This document constitutes the agreement between Uwharrie ATV Rentals, LLC (hereafter collectively referred to as ”UWATV”), and the renter whose name, address, and signature appears below.

Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, and on all previous pages of this document, and on the Participant Agreement Release and Assumption of Risk document, any addenda, and any additional materials we provide and that you sign at the time of rental. "You" or "your" means the person identified as the Renter, any person signing this Agreement, any Authorized OHV Driver or E-bike Rider and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our" or "us" means the independent business named on elsewhere in this Agreement. "Authorized Drivers/Riders", means the renter and additional drivers or riders listed by us on this Agreement; Authorized Drivers/Riders are the only persons permitted to operate the OHV or E-bike. Each Authorized Driver/Rider must have a valid drivers license and be at least 21 years of age, to rent and operate the OHV vehicles, or 18 years of age and a valid drivers license to rent and operate the E-bikes. "Passengers" means all occupants of an OHV other than the driver. "Vehicle" means the OHV or the E-bike identified when the online reservation was made. "Charges" means the fees and charges that are incurred under this Agreement. "Rental Period" means the period between the time you take possession of the Vehicle until the Vehicle is returned to and checked in by us. “Forest” means the Uwharrie National Forest.

Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due-in time and date. If you have rented an OHV, It is important that you monitor the annunciator display during operation for any caution or warning that may display, such as low oil pressure, or over temp. In addition, you must be aware of any unusual smell, such as burnt motor oil, or a “sweet” smell that might indicate a coolant leak. If you have any reason to suspect that the vehicle has a mechanical issue, stop the vehicle and contact us. If you have rented an E-bike it is important that you monitor the annunciator display during operation so as to be aware of remaining battery life, so that you don’t find yourself without electric assist and many miles and steep grades to traverse in order to get back to our office.

Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver/Rider, or by anyone whose driver's or other operator's license is suspended in any jurisdiction: (b) by anyone under the influence of prescription or non-prescription drugs or alcohol: (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected; (i) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (I) in violation of any "Rules of-the Road," vehicle safety and operations training, or other similar materials that we provide to you at the time of rental.

The Renter and Authorized Drivers/Riders agree to the following:

1. I understand that ALL occupants of the vehicle must have read and signed the Participant Agreement, Release and Assumption of Risk document.
2. I understand that I am responsible for ANY and ALL damages that occur to the OHV/E-bike while the vehicle is in my possession. 
3. I understand that I and all OHV passengers are required to wear and have properly secured, the helmet supplied with either the OHV rental or E-bike rental, while operating the vehicle.
4. I understand that if I am renting an OHV that any time the vehicle is moving, the side netting is required to be secured in place, and the driver and all passengers are required to be properly fastened in their seat harness with their helmets on. 
5. I certify that if I am renting and E-bike, I am an experienced bicycle rider, familiar with the rules and safe bicycle riding practices described by the National Highway Traffic Safety Administration.
6. I agree to return the vehicle to the UWATV rental office not later than the end of the contracted rental period. I understand that I will be charged a late penalty if my return is more than 5 minutes late. The late fee for OHV rentals is $100 for the first 5 minutes and accrue at the rate of $50 per each 15 minute increment thereafter. The late fee for E-bike rentals is $10 for the first 5 minutes, and $10 for each 15 minute increment thereafter. (We cannot meet our obligations to the next customer if you do not return the equipment on time.)
7. I understand that for an OHV rental, I must return in time to refuel with PREMIUM NON-ETHANOL, and then return the vehicle with the fuel gauge showing full, to the UWATV office. I understand that I must present the fuel receipt for verification that the proper fuel was purchased.
8. I agree that no one will be permitted to drive/ride that is not a listed driver/rider, on the form below, and that no one under the age of 21 is permitted to operate an OHV under any circumstances, an no one under the age of 18 is permitted to ride an E-bike under any circumstances.
9. I understand that I am responsible for navigating the roads and trails inside the Forest, or in the case of renting an E-bike in the town of Badin, NC, the streets within the town of Badin and the road to Falls Reservoir with no assistance from UWATV.  
10. I agree that I will drive an OHV ONLY on the roads and DESIGNATED TRAILS for OHV’s within the Forest and obey all Laws and Local Park Rules. 
11. I understand that it is my responsibility to identify and stay off any trails, or out of areas that are briefed as prohibited. The Daniel Trail, #390, and the Dickey Bell trail, #91, are always prohibited due to the extreme difficulty and risk, associated with driving on these trails.
12. I agree to abide by all posted speed limits on roads and trails. Most roads in the Forest have a limit of 25 miles per hour. Some trails may not have posted limits but should be traveled at no more than 25 miles per hour.
13. I understand that if I am riding an E-bike and riding in the Forest, that park rules prohibit me from riding on any of the off-road trails. That is, I am only allowed to ride an E-bike on the paved and gravel roads within the Forest.
14. I agree that if I am going to ride in the Forest, that I will ride on NC Hwy 109 ONLY for the time and distance required for me to gain entrance to the Forest. I also understand that Hwy 109 has fast moving traffic, and I am aware of the risk associated with riding/driving on that Highway.
15. I understand that any use of Alcohol or recreational drugs is prohibited.
16. I understand that if I should I have a flat tire, or my vehicle becomes disabled in any way that it could take an hour or more before help might arrive.
17. I understand that if I become stranded due to my negligence I will be charged for and that I am responsible for all costs associated with recovery and/or towing of the vehicle(s).
18. I understand that if I am renting an OHV, it is my responsibility to, if at any time that I am unsure as to the safe outcome of navigating the trail ahead, stop, get out and walk, to determine a safe path, and if none is available, use all available resources, that is, my passengers or other trail users, to help get the vehicle safely turned around.
19. I understand that the trails and roads are very narrow, sometimes steep, with hairpin curves, and the likelihood of oncoming vehicles. It is my responsibility to maintain a sharp lookout for oncoming traffic, abide by all rules of the road and trails, and maintain a safe speed, to minimize the risk of a collision. I understand that if I am riding an E-bike, that the roads are as described above and that they are full of potholes, large stones and loose gravel, all of which pose a hazard to my safety.
20. I understand that driving the vehicle into the big, deep, mud hole at the beginning of the Daniel Trail is prohibited. I understand that the penalty for recovery and cleaning as a result of doing that will result in a $500 charge to my credit card.
21. I understand that, if I am renting an OHV, that although the vehicle is licensed and legal to drive on the Highway, it IS an Off Road Vehicle, and that the only authorized travel on the Highway is to and from the park entrance and the rental office. I also understand that the blinkers, horn, and windshield wipers do not operate in the same way as a conventional automobile, and that it is my responsibility to fully understand how to operate them prior to driving away from the rental office. I understand that the blinkers, once activated, do not automatically turn off. That is, they will continue to blink until I move the switch to the off position.
22. I understand that the vehicles do not come from the factory with a parking brake. I understand that my OHV may or may not have an after market parking brake installed, and it is my responsibility to know if it has a parking brake and how to use it, if available.
23. I understand that UWATV reserves the right to terminate the rental at any time with no refund if there is misuse of the rental vehicle or neglect of local laws or any agreements made in this contract.
24. I agree not to operate an OHV or ride an E-bike at night.

Notice: Failure to return the vehicle at the expiration of the rental period may constitute a criminal offense under NC Law, and subject you being charged with a Class H Felony.

By signing below, you: agree to the terms and conditions of this Agreement as set forth in the preceding pages, and any other document that you sign; and you acknowledge that you had an opportunity to read the entire Agreement before signing; authorize us to process a separate credit/debit card voucher in your name for all Charges, including Vehicle damage and Violations; and you authorize us to release your billing/rental information to third parties for billing/processing purposes. All Charges are subject to final audit.