VEHICLE SHUTTLE CONTRACT
NOTICE: THIS CONTRACT INCLUDES A WAIVER AND RELEASE AGREEMENT, WHICH LIMITS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.
In consideration that I (Employer) have employed SummerRun Shuttles (Employee) to shuttle my vehicle on the Clearwater River for the 2016 calendar year, I agree to the following waiver and release:
I acknowledge that moving my vehicle(s) has inherent risks, hazards and dangers that cannot be eliminated. I UNDERSTAND THAT THESE RISKS,
HAZARDS AND DANGERS INCLUDE WITHOUT LIMITATION:
(1) risks involved in completing the job as instructed, including but not limited to: theft, vandalism, damage from fire or elements, and the possibility of hitting animals, other vehicles, fixed objects and debris on the road;
(2) risks from vehicle(s) that may be unattended before pickup or after delivery by Employee including but not limited to theft, vandalism, damage from other vehicles, objects, flood, fire or the elements
(3) risks associated with the decision-making and conduct of the driver
(4) other risks, hazards and dangers that are inherent in and integral to driving and moving vehicles, including without limitation those associated with transportation to and from the access points.
EMPLOYER ALSO AGREES THAT THE VEHICLE(S) WILL HAVE SUFFICIENT FUEL TO REACH THE DESTINATION. If, upon arrival for pickup, the Employee determines, as he or she may in their sole and absolute discretion, that the vehicle(s) is/are not in safe driving condition, the Employee may elect not to transport the unsafe vehicle(s) and Employee will reimburse the Employer for one-half of the previously paid shuttle fee, and be free of all further liability, duty or obligation.
The Employer agrees to be fully responsible for all costs and expenses which Employee necessarily incurs to repair mechanical problems or any towing expenses of the vehicle(s) or otherwise to fulfill the job instructions and to promptly reimburse Employee for such expenses.
I have read and understand the information provided by Employee regarding shuttle service and travel to and from the areas for such service and also acknowledge that Employee staff may or may not carry insurance on my vehicle and the driver has been given permission to drive my vehicle and is thus covered under my insurance policy for liability. In the event I do not carry comprehensive or collision insurance, I agree that Employee will not be responsible for any damage that might otherwise be covered by such insurance policies. I further agree to defend, indemnify, and hold Employee harmless from any claim arising from my lack of insurance or lack of adequate insurance on the vehicle to fully cover Employee for any and all claims arising from conduct arising from or relating to the actions contemplated by this contract.
I understand that the inherent risks, hazards and dangers listed are only a partial description of those that may exist. I AM VOLUNTARILY GIVING PERMISSION TO MOVE MY VEHICLE WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ACKOWLEDGE, ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH OR DAMAGE DUE TO ANY TYPE OF ACCIDENT.
Lastly, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS SummerRun Shuttles, its directors, officers, shareholders, agents and Employees from and against any and all claims, actions, causes of action, demands, liabilities, suits, damages, losses, costs, expenses (including reasonable attorney's fees) and ORDINARY NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, pain, suffering, mental anguish, emotional distress, injury, paralysis, or death to me or my property as a result of this shuttle agreement, whether such damage, loss, pain, suffering, mental anguish, emotional distress, injury, paralysis or death results from the ORDINARY NEGLIGENCE of SummerRun Shuttles or some other cause. I FURTHER AGREE NOT TO HOLD SUMMERRUN SHUTTLES RESPONSIBLE AS A RESULT OF ANY INJURY, PARALYSIS, DEATH OR DAMAGE THAT MAY OCCUR WHILE MOVING MY VEHICLE.
The venue for any dispute arising between the parties shall be in a court of competent jurisdiction in Orofino, Idaho. This release is intended to be a comprehensive release of liability but is not intended to assert defenses that are prohibited by law. In the event any provision set forth in this release is deemed unenforceable by a court of law, the remaining provisions shall be of full force and effect. This contract is entered into and shall be performed within the state of Idaho, and shall be governed exclusively by Idaho law, regardless of choice of laws considerations. In the event of a dispute arising from or relating in any way to this contract, the prevailing party in such a dispute shall be entitled to recover all costs associated with such dispute, including reasonable attorney fees. This contract constitutes the entire agreement between the parties hereto, and no prior oral or written agreements of any kind shall in any vary or modify the terms of this agreement in any way. Any modification of this agreement in the future will only be effective if set forth in writing and executed by both of the parties to this contract.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS CONTRACT, AND UNDERSTAND THAT NEITHER I NOR ANY MEMBER OF MY FAMILY OR OTHER PERSON ACTING THROUGH ME WILL HAVE THE RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST SUMMERRUN SHUTTLES AND/OR DEVIN AND/OR AMANDA WHEELER.
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Vehicle Owner’s Signature Date
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Mailing Address City State ZIP
Vehicle Make Model and Year of Vehicle
License Plate Number / License Plate State