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BOOKING DEPOSIT RECEIVED AT THE TIME OF BOOKING: (NON-REFUNDABLE)

Lessor reserves the right to cancel this rental agreement due to inclement weather or impending bad weather. Rental fees will be prorated based on the time used. Lessor’s ability to provide a rental snowmobile, if reserved, is contingent upon and subject to the return of the unit by the previous lessee.
Lessee acknowledges he/she has carefully examined the snowmobile(s) and finds it (them) suitable for the purpose leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both snowmobile(s) and equipment in a safe, dependable condition while in his/her custody.
Lessee assumes full responsibility for the snowmobile(s). In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental snowmobile, Lessee will immediately report same to Lessor. Continued use of the rental snowmobile shall be entirely at the Lessee’s risk.
Lessee shall pay $3000.00 damage deposit (valid major credit card, e transfer or cash) at the time this rental agreement is signed for each snowmobile rented. This deposit will be credited to the Lessee upon termination of this rental agreement, less any expenses incurred to retrieve the snowmobile, and/or to repair any damages caused to this snowmobile by the Lessee or anyone else during the rental period. Should damages exceed the damage deposit, Lessee agrees to make payment in full immediately upon Lessor’s presentation of an itemized repair bill, including lost rental time.
Lessee certifies that he/she understands the rules and regulations for the safe operation of snowmobiles. In addition, Lessee certifies that he/she are in good health, has no physical defects that may be of danger to themselves or anyone else, and that he/she is capable of safe operation of this snowmobile. Furthermore, Lessee certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.
Lessee acknowledges his/her responsibility for the safe and proper operation of the snowmobile(s); and for the safety and welfare of other snowmobile operators and persons.
It is AGREED AND UNDERSTOOD BY Lessee that Lessor shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the rental snowmobile(s).
Lessee further agrees to indemnify and hold Lessor harmless from, and against any and all claims for loss of/or damage to property or injury to persons (including death) resulting through the use, operation or possession of the rental snowmobile(s).
Lessee further agrees to hold Lessor harmless should loss or damages occur to any of Lessee’s personal property while carried in, or on, the rental snowmobile(s), including loss or damage caused by malfunction or theft.
Lessee agrees not to use, nor permit the use of the rental snowmobile(s):
• Anywhere but on designated snowmobile trails;
• For any unlawful purpose;
• In a careless or negligent manner;
• By any other person not the signatory of this agreement.

RISK OF LOSS OR DAMAGE: Lessee assumes all risks of loss or damage to the snowmobile(s) and equipment from any cause, and agrees to return the snowmobile(s) in the condition received from Lessor, with the exception of normal wear and tear. Lessee agrees to return this snowmobile(s) on or before the expiration of the rental period in the current condition as detailed on the inspection sheet referenced above. If a snowmobile is damaged or lost, Lessor shall have the option of requiring Lessee to restore it to good working order, or replace it with a like snowmobile in good repair.

If frame is bent in any fashion, the snowmobile is considered a total loss to MURPHY’S CRAFT RENTAL INC. and therefore you are responsible for replacing of the sled – NO EXCEPTIONS.

LIABILITY AND INDEMINITY: Lessee hereby agrees to bind him/herself, their personal representatives and assigns and release and discharge Lessor, its owners, employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which Lessee or Lessee’s heirs, personal representatives or assigns may have, or claim to have against Lessor, its owners, employees, agents, and assigns. Further, Lessee hereby agrees to defend, indemnify and hold harmless, Lessor, its owners, employees, agents and assigns from all claims, damages, demands costs, losses, expenses, actions and judgments, which are created by or arise out Lessee’s operation of the snowmobile during the rental period. Lessee agrees to pay all claims brought by third parties resulting from the operation and/or use of the snowmobile(s) during the rental period.

LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees, and/or liability in connection with the enforcing of the foregoing rental agreement by Lessor, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by Lessor to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood that venue of any action hereunder shall be in the city of the Lessor.

Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

MURPHY’S CRAFT RENTAL INC.
Snowmobile Rental Policy

MURPHY’S CRAFT RENTAL INC., will only rent snowmobiles to persons 21 years of age or older. A valid driver’s license must be presented upon registration. A snowmobile will be assigned to the Lessee and a rental agreement must be completed before departing the drop site.

A $100 PLUS GST booking deposit per machine per day is required before a snowmobile will be reserved for you. This deposit will be credited to the rental fee at the time of registration. This is a non-refundable deposit due to the limited season and the demand for snowmobiles.

Work schedule at MURPHY’S CRAFT RENTAL INC. is from 9AM till 9pm 7 days a week. Please be aware of this when managing your schedule and rental fees.

All rentals require a $3000.00 damage deposit per sled. All damage deposits must be made on a preauthorized credit card, e-transfer or cash deposit at time of rental. This deposit will be refunded 100% when the snowmobile is returned undamaged, excepting normal wear and tear. However, 4% admin fee will be applied on all credit card transactions. There is no extra charge for email money transfers.

A representative of MURPHY’S CRAFT RENTAL INC. and you will inspect each snowmobile prior to departure. An inspection report will be logged, digital photos are taken before each rental in case there are any reservations about the condition of the sled. Please be thorough, as you will be responsible for any damage found upon return. Digital photos are taken before each rental.

A 13% HST will be collected for each rental.

MURPHY’S CRAFT RENTAL INC. will deliver the snowmobile with a full tank of gas and oil reservoirs topped off. MURPHY’S CRAFT RENTAL INC. will take care of filling oil upon return. Multi day rentals must add fully synthetic 2T oil on their own if running low. Oil is not included with rental. DO NOT RUN OUT OF OIL.

We accept: debit, email transfer, cash and Credit Cards: MasterCard, Visa, Discover, American Express (4% administration fee will apply if paying through any credit card mentioned above).

Lessee acknowledges and understands that in the event of extensive damage to the snowmobile during the lessee rental period, which requires the snowmobile to be out of commission, Lessee shall be liable to pay MURPHY’S CRAFT RENTAL INC. for all days the snowmobile is out of commission including any time outside of the original rental period during which time the snowmobile is unavailable to rent to other clients. NO REFUNDS WILL BE OFFERED.
THEFT OR LOSS: In case of theft or loss, lessee is responsible for the replacement value of the equipment during the rental period. In case of abuse, damage or theft by any person, the lessee will be charged for the repair or replacement of the equipment. In case of loss of license plate there will be $60 charge including replacement service fee to be paid by lessee. In case of loss of backpack and accessories inside the backpack mentioned on Backpack section (if rented) there will be $1500 charge including replacement service fee to be paid by lessee.
LOSS OF LESSEE PROPERTY: It is expressly agreed that MURPHY’S CRAFT RENTAL INC. shall not be liable for the loss or damage to any property left or stored by lessee or any other person in or upon said equipment after return thereof to MURPHY’S CRAFT RENTAL INC. LESSEE agrees to hold MURPHY’S CRAFT RENTAL INC. harmless from, and against any such claims

Insurance:
MURPHY’S CRAFT RENTAL INC. offers insurance at rate of $75 per day with $4000 deductible. In case Lessee declines to purchase insurance, Lessee will be responsible for the full replacement cost of the snowmobile which can run into tens of thousands of dollars. MURPHY’S CRAFT RENTAL INC. highly recommends Lessee(s) purchase insurance for the rental unit(s).

Cancellation Policy:
Due to unique nature of business and high rental demand MURPHY’S CRAFT RENTAL INC. does not offer cancellations. However, due to unforeseen circumstances days can be substituted to other days subject to availability of equipment.

Guidelines for a Safe, Fun, and Memorable Snowmobile Fun-Venture

Time of Pickup:
• Please have driver’s license ready and your credit card or cash for your damage deposit.

On The Trails!

1. Rule Number One: Stay on the trail.
2. Pay attention to trail signs and always stop before crossing roads.
3. Your headlights will lead the way. Do not feel you need to race to “keep up”. Plan stops at each stop sign with your group. Drive defensively!
4. Keep to the right of the trail when riding, and when meeting oncoming traffic. Always be aware of hand signals of other traffic. If you are the lead rider in your group, gesture to each passing sled the number of riders in your group (using the fingers of your left hand, indicate how many riders are in your group). Subsequent riders should also indicate how many riders are behind him or her. The last rider in your group should hold up a clenched fist, letting oncoming traffic know when your group is clear.
5. When leaving the snowmobiles unattended, take the keys and helmet with you.
6. Before leaving again, remember to let the sleds idle for 3 minutes before taking off, (parked for an hour of more).
7. Check the oil reservoir at each fuel stop and top off with 2-stroke oil if needed.
8. If the oil light comes on, check levels frequently. You may have to tow the snowmobile to the nearest gas station to fill with oil. DO NOT RUN the snowmobile if the oil reservoir is empty.
9. Never use a glove to clear debris, snow or ice from the windshield or the shield on your helmet. This will damage them (hence, the damage deposit requirement).

 

Before Departure:

1. Inspect the snowmobile one last time. You are responsible for ANY damage incurred while renting the snowmobile. Please take pictures
2. Verify that you have a copy of the rental agreement.
3. If renting a trailer, secure the snowmobiles with tie-downs by screwing in to the trailer, straps and ensure by double checking that hitch is fixed properly before departing.
4. Verify that you have enough gas in the snowmobile to make it to your next stop.
5. Let each snowmobile idle for 10 minutes before departure.
6. Each snowmobile should be able to run 60-80 kilometers between refueling. Plan your stops accordingly.

Upon Returning:

1. Return all items used on the trip. You are responsible for lost items and will be charged accordingly.
2. Report any problems encountered or damage that occurred while the snowmobile was in your possession.
3. Review the snowmobile with a MURPHY’S CRAFT RENTAL INC. representative. Please take pictures.

SNOWMOBILE WAIVER AND RELEASE OF LIABILITY AGREEMENT

I. DISCLAIMER
This Waiver and Release is applicable to all Lessees, operators, passengers, and users of equipment provided by MURPHY’S CRAFT RENTAL INC. (For purposes of this Waiver and Release, the term “MURPHY’S CRAFT RENTAL INC.” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of MURPHY’S CRAFT RENTAL INC. ).
The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Lessee agrees that he/she will disclose to MURPHY’S CRAFT RENTAL INC. all potential operators, passengers, and users of said rental equipment.
Lessee further agrees that in the event that he/she fails to notify MURPHY’S CRAFT RENTAL INC. , of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of MURPHY’S CRAFT RENTAL INC. .

II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by The MURPHY’S CRAFT RENTAL INC. at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of MURPHY’S CRAFT RENTAL INC.

III. WAIVER
By the execution of this Release, the undersigned agrees that MURPHY’S CRAFT RENTAL INC. shall not be liable for any damages arising from personal injuries, death and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by MURPHY’S CRAFT RENTAL INC. including but not limited to other related injuries, collisions with other craft or stationary objects, physical contact/collisions with the rental equipment itself and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that MURPHY’S CRAFT RENTAL INC. shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that MURPHY’S CRAFT RENTAL INC. shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY MURPHY’S CRAFT RENTAL INC. , whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by MURPHY’S CRAFT RENTAL INC.

IV. RELEASE OF LIABILITY I, the LESSEE, understand that the sports of Snowmobiling are HAZARDOUS ACTIVITIES. I, the lessee, understand that the engaging in these sports and use of the rented equipment involve a risk of injury to all parts of the user’s body and POSSIBLE DEATH. I, the lessee, on my own behalf and on behalf of all others who are involved with the Snowmobile and or any other snowmobile activities during the rental period, agree to freely and expressly assume and accept all risks in the use of the equipment rented. In the event someone is injured during use of the snowmobile or if someone other than lessee is operating the equipment during the rental period and is injured, lessee agrees to pay all deductibles and all cost for physical and property damage to any and all parties involved which are the fault of the lessee or any other person who was operating the snowmobile during the rental period and until the equipment is returned to the control of MURPHY’S CRAFT RENTAL INC. via the agreed-upon check in procedure. I, the lessee, further undertake sole responsibility to ensure that each person who engages in any snowmobile activities during the rental period execute a WAIVER AND LESSOR prior to engaging in any such snowmobile activities.
In consideration of the lessor agreeing to rent me snowmobiling equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the LESSOR AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE LESSOR from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in snowmobiling or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF AGREEMENT , OR BREACH OF WARRANTY ON THE PART OF THE LESSOR IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
b) TO HOLD HARMLESS AND INDEMNIFY THE LESSOR for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in snowmobiling or my use of the Equipment;
c) This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the LESSOR with respect to the safety of participating in snowmobiling or my use of the Equipment, other than what is set forth in this Release Agreement

V. ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, BACK COUNTRY TRAVEL, WEATHER, ETC. I, lessee am aware that snowmobiling involves many risks, dangers and hazards. Avalanches occur frequently in the alpine terrain used for Snowmobiling and may be caused by natural forces or persons. I acknowledge and accept that the Release may fail to predict the event of avalanches. The alpine terrain used for snowmobiling is uncontrolled, unmarked, not inspected and involves many risks, dangers and hazards in addition to that of avalanches, including but not limited to: ice and snow cornices; trees, tree wells and tree stumps; creeks; rocks, boulders, forest dead fall; holes and depressions on or below the snow surface; cliffs; variable and difficult snow conditions; crevasses; snowcat roads, road banks, cut-banks, fences and other man-made structures; mechanical failure of Snowmobiles; difficulty or inability to control one’s speed and direction; loss of balance resulting in flipping or rolling the Snowmobile; encounters with wildlife including bears, cougars and wolves; travel on highways and back country roads; collision with other snowmobiles, other motorized vehicles, equipment, other persons or other natural or man-made objects; becoming lost or separated from the group or other participants; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE LESSOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SNOWMOBILING. Communication in the alpine terrain is difficult and in the event of an accident, rescue or medical treatment may not be readily available. Alpine weather conditions may be extreme and can change rapidly and without warning, making travel by Snowmobile hazardous. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless MURPHY’S CRAFT RENTAL INC. for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other snowmobiles and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by MURPHY’S CRAFT RENTAL INC. , even if such damages arise out of the negligence of MURPHY’S CRAFT RENTAL INC.

VI. LEGAL FEES: I, the LESSEE, AM RESPONSIBLE FOR ALL LEGAL FEES, COLLECTION AGENCY FEES, AND COURT COSTS FOR MYSELF AND MURPHY’S CRAFT RENTAL INC. incurred by any dispute in damages if legal action is necessary, because of my neglect to return the snowmobile or equipment in the same condition that it was received at the beginning of my rental period.

VII. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against MURPHY’S CRAFT RENTAL INC. for MURPHY’S CRAFT RENTAL INC. negligence.

VIII. SEVERABILITY
The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.

CONCLUSION: I confirm that I am 21 years of age or older and I have read and understood this release agreement in its entirety prior to signing it, and I am aware that by signing this release this agreement I am waving certain legal rights which I or my heirs, next of kin, executers, administrators, trustees, assigns and representatives may have against MURPHY’S CRAFT RENTAL INC. and any of its affiliates.
I, the Lessee, understand and acknowledge that the terms contained in this agreement and all parties hereto agree that they have read this document in its entirety, understand and agree to all terms and conditions.

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