Liability Waiver and Release
GOGORENTAL.COM
RENTAL AGREEMENT AND WAIVER OF LIABILITY AND RELEASE
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Services (defined below) provided by Operator (defined below), Operator requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental Agreement, Waiver of Liability and Release (“Agreement”).
For purposes hereof, “Operator” shall mean American Sports Outfitters, Inc d/b/a GOGORENTAL, or the applicable GOGORENTAL subsidiary providing the Services, e.g., Cruzin Hawaii.
The services provided by Operator including, but not limited to, the rental and/or use of all gas powered motorcycles and mopeds, electric bikes, and electric scooters (collectively “Vehicle”), child carriers, strollers, and joggers (collectively “Passenger Equipment”), various beach-related products such as boogie boards and paddle boards, and other related equipment, accessories, support, services, and information provided or made available by Operator (collectively, the “Services”).
In addition, use of Services may require use of a mobile application (“App”) developed and owned by a provider of technology services (the “Technology Service Provider”). The App is subject to the Technology Services Provider’s Terms of Service, which you expressly agreed to when you signed up for the App. You further understand and agree that all personal information that is held by Technology Services Provider and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Technology Services Provider in accordance with its Privacy Policy.
You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that Operator wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
- THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 4 AND 10 BELOW
- You must end each ride on the App at the conclusion of the ride. If you fail to do so, You will continue to be charged. The maximum charge for a single trip under such circumstances is $100 for 24 hours.
- Upon conclusion of Your ride, the Vehicle must not be parked at a prohibited parking spot, i.e. unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space.
- All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, and charging Vehicles) must be obeyed, including any helmet laws in Your area. See Section 1.7.
- You must promptly report any damaged or malfunctioning Vehicles to Operator via the App or e-mail.
Operator expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars.
- GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User. Operator and the Rider are the only parties to this Agreement. Except as expressly permitted by the Operator: (a) The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein; (b) You understand that when You activate a Vehicle, the Vehicle must be used only by You; and (c) You must not allow others to use a Vehicle that You have activated.
1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old.
1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to ride the Vehicle and has reviewed the safety materials provided by Operator via the App and/or other materials. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, Your medical condition, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Operator. Rider agrees that the Vehicle and any Operator equipment attached thereto, at all times, remain the exclusive property of Operator and/or its lessors/licensors. You must not dismantle, write on, or otherwise modify, repair, or deface a Vehicle, any part of a Vehicle, or other Operator equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Operator equipment, for any advertising or other commercial purpose without the express written permission of Operator.
1.5 Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles may not be available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented during operating hours and within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed. Rider agrees that Operator may require Rider to return a Vehicle at any time.
1.6 Operating Area. Rider agrees not to use, operate, and/or ride the Vehicle in any no-ride zone or outside permitted service areas, and further agrees not to move or transport the Vehicle except as expressly authorized by Operator.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider agrees to wear the provided helmet at all times during the ride. Rider also agrees to act with courtesy and respect toward others while using the Services.
- GENERAL RENTAL AND USE OF PASSENGER EQUIPMENT.
2.1 Consent to Minor Child’s Use and Participation. Rider hereby certifies that Rider is the adult parent or guardian of a minor child(ren) under the age of eighteen (18) years of age (singularly and/or collectively, “Minor Child”) and Rider consents to Minor Child’s participation and use of any and all Vehicles, Passenger Equipment, and Services incident to Rider’s use and operation of the same.
2.2 Assumption of Risk. Rider understands and acknowledges that Rider is fully aware of and assumes the risks (including, but not limited to the risk of serious bodily injury, property loss or damage) of Minor Child’s participation and use of the Vehicle, Passenger Equipment, and Services incident to Rider’s use and operation of the same. Rider recognizes Rider’s responsibility to ensure Minor Child participates only in those activities for which Minor Child has the required skills and qualifications. Additionally, Rider recognizes Rider’s responsibility to ensure that Minor Child’s use of the Passenger Equipment adheres to all manufacturer’s recommended height, weight, and use restrictions which shall be made available to Rider upon request. Rider acknowledges Minor Child’s participation and use of the Vehicle, Passenger Equipment, and Services are equally subject to the Release, Disclaimer, Assumption-of-Risk provisions, and binding arbitration agreement provisions herein.
- Notice. Operator may be contacted by GoGoRental.com, 4021 Main Ave., Suite A, Fargo ND (701)-478-6609
- Choice of Law; Dispute Resolution. Except as set forth in this paragraph 4 and paragraph 5, this Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of North Dakota and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Fargo, ND. Interpretation and enforcement of paragraph 4, including Sections 5.1 to 5.7, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq with respect to interpretation and enforcement of all provisions of this Agreement pertaining to arbitration.
- Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
5.1 Initial Dispute Resolution. Rider Support is available via the App to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
5.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration. The substantive law of the State of Hawaii shall govern the underlying dispute, but the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of all provisions of this Agreement pertaining to arbitration (Sections 5.1 to 5.7). The arbitration shall be administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Operator will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
5.3 Location. The arbitration will take place in Fargo, ND or a mutually agreed upon location.
5.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
5.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: GoGo Rental, 4021 Main Ave., Suite A, Fargo ND. The notice must be sent within 30 days of your first use of the Service following the Effective Date of this Agreement, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. Exercising your right to opt out shall not affect the enforceability of any arbitration provisions in previous versions of this Agreement from which you did not opt out. If you opt-out of these arbitration provisions, Operator also will not be bound by them.
5.7 Changes to this Section
Operator will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.
For any dispute not subject to arbitration you and Operator agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Fargo, ND. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
- Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
- Final Agreement; Modification by Operator. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. Except for Section 5, providing for binding arbitration and waiver of class action rights, Operator reserves the right, at its sole discretion, to modify or replace this Agreement at any time. The most current version of this Agreement will be posted on Operator’s website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to this Agreement, in Operator’s sole discretion, is material, Operator will notify you by contacting you through the email address associated with your account or via the App. Use of the Services by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified. Pricing terms set forth on the Website or App supersedes all pricing set forth in this Agreement.
- Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
- Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Operator. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
- RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Rider and Minor Child being allowed to use Services, Vehicles, Passenger Equipment, and other equipment, goods, product, or related information provided by Operator, Rider, on behalf of self and Minor Child, agrees to fully release, indemnify, and hold harmless Operator, Technology Services Provider and all of its and their owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider and Minor Child utilizes Services, and every property owner or operator with whom Operator has contracted to operate Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider and Minor Child’s use of the Services, Vehicles, Passenger Equipment, App, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, Passenger Equipment, placement, equipment, maintenance, related information, App, this Agreement or (b) Rider’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Rider and Minor Child’s use of any of the Services, Vehicles, Passenger Equipment, App, or related equipment, Operator and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Services, Vehicles, Passenger Equipment, App, and related equipment are provided “as is” and “as available,” and Rider and Minor Child relies on them at their own risk.
Rider, on behalf of self and Minor Child, is aware that Rider and Minor Child’s use of any of the Services, Vehicles, Passenger Equipment, App, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider, Minor Child, or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- vehicles and other objects;
- pedestrians;
- traffic;
- Vehicle or component malfunction;
- road conditions;
- weather conditions;
- failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;
- commission of any of the prohibited acts listed in Section 1.4;
- failure to perform the required safety check pursuant to Section 1.3;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by Operator, any other Released Person, Rider, Minor Child, or third party.
Rider, on behalf of self and Minor Child, is solely and fully responsible for the safe operation of Vehicle and Passenger Equipment at all times. Rider, on behalf of self and Minor Child, agrees that Vehicles and Passenger Equipment are machines that may malfunction, even if the Vehicle or Passenger Equipment is properly maintained and that such malfunction may cause injury. Rider on behalf of self and Minor Child, assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Operator, the Released Parties, any Municipality or any other party. Rider, on behalf of self and Minor Child, hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Services, and expressly waives Rider and Minor Child’s rights under any statutes that purport to preserve Rider and Minor Child’s unknown claims.
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Charging the Vehicle. You are responsible for charging the Vehicle using a charging cord approved by Operator to ensure the Vehicle has adequate battery capacity for your intended use. |
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of Section 11 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies and those of Minor Child. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle and/or Passenger Equipment, and am reasonably competent and physically fit to operate the same.
I certify that I am the Rider, I am 18 years old or over, I will wear a helmet, I will not ride a Vehicle with another occupant, unless operating Passenger Equipment, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I further certify that I have read and expressly agree to the terms and conditions of this Agreement and I acknowledge that this Agreement limits Minor Child’s legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.
GoGo Rental Policy
RENTERS MUST BE 25 YEARS OF AGE OR OLDER FOR RECREATIONAL VEHICLE. NO EXCEPTIONS!
NO RENTALS CAN BE TAKEN OUTSIDE THE UNITED STATES.
Pick-ups and Drop offs
- Pick up time is between 9AM and 4 PM
- Unless previously arranged, NO EXCEPTIONS!
- Drop off time is before 12 PM
- Late returns are subject to a fee
Motorhomes
- Renters must provide their own insurance on motorhomes
- If unable, we can facilitate a purchase through MBA Insurance
- Deductible is $1,000
- Accepted are Visa, MasterCard, and American Express
- Renters must have a valid driver’s license on them at all times
- Minimum 3-night rental
- 100 miles per day are included
- .40 per mile after included miles
- 2 Generator hours per day are included
- $2 per hour after included hours
- Renter is responsible for checking engine oil, fluids, and coolant levels
- NO SMOKING
- NO PETS
- If smoking or pets are detected, it will result in a forfeiture of security deposit
- Gas and propane must be filled upon return of the unit
- Holding tanks must be empty upon return of the unit
- Renter is responsible for ALL damages due to negligence
Travel Trailers
- Renter must provide a proof of insurance on the towing vehicle
- Renter must have a valid Driver’s license on them at all times
- Minimum 3-night rental
- ALL TRAVEL TRAILERS REQUIRE AN ELECTRONIC BRAKE CONTROLLER (State Law)
- Unlimited miles on travel trailers
- Renter is responsible for ALL damages due to negligence
- Propane must be filled upon return of the unit
- Holding tanks must be empty upon return of the unit
- NO SMOKING
- NO PETS
Pontoons
- Pontoon Rentals must be picked up and dropped off during business hours unless otherwise arranged. **Cross Lake pickup is at 10 am and drop off is 8 pm**
- The operator of the pontoon cannot be under the influence of drugs or alcohol.
- Pontoons must be returned full on fuel. If not, renter is responsible for the cost of fuel PLUS a $50 service charge.
Cargo Trailers
- Renter must provide proof of insurance on the towing vehicle
- Renter must have valid Driver’s License on them at all times
- Minimum 2-night rental
- Unlimited miles on cargo trailers
- Renter is responsible to clean out the inside of trailer
Golf Carts
- Renter must provide copy of valid Driver’s License
- Renter must provide their own insurance
- Minimum 2-night rental
- Gasoline must be full upon return of the unit
- Renter is responsible for any damage due to negligence
Long-Term Rentals
- Long-term is considered any rental 30 days or greater
- Renter must provide proof of insurance on towing vehicle
- Renter must have valid Driver’s License on them at all times
- Units and prices vary upon availability
- NO SMOKING
- NO PETS
Security Deposits May Be Withheld in Full, for but Not Limited To
- Holding tanks not dumped
- $100
- Propane Not Full
- $50 + cost of propane
- Gasoline not full
- $50 + cost of gasoline
- Smoking
- Forfeit of Deposit
- Pets
- Forfeit of Deposit
- Damage to Unit
- Costs, including labor and parts
- Extra Mileage cost
- .40 per mile + tax
- Extra Generator Hours cost
- $2.00 per hour + tax
Security Deposits
- Motorhomes
- $1000
- Pontoon
- $500
- Travel Trailers
- $500
- Golf Carts and Cargo Trailers
- $250
Special Event Pricing
- Fourth of July
- Minimum 7-night rental
- Moondance Jam and Jammin Country
- Minimum 5-night rental
- Memorial and Labor Day Weekends
- Minimum 4-night rental
- We Fest
- Minimum 7-night rental
- Call for price adjustment
Cancellation Policy
- Outside of 10 days from rental date
- $50 fee
- Inside of 10 days of rental date
- Full deposit is withheld
Units and Rates are subject to change without notice!
We reserve the right to refuse service to anyone!