Property Name: Whispering Pines Retreat
Vehicle: Polaris Ranger EV
Owner/Operator: David Guy
1. Acknowledgment of Risk
I understand that operating or riding in a Side-by-Side / UTV involves inherent risks, including but not limited to: loss of control, uneven terrain, steep drop-offs, water hazards, collisions, mechanical failure, and serious injury or death.
I acknowledge that these risks exist even when the vehicle is used properly and that no amount of care can eliminate all hazards.
2. Voluntary Participation
I voluntarily choose to operate and/or ride in the Polaris Ranger EV provided at Whispering Pines Retreat. I confirm that I am physically capable of safely operating and riding in the vehicle.
3. Driver & Passenger Requirements
I agree to the following conditions:
- Drivers must be adults (18+) only
- Drivers must hold a valid drivers license
- Children are not permitted to drive
- Passengers must be seated in the front seats only
- Riding in the rear cargo bed is strictly prohibited
- All occupants must remain seated while the vehicle is in motion
4. Rules of Use (Mandatory)
I agree to follow all posted rules and instructions, including but not limited to:
- No drinking or drug use before or during operation
- Daylight use only
- Stay within property boundaries at all times
- Remain at least 20 feet away from the pond
- Stay on marked roads and trails only
- No mud hogging, spinning tires, racing, or reckless behavior
- Maintain safe speeds, especially on corners and uneven terrain
- Engage the parking brake when exiting the vehicle
- Use only permitted drive modes as outlined in the Welcome Guide
I understand that failure to follow these rules may result in immediate termination of vehicle use without refund.
5. Assumption of Responsibility
I accept full responsibility for my actions and the actions of anyone in my group who operates or rides in the vehicle. I understand that I am financially responsible for any damage to the vehicle, property, trails, fencing, or other structures caused by misuse or negligence.
6. Release & Waiver of Liability
In consideration for being allowed to use the vehicle, I hereby release, waive, discharge, and hold harmless the property owner, host, and any associated parties from any and all claims, demands, damages, losses, injuries, or causes of action arising out of or related to the use of the Side-by-Side / UTV, including those caused by negligence, to the fullest extent permitted by law.
7. Indemnification
I agree to indemnify and defend the property owner against any claims, liabilities, damages, or expenses (including attorney fees) arising from my use of the vehicle or the use by anyone in my group.
8. No Guarantees / Mechanical Disclaimer
I understand that the vehicle is provided “as is” and that mechanical issues may occur. I agree to discontinue use immediately if the vehicle does not appear to be operating safely and to notify the host promptly.
9. Binding Agreement
I understand that this waiver is legally binding. I have read it carefully, understand its contents, and sign it freely and voluntarily. This agreement shall be governed by the laws of the State of Texas.