ATV AGREEMENT

BY SIGNING THIS AGREEMENT, THE RENTER ACKNOWLEDGES AND ACCEPTS ALL TERMS, CONDITIONS, AND RISKS OUTLINED BELOW.

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1. ELIGIBILITY & SAFETY REQUIREMENTS

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- ONLY the persons signing this agreement, or those specifically identified within it, are authorized to operate the rented ATV, vehicle, or equipment.

- PASSENGERS are the sole responsibility of the renter.

- If ANY unauthorized person operates or rides the vehicle, ALL insurance, liability coverage, and protections under this agreement are NULL and VOID. The renter will be fully responsible for any damages, injuries, or losses that occur as a result.

- HELMETS must be worn at all times (police will fine you).

- NO MORE THAN 2 riders per ATV. Infants that can be held are allowed as a third rider; larger children are NOT permitted.

- Ride within your skill level — DO NOT push limits or ride recklessly.

- NO ALCOHOL or DRUGS before or during use of the vehicle or equipment.

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2. RULES OF OPERATION

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- OBEY all traffic signs and speed limits.

- ONE-WAY STREETS: Google Maps is often wrong in Tulum. Follow street signs, NOT GPS.

- ALWAYS carry your driver’s license and a copy of your passport.

- BEACH ROAD: Watch for checkpoints. Avoid parking on the main beach road — vehicles are often towed.

PARKING RULES:

- NO parking in front of signs/walls with “E” with a slash through it.

- NO parking on corners. Park at least 2 cars away from corners to avoid towing.

DRIVING GUIDELINES:

- AVOID potholes and puddles (go around them — they can be deep).

- DRIVE SLOWLY on bumpy dirt roads (ATVs are NOT meant for aggressive off-roading).

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3. GEOGRAPHIC RESTRICTIONS

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- NO riding outside of Tulum. This includes highways toward Playa del Carmen, Coba, and Sian Ka’an.

- 5–7 minutes on the highway for local cenotes is OK.

- If the ATV breaks down outside of Tulum, YOU PAY ALL

COSTS, even if the issue is mechanical and not your fault.

- BREAKING THIS RULE may void any support or recovery assistance from the company.

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4. PICKUP & DROP-OFF INFORMATION

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- DROP-OFF must be at the SAME TIME as your pickup time.

- We have multiple locations — USE THE LINK provided to confirm the correct pickup location:

https://maps.app.goo.gl/AhxPvSPVnwF5kwuA7?g_st=ic

- If you are scheduled for a delivery or pickup at your home AND IT IS RAINING, delivery will be delayed until the rain stops for the safety of our driver and delivery equipment.

- DO NOT use Apple Maps to find us — ONLY use Google Maps.

- WIFI ACCESS: Push open the big wooden door at Thoth Lofts and Studios, go to the first apartment on the right & scan the Wifi QR code on the black wooden cabinet.

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5. EMERGENCY PROTOCOLS

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- If the ATV breaks down: MECHANICS CANNOT ENTER JAGUAR PARK. Bring the vehicle to the entrance for assistance.

- CONTACT: Text Alyssa (Ally) on WhatsApp: +52.984.156.8826 (call for emergencies).

- SLEEPING HOURS: Our business is offline during sleeping hours (11pm–7:30am). If you have an accident/issue during this time, you must go to the CLIENT PORTAL WEBSITE (link found after step 7) for clear instructions.

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1. CANCELLATIONS & REFUNDS

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- If you cancel more than 24 hours before your booking, 50% of the total rental cost will be charged as a cancellation fee.

- If you cancel within 24 hours of your booking, you are responsible for 100% of the rental cost, which will be charged to the card on file if not already paid up-front.

- There are no refunds for early returns, unused days, weather-related issues, or after the service has been provided.

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2. COLLECTIONS & FEES

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- If any amount owed under this agreement is not paid when due, you authorize us to charge the card on file.

- If the balance remains unpaid and is sent to a collections agency, you are responsible for all collection costs, including agency fees, legal fees, and any additional expenses incurred to recover the debt.

- This responsibility applies regardless of your payment method (cash or card).

- Group rentals: All members of the group are considered jointly responsible. If another person in your group fails to pay for damages, fines, or other costs, you may be held liable for the unpaid amount.

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3. FUEL POLICY

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- Return the vehicle with the same fuel level as pick-up.

- If not, there is a 315 MXN charge.

- Document fuel level with a photo at pick-up.

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4. DAMAGES

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- Renter pays for all damages they cause when not covered by insurance, plus any deductible costs or insurance claim costs.

- Vehicle condition: Renter agrees the vehicle is in good condition at pick-up. Photos and videos will be taken as proof.

- External damage includes, but is not limited to:
Broken mirrors
Tire/rim damage
Cracked plastics or body damage

- Loss of use: 400 MXN per day until the vehicle is repaired and back in rental condition (up to 10 days), excluding paid rental days.

- Charges for lost or broken items:

Missing helmet or helmet clip: 600 MXN
Missing or broken phone holder: 400 MXN
Missing AirTag: 800 MXN
Missing license plate or circulation card: 6,000 MXN

- Cleaning fee: 250 MXN if the vehicle is returned with food, sand, garbage, or mud.

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5. FINES & TOWING

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- Police fines: Renter is responsible for any ticket (e.g., faulty lights — check all lights and functions before riding).

- Fines/towing: Fines or tows for non-compliance are 100% the renter’s responsibility.

- Towing costs: If the vehicle is towed, the renter must pay all fines/fees (up to 5,000 MXN).

- Tow retrieval service: 4,000 MXN (optional & in addition to towing fees).

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6. NEGLIGENCE

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- If the renter fails to notify the company of damages, abandons the vehicle (e.g., leaves it at a hotel or other location without prior approval), or fails to properly return the vehicle, a minimum negligence fee of $150 USD will be charged.

- This fee is in addition to repair costs and covers administrative time, loss of rental income, and breach of the rental terms.

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7. ACCIDENT & INSURANCE PROTOCOLS

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- In the event of an accident, the renter must follow all accident and insurance protocols provided by the company.

- Failure to comply with these protocols will result in the renter being fully responsible for all repair costs, regardless of insurance coverage.

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8. DEPOSIT & CREDIT CARD POLICY

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- To avoid leaving a passport or cash deposit, you must provide a valid credit card (Visa or MasterCard only) that can be charged.

- A $0.50 authorization charge will be made to put your card on file.

- Debit cards, prepaid cards, Revolut, Wise cards, or maxed-out credit cards are not accepted.

- We may perform additional test charges at any time to ensure the card is valid and not maxed out.

- If you do not have an acceptable credit card, you can still rent by providing either:

- Your passport (held securely until return), or
- A $250 USD cash deposit, refundable upon safe return of the vehicle.

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9. RENTAL PERIODS, LATE & EXTENDED RENTALS

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- Rental period is 24 hours from your scheduled pick-up time, regardless of late arrival.

- If you wish to extend your rental, you must notify us before your original return time.

- Extensions depend on vehicle availability and must be fully paid in advance.
- The extension will be charged at your original daily rate.

- You will not receive additional discounts that would have applied if you had booked for a longer period initially.

- Once confirmed by text, this agreement automatically extends to the new return date/time.

- Unapproved late returns are charged 300 MXN per hour.

- Per hour over 24 hour window cost if requested: 250 MXN per hour.

- Option to rent for an additional day at the daily rate (if available).

- If you book an ATV and pick it up late, you are still responsible for the full rental cost, including any days you did not use.

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1. Assumption of Risk

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I understand and voluntarily assume all risks of injury, loss, or damage arising from the use, condition, or possession of the rented ATV or any equipment. I acknowledge that these activities are inherently dangerous, and I accept full responsibility for my actions and any resulting harm to myself, passengers, or property.

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2. Waiver and Release of Claims

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I, on behalf of myself, my spouse (if any), my children, any minor for whom I am the guardian, my heirs, executors, and successors, waive, release, and discharge AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) and her assigns from any and all claims, demands, losses, damages, liabilities, costs, or causes of action of any kind — including but not limited to personal injury, wrongful death, and property damage — that arise from or relate to the rental, use, operation, condition, or possession of the rented ATV or any other vehicle or equipment provided by AC HerHoldings LLC.

This waiver and release applies to both known and unknown claims and includes any issues that may arise or be discovered in the future. I acknowledge that I have considered the possibility of unknown claims and voluntarily assume that risk.

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3. Covenant Not to Sue

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I agree, on behalf of myself and my representatives, that I will never directly or indirectly bring, institute, or pursue any legal, equitable, or administrative action or complaint against AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) that arises out of or relates to the condition, possession, use, or operation of the rented ATV, scooter, or equipment. This covenant applies even to claims I do not currently know or anticipate.

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4. Indemnification

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I agree to indemnify and hold AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) harmless from and against any and all claims, damages, losses, penalties, or expenses (including attorney’s fees) that arise, in whole or in part, from:

- My rental, use, or operation of the ATV or equipment,

- The condition or possession of the vehicle, or

- Any breach of this agreement.

This includes liability for injury or damage to passengers or third parties caused directly or indirectly by my actions.

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5. Partial Invalidity & Choice of Law

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If any part of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain fully in effect. This agreement is governed by and will be construed in accordance with the laws of Tulum, Mexico.

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6. Expenses of Enforcement

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If legal action is necessary to enforce any terms of this agreement, the prevailing party shall be entitled to recover all costs, expenses, and reasonable attorney’s fees. This also includes collection fees.

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7. Entire Agreement & No Oral Modification

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This document, along with any attachments or addenda, represents the entire agreement between the parties. No changes or modifications are valid unless made in writing and signed by AC HerHoldings, LLC (doing business as Rent A Scooter Tulum). Text message confirmations by AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) are included.

Continuation of Agreement
This contract remains valid if you extend your rental or rent with us again in the future. A text confirmation of the new dates is sufficient to extend this agreement and all its terms.

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8. TERMS & CONDITIONS

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- AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) makes no warranty of any kind, express or implied, regarding the quality, manufacture, safety, drivability, or fitness for any particular purpose of any vehicle or equipment rented under this agreement.

- All vehicles and equipment are provided “as is” and with all faults.

- The undersigned acknowledges that riding scooters, ATVs, and similar vehicles in Tulum is inherently dangerous and carries a high risk of serious injury or death to the rider and others.

- AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) does not provide medical insurance and warns that any serious injuries may result in significant financial costs.

- By signing this agreement, the undersigned and all additional riders personally assume all risks and liabilities associated with these activities. The undersigned understands that by executing this document, they are waiving important legal rights and, in good faith, relieve and release AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) from any legal duty or responsibility related to the conduct of these activities.

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9. ACTS OF GOD DISCLAIMER

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- Renter remains responsible for the vehicle during the rental period, including damage or loss due to weather, floods, storms, or natural disasters.