UTV RENTAL LIABILITY WAIVER & ASSUMPTION OF RISK AGREEMENT

Renter Information

Name

First

Last

Rental Pickup Date

Date

Time

Rental Drop off Date

Date

Time

Renter's Email

Renter's Phone

Authorizations

Acknowledgment of Risk

I understand that UTV operation is inherently risky. These vehicles are off-road machines and not designed for paved public roadways unless specifically stated by law or local regulations. I acknowledge that operating on Texas terrain, including ranch properties, trails, or private land, may expose me to: Collisions with terrain or objects, Rollover or tip-over events, Wildlife encounters, High speeds and tight turns, Equipment malfunction, Entrapment or ejection, Bodily injury, property damage, or death I voluntarily assume all risks associated with vehicle operation, regardless of severity, including my own negligence or the negligence of others.

Release of Liability

I hereby release, waive, and discharge Tow-n-Go Trailer Rentals, its owners, employees, and affiliates from any and all liability, claims, demands, or causes of action for personal injury, death, or property damage arising from participation in UTV activities.

Safety Rules & Regulations

I agree to comply with all posted rules, verbal instructions, and applicable state and federal laws, including but not limited to: No alcohol or drug use before or during operation. Seat belts and DOT‑approved helmets are encouraged to be worn at all times. Maximum speed limit of 40 mph. Eye protection recommended where no full windshield is provided No mud bogging, swamp riding, or extreme off‑roading. No double riding unless the machine is specifically designed for passengers Passengers must meet safety requirements (able to hold handles, feet flat, back against seat). Never race, perform stunts, jump, or intentionally perform high-risk maneuvers Operate only within my skill level, and in compliance with Texas laws I understand that failure to follow safety guidelines will result in immediate termination of the rental with no refund

Equipment Responsibility

A $500 security deposit is required at the time of rental. I am responsible for all damages to the UTV, property, or other vehicles. If damages exceed the deposit, I agree to pay the balance in full or arrange payment within 30 days. I will return the equipment in the same condition as issued.

Indemnification

I agree to indemnify and hold harmless Tow-n-Go Trailer Rentals from any claims, damages, or expenses (including attorney fees) arising from my actions or negligence while operating rental equipment.

Out of State Policy

No UTV may be removed from the State of Texas. All Tow-n-Go UTV units are equipped with GPS tracking and geofencing technology. Any unit that crosses state lines will be automatically reported as stolen. In such cases, the renter will forfeit their entire deposit and will be held responsible for all associated recovery and legal costs.

Damage, Loss, and Costs

I am financially responsible for all damage, including but not limited to: Tires, wheels, rims Windshields, mirrors, lights Body panels Seats and interiors Roll cages Safety gear Mechanical damage resulting from misuse, abuse, or negligence I authorize Tow-n-Go Trailer Rentals to charge my card on file for: Repairs or parts Full replacement value of $20,000 (if vehicle is totaled) Recovery fees Excessive cleaning or mud removal Late return fees “Normal wear and tear” will be judged solely by Tow-n-Go Trailer Rentals.

Third-Party Liability & Property Damage

I assume full liability for any injuries or damages I cause to: Other riders or participants Private or public property Bystanders or individuals I agree to indemnify, defend, and hold harmless Tow-n-Go Trailer Rentals, its owners, staff, contractors, and affiliates from all claims, lawsuits, costs, and legal actions, including attorney fees, arising from vehicle operation. This indemnification extends to my heirs, assigns, and personal representatives.

Terrain, Weather, and Texas Conditions

Texas weather and terrain can change rapidly. I acknowledge that hazards may include: Sand, mud, gravel, rocks Standing water or flooding Uneven ground, ditches, or washouts Cattle guards, fencing, livestock I accept these risks and agree to ride cautiously. Tow-n-Go Trailer Rentals may delay or cancel rentals due to safety concerns or extreme weather without liability.

Accident Procedures

In the event of an accident: I will stop immediately. I will call Tow-n-Go Trailer Rentals. I will not abandon or move the unit except to prevent further danger. I will follow instructions given by Company staff. Failure to report accidents may result in full liability or legal action.

Return Condition & Deadlines

All vehicles must be returned: On or before the scheduled time In a clean, undamaged condition With accessories and gear intact Late returns are subject to additional charges. Excessive mud or debris will incur a cleaning fee.

Texas Waiver of Claims

To the fullest extent permitted by Texas law, I waive any right to claim damages from Tow-n-Go Trailer Rentals for: Injury Death Emotional or mental trauma Loss of personal property Vehicle malfunction or breakdown Acts of God or environmental conditions I understand no guarantee of safety is implied or provided.

Engine Policy

UTV's returned with white engine smoke or with carmel oil will result in a $1500 charge upon return. NO EXCEPTIONS!!!!

Cancellation Policy

Cancellation Policy: Full payment is required at the time of booking. Cancellations made 48–72 hours before the rental start time will receive a 50% refund. Cancellations made 24–48 hours before the rental start time will receive a 25% refund. Cancellations made within 24 hours of the rental start time are non-refundable. Same-day bookings are non-refundable. No refund for same-day bookings. Due to high rental demand, there are no refunds on holidays, special event weeks, or weekends.

Binding Agreement

This Agreement applies to: The renter Any listed driver All passengers Guests or associates accompanying the renter This Agreement remains binding during the entire rental duration and while equipment is in the renter’s possession or control.

Return Renter Liability

Renter Full Name (Printed)

Clear Signature

Participant's Signature

Clear Signature

Date of Signature