Combined Rental Agreement — Powersports & Trailers

1. Agreement and Parties

This agreement is between the Customer and Bison Rentals, together with its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on its behalf (collectively "BR"). It covers all BR rental equipment.

Sections 1, 2, 5 and 6 apply to all rentals. Section 3 applies only to Powersports rentals (ATV, UTV and personal watercraft). Section 4 applies only to trailer rentals.

1.1 Acceptance. The Customer's acceptance of this agreement by checking the acceptance box in Section 6, together with acceptance of the rental equipment, constitutes acceptance of these terms.

1.2 Risk of loss. The Customer assumes all risk, including loss, damage, or destruction of the equipment, prior to taking actual possession.

2. General Rental Terms (All Rentals)

2.1 Inspection. The Customer acknowledges having had the opportunity to personally inspect the equipment, finds it suitable for the Customer's needs and in good working condition, and understands its proper use. The Customer further acknowledges a duty to inspect the equipment prior to use and to notify BR of any defects.

2.2 No warranty. There is no warranty of merchantability, either expressed or implied. There is no warranty that the equipment is suited for the Customer's intended use or that it is free of defects.

2.3 Faulty equipment. The Customer must notify BR immediately if equipment does not function properly.

2.4 Replacement of malfunctioning equipment. If the equipment becomes unsafe during use, the Customer agrees to discontinue use and notify BR. If possible, BR will replace the equipment with similar equipment in good working order. BR is not responsible for any incidental or consequential damages to persons or property caused by the equipment.

2.5 Maintenance, care and inspection. The Customer is responsible for lubrication and normal service of the equipment, and for all damages, direct or indirect, due to lack of maintenance. BR shall have the right at any time to enter the premises where the equipment is being used or is thought to be located, without becoming liable for trespass or fraud, and shall be given free access for the purpose of inspecting or servicing the equipment.

2.6 Sub-renting. BR equipment shall not be sub-rented by the Customer, nor shall the Customer assign or transfer any interest in this agreement, without the prior written consent of BR.

2.7 Damage waiver. BR agrees to waive certain damage claims as follows:

1. For payment by the Customer of 20% of gross rental fees, BR will waive up to $200 in damage to the rental equipment. The damage waiver must be purchased at the start of the rental. The Customer is responsible for damage in excess of the damage waiver amount.

2. The damage waiver applies to accidental damage to the equipment rented under this agreement that occurs during the Customer's use. The only exceptions are:

   1. Any loss or damage due to theft, vandalism, misuse or abuse.

   2. Any loss or damage resulting from the Customer's failure to properly service the equipment.

   3. Any loss or damage resulting from overloading or exceeding the rated capacity of the equipment.

   4. Any loss or damage caused by the infidelity or dishonesty of the Customer, the Customer's employees, or persons to whom the equipment was entrusted.

   5. Any use of the equipment in violation of the law or any terms of this agreement.

3. "Misuse" and "abuse" mean use of the equipment outside the scope of its intended use, in a manner that a reasonable person should know would cause damage to the equipment.

4. The damage waiver is null and void if the damage is caused by a third party not associated with or related to the Customer. In that case the Customer reserves the right to collect the cost of the damage from that individual or entity. If the Customer has insurance covering part or all of the damage, the Customer's rights available under that insurance apply.

2.8 Dirty, damaged or lost equipment. The Customer agrees to pay, as the insurer, for any damage to or loss of the equipment, regardless of cause, while it is out of BR's possession, reasonable wear and tear excepted. Rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be charged to the Customer at its replacement market value. The cost of repairs will be borne by the Customer, whether performed by BR or, at BR's option, by others.

2.9 Time and charges. In most situations BR will charge from the time equipment is picked up or delivered until it is returned, including Saturdays, Sundays and holidays.

2.10 Credit card and blank check authorization. The Customer and any person who has accepted this agreement authorize BR to charge, at any time, the credit card or cards given in connection with equipment rented, or parts, equipment and services purchased. The Customer also authorizes BR to charge any future or ongoing rental amounts, including but not limited to additional billing for lost or damaged equipment.

3. Powersports: Participant Agreement, Release and Assumption of Risk

This section applies to the rental of ATVs, UTVs and personal watercraft. In consideration of the services of BR, I agree to release, indemnify and discharge BR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, as follows:

3.1 Acknowledgment of risks. I acknowledge that my participation in ATV, UTV and personal watercraft activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: the possibility of rough terrain; passengers can be jolted, jarred, bounced around, thrown about and otherwise shaken during rides; riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; riding on uneven snow-covered terrain, changing snow conditions and variations in elevation; loss of control of the equipment; major injuries are a risk, as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck and back injuries; injuries to internal organs; loss of fingers or other appendages; accidental drowning; watercraft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, heat stroke, sunburn, frostbite, frost nip and dehydration; exposure to potentially dangerous wild animals, insect bites and hazardous plant life; the negligence of participants or other persons who may be present; travel in remote areas; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; passengers can be thrown off the vehicle, which can result in any of the above events occurring; collision with fixed or movable objects; collisions and flipping over; transmissible pathogens or disease; accidents or illness can occur in remote places without medical facilities, emergency treatment or other services; the machine itself may fail; accidents can occur getting in, out, on or off; traveling to and from activity locations raises the possibility of any manner of transportation accident; and fatigue, chill and/or dizziness may diminish reaction time and increase the risk of an accident.

3.2 Assumption of risk and safety equipment. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured DOT or SNELL certified helmet, a U.S. Coast Guard approved personal flotation device (life jacket), and a wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity.

3.3 Release. I voluntarily release, forever discharge, and agree to indemnify and hold harmless BR from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity or my use of BR's equipment or facilities, including any such claims which allege negligent acts or omissions of BR.

3.4 Insurance and medical conditions. I 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 further certify that I am willing to assume the risk of any medical or physical condition I may have.

3.5 Acknowledgment of waiver. By accepting this agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, a court of law may find that I have waived my right to maintain a lawsuit against BR on the basis of any claim from which I have released BR. I agree that this Participant Agreement, Release and Assumption of Risk is valid for subsequent visits and participation with BR.

4. Trailers

This section applies to the rental of trailers, in addition to Sections 1, 2, 5 and 6.

4.1 Trailer maintenance and load security. In addition to the duties in Section 2.5, the Customer is responsible for normal service of the trailer during the rental, including inflating tires and inspecting the load for security, and is responsible for all damages, direct or indirect, resulting from failure to do so.

4.2 Rated capacity. The Customer shall not overload the trailer or exceed its rated capacity. Loss or damage resulting from overloading or exceeding the rated capacity is excluded from the damage waiver under Section 2.7.

4.3 Indemnity. The Customer agrees to indemnify and reimburse BR for any and all liabilities to the Customer or third parties arising from the trailer rental, unless such liability results from BR's negligence.

5. General Provisions (All Rentals)

5.1 Attorney's fees. Should BR, or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, the Customer agrees to indemnify and hold them harmless for all such fees and costs.

5.2 Governing law and venue. Any lawsuit against BR shall be filed solely in the state of Utah, and the substantive law of Utah shall apply without regard to its conflict of law rules.

5.3 Severability. If any portion of this agreement is found to be void or unenforceable, the remainder shall remain in full force and effect.

5.4 Acknowledgment. The Customer has had sufficient opportunity to read this entire agreement, has read and understood it, and agrees to be bound by its terms.