorney’s 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 above referenced vehicle(s) or any related other equipment received or obtained from Electra Motor Rentals. The undersigned likewise shall indemnify Electra Motor Rentals, LLC, its members, managers, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorney’s fees, resulting from a breach of this agreement.
7. 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 of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Arizona and exclusive jurisdiction and venue for any action arising from this agreement shall be the courts of Pima County, Arizona.
8. Expenses of enforcement. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof, whether before and during suit, at trial, or on appeal.
9. Entire agreement, no oral modifications. This instrument with attachments, constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized legal representative of Electra Motor Rentals, LLC. The undersigned, certify that I (we) have read the Rental Agreement and Waiver of Liability and understand the contents of this document. I (we) execute it voluntarily in good faith and with full knowledge of its significance.