“We”, “our” or “us” means Apache Canyon Rentals LLC, its managers, employees, and contractors. 

“Authorized Driver” means the Renter listed on the Agreement Form who is permitted to drive/tow the UTV. Each Authorized Driver must have a valid driver’s license and be at least twenty-five (25) years of age. 

“Charges” means the fees and charges that are incurred under these Terms. 

“Rental Period” means the period between the time you take possession of the UTV until the UTV is either returned to or recovered by us and checked in by us.

1. a. If you are towing a UTV, you represent and warrant that (i) the towing vehicle/trailer that you use during the Rental Period has the capacity to tow the UTV; (ii) and you will ensure that when towing the UTV, it is properly secured on the trailer and connected to the towing vehicle and you will use safety chains, cables, locking devices and other similar devices meeting the requirements of applicable law.

2. b. We may repossess the UTV at your expense without notice to you if the UTV is abandoned or used in violation of law or these Terms. You agree to indemnify us, defend us, and hold us harmless from all claims, liability, costs and attorneys’ fees we incur resulting from, or arising out of this rental, your use of the UTV, our repossession of it, or any unsafe practices performed by you. We make no warranties, express, implied or apparent, regarding the UTV or Optional Equipment, no warranty of merchantability and no warranty that the UTV or Optional Equipment is fit for a particular purpose.

1. a. I represent that the UTV and any other equipment received and/or obtained from Apache Canyon Rentals LLC is in good condition and further represent and warrant that it will be returned in the same condition, notwithstanding ordinary wear and tear.
2. b. You must return the UTV and any other equipment received to the place of pick up or other location that we specify, on the date and time due and in the same condition that you received it except for ordinary wear. 
3. c. If the UTV is returned after the date and time due, you remain responsible for the loss of and any damage to the UTV until we inspect it, and charges may continue to accrue. 
4. d. If you wish to extend the Rental Period, you must do so by booking a rental extension by speaking with our staff.

1. a.  You are responsible for all damage to, loss or theft of the UTV, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the UTV measured as follows: (i) if we determine that the UTV is a total loss, the actual cash value of the UTV, less salvage; (ii) if we determine that the UTV is repairable, the reasonable estimated retail value or actual cost of repair; (b) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (c) all costs associated with our enforcement of these Terms or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced.
2. b. I agree to be personally liable and financially responsible for all loss of and damage caused to any 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 or use of any 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 14 days. I hereby authorize Apache Canyon 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. All rentals require a credit card authorization of a minimum $1,500 per UTV on a valid credit card.
3. c. If the vehicle is returned with any damage such as, but not limited to, bent suspension, broken shock absorber, missing skid plate etc., you will be assessed a $1,500 Damage and Loss of Use Fee. Any crash or roll over will also be assessed a $1,500 Damage and Loss of Use Fee. This fee is a separate fee and is in addition to any other charges required in order to pay for damages that occurred while the UTV was in your possession.
4. d. Should the UTV require rescuing due to operator error/negligence, you agree to pay a minimum $500 rescue fee. If the UTV is outside of 50 miles from the original rental location, the operator is also responsible for any further costs associated with retrieving and returning the vehicle to us. This fee is in addition to any damage deductible.
   
5. e. I agree that only the persons signing or otherwise identified in this agreement will operate the rented UTV, or other vehicles or equipment and that passengers will not be carried on any UTV not designated for such use. I further agree to supervise the use of the rented UTV at all times and follow all safety rules related thereto. No drivers under the age of 25 years will be permitted to drive or operate any UTV(s) under any circumstances. A valid driver’s license for each Operator is required.
   
6. f. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. We agree to properly maintain the UTV; damage as a result of our lack of proper maintenance, or from mechanical or electrical failure which is not a result of your negligence or improper use, is our responsibility. Apache Canyon Rentals LLC will include an administrative fee on Charges for which you will be responsible.
   

The following acts or uses of the UTV are prohibited and constitute material breaches of these Terms and will result in rental cancellation and loss of the rental deposit:

1. a. Use of the UTV: (i) by anyone who is not an Authorized Driver, or by anyone whose driver’s license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the UTV or extended the Rental Period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for business use purposes; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) outside the United States or Canada; (viii) when loaded beyond the manufacturer’s suggested weight limit; (ix) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (x) when it is reasonable to expect you to know that further operation would damage the UTV; (xi) in a manner that causes damage to the UTV due to inadequately secured passengers/cargo; (xii) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating the UTV; 
2. b. Failing to properly secure the UTV to the towing RV/vehicle if applicable; 
3. c. Failing to summon the police to an accident involving the UTV; 
4. d. Damaging the UTV by your intentional, wanton, willful or reckless conduct; 
5. e. Transporting an animal (other than a service animal) in the UTV without our written consent; 
6. f. Sitting, standing or lying on the roof or exterior of the UTV; 
7. g. Transporting passengers in or on the UTV while the RV is being towed; 
8. h. Placing signs or lettering on the outside of the UTV; 
9. i. Failing to use the UTV in compliance with all instructions and warnings provided by us; 
10. j. Smoking in the UTV without our written consent.

1. a. We prefer No Pets in the RV. If we do approve your pet, this must be agreed upon prior to departure and there is a $150.00 pet fee.
2. b. In addition, any damage caused from the pet will be deducted from the security deposit.

1. a. We may offer certain “Optional Equipment”. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a Navigational or GPS device, you should review the operational instructions before leaving the rental location.

1. a. You permit us to use our payment processor and/or website as a payment agent to reserve against your credit/debit card (the “Payment Reserve/Deposit”). We may use the Payment Reserve/Deposit to pay any & all additional charges or fees that are incurred during the rental period. We will authorize the release of any excess Payment Reserve/Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer. 
2. b. You agree to pay us, at or before conclusion of this rental or on demand, all Charges, including: (a) base rental rate for the Rental Period, which includes a security deposit; (b) optional products and services you purchased; (c) taxes and surcharges; (d) all expenses we incur in locating and recovering the UTV if you fail to return it or if we elect to repossess the UTV under these Terms; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under these Terms; (f) a cleaning fee of $150 if the UTV is returned substantially less clean than when rented; (g) a reasonable late fee if you do not return the RV on the date and time due, and you may be charged the standard rates for each day (or partial day) after the date due, which may be substantially higher than the rates for the initially-agreed-upon Rental Period if a special or promotional rate applied to the initially-agreed-upon Rental Period; (h) if you do not return the UTV to the place of pick up or other location that we specify, a reasonable abandonment fee, plus no more than $1/mile for every mile between the place of pick up and the place where the RV is returned, repossessed, or abandoned; (i) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (j) a reasonable refueling fee plus the cost of fuel if you fail to refill the fuel tank; and (k) replacement cost, or the cost of repairs, for any damage sustained to the UTV as previously specified in these Terms. Time, mileage and other Charges are nonrefundable if the UTV is returned earlier than the date due. Any Payment Reserve/Deposit paid by you may be used to pay for any Charges incurred under these Terms.

1. a. You release us, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the UTV or at the place of pick up, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

1. a. You are responsible for paying the applicable authorities directly for all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the UTV during the Rental Period. If we are notified by the authorities that we may be responsible for payment of a Violation, you authorize us to release your rental and payment card information to a processing firm (a “Processor’’) for processing and billing purposes. If we or the Processor pay a toll or Violation on your behalf, you authorize us, Apache Canyon Rentals LLC, or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.

1. a. If the UTV becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the UTV is inoperable. We are not responsible for the loss of vacation, personal or business time, or any incidental expenses incurred by you as a result of breakdown or any problem(s) with the UTV. 

1. a. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under these Terms and other legitimate business functions.
2. b. The UTV may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. You agree to inform all drivers and passengers of the UTV of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system. 
3. c. You agree that to service or otherwise administer your account or to recover amounts you may owe, that we, the Company, or an assignee or collection agency of our choosing (“Collector”), may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. 
4. d. You represent that you are either the owner or the primary user of the number(s) or email address that you have provided and that the contact information provided is accurate and easily accessible to you. You also agree to update us promptly if the number(s) or email address changes so that we do not try to contact a number or email address that is no longer owned or used by you. We, the Company, our assignee, or a Collector may also contact you by sending text messages or emails, using any number or e-mail address you provide to us. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. You may revoke your consent at any time by contacting us. 

1. a. These Terms constitute the entire Terms between you and us. All prior representations and Terms between you and us regarding this rental are void. A waiver by us of any breach of these Terms is not a waiver of any additional breach or waiver of the performance of your obligations under these Terms. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under these Terms does not constitute a waiver of any other provision of these Terms.
2. b. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a RV. If any provision of these Terms is deemed void or unenforceable, the remaining provisions are valid and enforceable. These Terms will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.

1. 1. Only adult riders who have signed the Rental Agreement and Waiver of Liability (“Agreement”) shall operate any UTV, or other rental vehicles or equipment. 
2. 2. We recommend wearing a helmet and eye protection at all times while operating a UTV. Wearing a helmet is required by law in Arizona and California. Wearing additional gear such as long pants, long sleeve shirt or jacket, over the ankle boots, chest protectors, gloves, knee and elbow pads can reduce risk of injury. 
3. 3. Do not operate any UTV, or other vehicle or equipment, in any manner other than with both hands on the steering apparatus and sitting in the seat with arms and legs within the confines of the vehicle. 
4. 4. Obey all posted signs. Do not ride faster than posted speed limits. 
5. 5. Know and abide by all local rules and state and local laws. 
6. 6. Do not ride out of designated areas; respect our wilderness. 
7. 7. Do not carry persons other than as originally mounted on or assigned to ride in the vehicle. 
8. 8. Ride at your current skill level. Do not push your limit. Be careful. 
9. 9. Do not ride in water or wet sand. It corrodes the undercarriage. 
10. 10. Do not participate in any race or contest involving other UTV(s) or any other vehicle. 
11. 11. Do not tow other UTV(s) or any other vehicle nor allow them to tow you and your rental UTV(s). 
12. 12. No alcohol or drug possession or consumption before or during use while in possession of rented UTV(s) or other vehicle/equipment.
13. 13. Be aware of other riders and vehicles. 
14. 14. Be aware of your terrain. Do not go up, down or sideways on steep inclines. 
15. 15. Do not park and leave vehicles or equipment unattended. 
16. 16. In case of breakdown, call our office. Additional rental time will be allocated for time lost due to breakdown.
17. 17. Anyone not following these rules or the laws of the applicable jurisdiction, or those who are caught speeding or riding without a helmet, will be asked to return the UTV(s) and the remainder of their rental will be forfeited. 
18. 18. Watch out for rocks and ruts while riding in the desert. Hitting rocks/sharp objects can ruin tires and damage the suspension of your rental. You are responsible for all tire damage that occurs during your rental. 
19. 19. Ride prepared. Bring a charged cell phone, suitable clothing, maps and bottled water. 
20. 20. Do not attempt steep trails when you do not know where they end up. Being trapped at the bottom of a canyon can lead to an expensive recovery bill for both you and the UTV. 
21. 21. Never ever jump this vehicle. It will land on its nose. Damaging the suspension and frame is expensive.You will be responsible for parts, labor and down time of the UTV plus a $1,500 Damage and Loss of Use Fee. 
22. 22. The tire fee is $100 per tire to clean out and re-mount a damaged or debeaded tire. 
23. 23. If you do roll the vehicle and the vehicle ends up on its side or upside down, safely upright the car if possible and call our office. Do not attempt to start or drive the vehicle as more damage may occur. 
24. 24. Passengers should be able to sit in the seat with their back against the seat, reach hand holds, and place feet flat on the floor with the seat belts fastened. We do not recommend or allow small children to ride in car seats. 
25. 25. Never put a child in your lap to help drive. 
26. 26. If you hear or feel anything that seems like you have mechanical problems developing please stop and call us to prevent further damage.
27. 27. We reserve the right to further inspect and revise our estimate of damages from your ride. You are responsible for everything that breaks during your rental. 
28. 28. Be very careful if you are riding in a wash. Washes fill up quickly in the event of rain and can be much deeper than they appear. Use extreme caution in and around all water, particularly fast-moving water.

1. APACHE CANYON 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 APACHE CANYON RENTALS LLC IN ITS “AS IS” CONDITION WITH ALL FAULTS. I (WE) THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT DRIVING UTV(S) WITH OTHER LIKE VEHICLES AND RIDERS, IS AN ACTIVITY CARRYING RISKS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, PARALYSIS OR DEATH. I (WE) KNOW THAT OPERATING UTV(S) HAS BEEN THE CAUSE OF SERIOUS INJURY AND DEATH IN THE PAST, BECAUSE OF THE RISKS INHERENT IN OPERATION OF THE VEHICLE/S ITSELF AS WELL AS WHERE AND HOW THEY ARE OPERATED. APACHE CANYON RENTALS LLC STRONGLY URGES THE RENTER AND OTHER RIDERS TO HAVE MEDICAL INSURANCE PRIOR TO ENGAGING IN THIS ACTIVITY. APACHE CANYON RENTALS LLC DOES NOT PROVIDE MEDICAL INSURANCE AND ADVISES THAT SERIOUS INJURIES CAN BE FINANCIALLY DEVASTATING. I (WE) THE UNDERSIGNED AND ANY ADDITIONAL RIDERS REPRESENTED ABOVE HEREBY PERSONALLY ACCEPT ALL RISKS AND LIABILITIES OF THIS ACTIVITY. I (WE) CERTIFY THAT I HAVE ADEQUATE INSURANCE TO COVER ANY INJURY OR DAMAGE I MAY CAUSE OR SUFFER WHILE PARTICIPATING, OR ELSE I AGREE TO BEAR THE COSTS OF SUCH INJURY OR DAMAGE MYSELF. I AM WILLING TO ASSUME THE RISK OF ANY MEDICAL OR PHYSICAL CONDITION I MAY HAVE. IT HAS BEEN EXPLAINED TO ME (US) THAT I (WE) THE UNDERSIGNED THAT BY EXECUTING THIS DOCUMENT I (WE) AM GIVING UP IMPORTANT LEGAL RIGHTS. IT IS MY (OUR) FURTHER INTENTION TO GIVE UP THOSE RIGHTS AND IN GOOD FAITH TO RELIEVE AND RELEASE APACHE CANYON RENTALS LLC OF ANY DUTY LEGALLY OWED TO ME (US) IN RELATION TO THE CONDUCT OF THIS ACTIVITY.