Rental Participant Agreement

Effective Date: January 28, 2025

This Rental Participant Agreement (“Agreement”) is a legally binding contract between you (“Participant”) and ThrillFleet, LLC (“ThrillFleet”). It applies to every renter, operator, passenger, observer, guest, parent or legal guardian signing on behalf of a minor, and any other person participating in activities involving a ThrillFleet vehicle. By signing electronically, checking the required acknowledgment box, operating, riding in, entering, or otherwise participating in any activity involving a ThrillFleet vehicle, you agree to be bound by this Agreement regardless of whether you paid for the rental.

To the extent applicable, participants agree to be bound by relevant provisions of ThrillFleet’s Terms of Service, including dispute resolution, arbitration, and limitation of liability provisions.

1. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

1.1 Voluntary Engagement in High-Risk Activities

By accessing or using any vehicle made available through ThrillFleet, you affirm that your participation is entirely voluntary. You understand that off-road vehicles, dirt bikes, motorcycles, and similar equipment involve inherent risks, including collision, rollover, loss of control, mechanical malfunction, drowning, environmental hazards, and other dangers that may result in serious injury or death. Participants understand that rides may occur on dirt roads, gravel roads, forest roads, ranch roads, or other unpaved terrain that may contain ruts, loose gravel, mud, steep shoulders, washouts, water crossings, wildlife, falling debris, dust, or uneven surfaces that may create risk of loss of control, collision, rollover, injury, or death.

1.2 Awareness and Acceptance of Risk

You voluntarily and knowingly assume all risks associated with your participation, whether known or unknown, foreseeable or unforeseeable, inherent or arising from the negligence of others. These risks include, without limitation, vehicle malfunction, equipment failure, mechanical defects, tire failure, terrain hazards, weather conditions, wildlife, other riders, operator error, rescue delays, remote locations, emergency response delays, and the actions or omissions of ThrillFleet, its employees, contractors, or other participants. You expressly accept these risks and voluntarily choose to participate despite them.

1.3 Acceptance of Financial Responsibility

You acknowledge that participation in off-road vehicle activities may result in damage to the vehicle, equipment, property, or third parties. You accept full financial responsibility for all amounts you become obligated to pay under the Rental Agreement, Terms of Service, or applicable law, including amounts exceeding any Security Deposit.

• PHYSICAL CONDITION, ELIGIBILITY, AND OPERATOR COMPETENCE

2.1 Eligibility and Certification

By participating in any rental activity through ThrillFleet, you represent that you are at least twenty-five years of age, possess a valid government-issued driver’s license, and, where required by law, hold any applicable boating or operating certification. You affirm that you meet all eligibility requirements imposed by ThrillFleet, the host, and Texas law.

2.2 Physical and Mental Fitness

You represent and warrant that you possess the physical ability, mental capacity, judgment, experience, and skill necessary to safely participate in the activity you have chosen. You accept sole responsibility for determining whether your physical condition, experience level, medications, fatigue, pregnancy, or any other circumstance makes participation unsafe.

2.3 Prohibition on Impairment

You shall not operate or ride in the vehicle while impaired by alcohol, illegal drugs, prescription medication, fatigue, illness, distraction, emotional distress, or any condition that reasonably reduces your ability to safely participate. You are solely responsible for determining whether you are fit to participate at all times.

2.4 Safety Gear Requirements

You agree to use, and require all passengers to use, all safety gear mandated by law and recommended by the ThrillFleet, including helmets, flotation devices, protective eyewear, and any specialized equipment appropriate to the activity. Failure to use proper safety equipment increases inherent risks and does not diminish the enforceability of this Waiver. Passengers agree to remain seated with all restraints fastened at all times, keep hands, arms, feet, and legs inside the vehicle during operation, use designated grab handles where applicable, and immediately follow all operator or guide instructions.

• RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT

3.1 General Release of Claims

To the fullest extent permitted by Texas law, you hereby release and discharge ThrillFleet, LLC, its owners, officers, employees, agents, contractors, affiliates, platform partners, and individual host providing the vehicle from any and all claims, demands, actions, causes of action, damages, losses, injuries, or liabilities of any kind arising out of or connected with your participation, operation, use, or presence around any vehicle accessed through ThrillFleet platform.

3.2 Scope of the Release

This release applies to all claims, whether known or unknown, suspected or unsuspected, accrued or unaccrued, existing now or arising in the future, to the fullest extent permitted by applicable law.

3.3 Release for Negligence

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, YOU EXPRESSLY RELEASE, WAIVE, AND DISCHARGE THRILLFLEET FROM ANY CLAIM ARISING OUT OF THE ORDINARY NEGLIGENCE OF THRILLFLEET OR ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES. NOTHING IN THIS AGREEMENT IS INTENDED TO RELEASE LIABILITY WHERE SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW.

3.4 No Reliance on Representations

You acknowledge that you have independently inspected, or voluntarily declined to inspect, the vehicle before use. You are not relying upon any statement, advertisement, photograph, description, recommendation, inspection, repair, demonstration, representation, or warranty made by ThrillFleet when deciding to participate.

3.5 Inspection and Acceptance of Vehicle

Before operating or riding in the vehicle, you acknowledge that you have had the opportunity to inspect the vehicle and either (a) determined that it is acceptable for your intended use or (b) voluntarily declined to perform such inspection. By operating or riding in the vehicle, you accept the vehicle in its present condition and assume all risks associated with its operation.

• INDEMNIFICATION OBLIGATIONS

4.1 Duty to Indemnify

You agree to defend, indemnify, and hold harmless ThrillFleet, LLC, its members, managers, owners, officers, employees, contractors, agents, affiliates, successors, assigns, insurers, and representatives from and against any and all claims, demands, causes of action, liabilities, judgments, settlements, damages, fines, penalties, losses, costs, and expenses, including reasonable attorneys’ fees and expert witness fees, arising out of or relating to your participation, your operation or use of a vehicle, your breach of this Agreement, your violation of law, or any claim brought by a passenger, family member, estate, insurer, or third party arising from your conduct.

4.2 Responsibility for Misconduct and Violations

You are solely responsible for all damage, loss, theft, misuse, excessive wear, mechanical abuse, environmental damage, towing, recovery, storage, cleanup, excessive cleaning, administrative expenses, citations, fines, penalties, legal costs, and other expenses resulting from your use or possession of the vehicle, regardless of whether such costs exceed the Security Deposit or available insurance.

4.3 Legal Fees and Associated Costs

Your indemnification obligations include payment of all attorney’s fees, expert fees, court costs, administrative fees, and expenses incurred by ThrillFleet or the host in defending against or responding to any claim arising from your conduct. ThrillFleet has the right to select its own legal counsel in any matter where indemnification applies.

4.4 Continuing Obligations

These indemnification duties survive the end of the rental period and continue to apply even after your participation has concluded, your account has been closed, or your access to the platform has been terminated.

• NO INSURANCE OR WARRANTY PROVISIONS

5.1 No Insurance Provided by ThrillFleet

ThrillFleet does not provide insurance protecting Participants against bodily injury, death, medical expenses, property damage, vehicle damage, theft, collision, liability, or any other loss. Participants are solely responsible for determining whether to obtain any insurance they deem appropriate. Any Security Deposit is not insurance, does not limit a Participant’s liability, and does not obligate ThrillFleet to repair, replace, or compensate for any loss.

5.2 Insurance Limitations

You acknowledge that ThrillFleet makes no representation regarding the existence, scope, availability, applicability, or adequacy of any insurance that may relate to the vehicle, the rental, or your participation. Any insurance that may exist may contain exclusions, limitations, deductibles, or coverage defenses. You agree not to rely upon the existence of insurance when deciding whether to participate.

5.3 No Warranties or Guarantees

ThrillFleet makes no warranty, express or implied, regarding the condition, maintenance, safety, performance, or suitability of any vehicle or equipment. ThrillFleet does not warrant that vehicles are free from defects, hazards, or malfunctions. Your decision to operate the vehicle is made voluntarily and at your own risk, without reliance on any statement or assurance from ThrillFleet or the host.

5.4 Condition and Safety Expectations

You accept that vehicles may be subject to rough terrain, extreme weather, mechanical stress, or environmental conditions that can create unpredictable risks. ThrillFleet does not guarantee any level of safety, performance, or reliability. You assume all risks associated with operating equipment that may be affected by mechanical wear, environmental exposure, prior usage, or inherent equipment limitations. Participants understand that weather, mud, dust, loose terrain, darkness, wildlife, and environmental conditions may rapidly change and may reduce traction, visibility, stability, or vehicle control without warning.

5.5 Security Deposit Not Insurance

You acknowledge that any Security Deposit is not insurance, does not limit your financial responsibility, and does not represent the maximum amount you may owe for damage, loss, theft, recovery, cleanup, administrative expenses, legal costs, or any other obligation arising from your rental or participation.

• DOCUMENTATION REQUIREMENTS AND INCIDENT REPORTING

6.1 Pre-Ride and Post-Ride Documentation

You agree to participate in the documentation process required by ThrillFleet and the host, which includes completing photo or video recordings of the vehicle before and after each rental. This documentation must accurately reflect the condition of the vehicle at the time of pickup and return. You understand that failure to complete proper documentation may limit your ability to dispute or appeal any claim related to damage or loss.

6.2 Immediate Reporting Requirement

You shall immediately notify ThrillFleet of any accident, rollover, collision, mechanical malfunction, injury, property damage, citation, law enforcement contact, vehicle recovery, theft, fire, water intrusion, submersion, or any other incident involving the vehicle. Failure to promptly report an incident constitutes a material breach of this Agreement.

6.3 Cooperation

You agree to fully cooperate with ThrillFleet in connection with any accident, damage claim, payment dispute, chargeback, insurance inquiry, governmental investigation, arbitration, or litigation, including providing statements, photographs, videos, GPS data, electronic communications, repair records, and any other information reasonably requested.

6.4 Medical Emergencies

You acknowledge that off-road activities may occur in remote areas where emergency medical services, law enforcement, towing, cellular service, and rescue personnel may be unavailable or significantly delayed. You voluntarily assume all risks associated with delayed rescue, delayed medical treatment, evacuation, transportation, or recovery.

• MEDICAL TREATMENT AUTHORIZATION AND RELEASE

7.1 Consent to Emergency Medical Care

You authorize any emergency medical personnel, first responders, or healthcare providers to administer medical treatment to you in the event of an accident, injury, or medical condition arising during your participation. This authorization includes transportation to a medical facility, evaluation, and any treatment deemed necessary under the circumstances.

7.2 Financial Responsibility for Medical Costs

You acknowledge that all medical expenses, including transportation, evaluation, treatment, hospitalization, medication, and follow-up care, are your sole responsibility. You release ThrillFleet and the host from any obligation to pay, arrange, or reimburse medical costs incurred as a result of your participation.

7.3 No Liability for Medical Outcomes

You understand that ThrillFleet and the host are not responsible for the acts or omissions of emergency personnel, medical professionals, or healthcare facilities who may render treatment. You release ThrillFleet and the host from any claims arising out of or connected to the provision, delay, or absence of medical care.

7.4 Continuing Effect of Release

This authorization and medical release remain in effect for the duration of your participation and survive the completion of the rental period, termination of your account, or cessation of activity on the ThrillFleet platform.

7.5 Vehicle Condition Acknowledgment

You acknowledge that off-road vehicles are subject to vibration, impacts, environmental exposure, mechanical wear, and unexpected component failure. You have been given the opportunity to inspect the vehicle before use and accept it in its present condition. You voluntarily assume all risks associated with operating a used recreational vehicle, including risks arising from normal wear, unforeseen mechanical failure, or equipment malfunction.

• ARBITRATION, GOVERNING LAW, AND DISPUTE RESOLUTION

8.1 Governing Law

This Waiver is governed exclusively by the laws of the State of Texas, without regard to conflict-of-law principles. You acknowledge that ThrillFleet operates as a Texas-based LLC and agree that Texas law applies to all disputes arising from or connected to your participation. This Waiver applies to all activities, rentals, guided rides, and vehicle operations conducted through ThrillFleet regardless of whether such activities occur inside or outside the State of Texas.

8.2 Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Waiver, your participation, or your use of a vehicle obtained through ThrillFleet shall be resolved through binding arbitration. Arbitration shall take place in Denton County, Texas before a single neutral arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court with proper jurisdiction.

8.3 Waiver of Jury Trial and Class Action Rights

By agreeing to this Waiver, you knowingly waive the right to a jury trial and the right to participate in any class action, collective action, or representative proceeding. All claims must be brought on an individual basis, and the arbitrator has no authority to consolidate claims or preside over a class-wide dispute.

8.4 Informal Resolution Requirement

Before initiating arbitration, you agree to provide written notice to ThrillFleet describing the nature of the dispute and allowing ThrillFleet thirty days to attempt informal resolution. If the matter cannot be resolved within this period, either party may proceed to arbitration.

8.5 Injunctive Relief Exception

ThrillFleet may seek injunctive or equitable relief in court for claims involving misuse of the platform, breach of confidentiality, violation of intellectual property rights, or conduct that threatens the safety or integrity of the ThrillFleet marketplace.

• PARENT OR GUARDIAN CONSENT FOR MINOR PARTICIPANTS

9.1 Authority to Consent

If a minor will participate as a passenger during any activity arranged through ThrillFleet, the parent or legal guardian providing consent represents that they have full legal authority to sign on behalf of the minor and to bind the minor to all terms of this Waiver.

9.2 Acceptance of Risks on Behalf of the Minor

Parent or guardian acknowledges and accepts all risks associated with the minor’s participation, including the risk of serious injury or death arising from the use of off-road vehicles, watercraft, motorcycles, dirt bikes, snowmobiles, or other equipment accessed through ThrillFleet.

9.3 Release and Indemnification for the Minor

By signing this Waiver on behalf of a minor, parent or guardian agrees to release and hold harmless ThrillFleet and host from all claims brought by or on behalf of minor. The parent or guardian further agrees to indemnify ThrillFleet and the host against any claim made by minor or any third party arising out of the minor’s participation, including claims alleging negligence.

9.4 Binding Effect

The parent or guardian understands that this Waiver is binding upon both the minor and the parent or guardian and remains enforceable to the fullest extent permitted under Texas law.

1. ACKNOWLEDGMENT AND ACCEPTANCE

10.1 Voluntary Agreement

By signing this Waiver electronically, checking the required acknowledgment box during booking, or otherwise indicating acceptance through the ThrillFleet platform, you confirm that you have carefully read this Waiver in its entirety. You acknowledge that you fully understand the rights you are waiving and the obligations you are assuming.

10.2 Understanding of Legal Effect

You understand that this Waiver is a legally binding contract and that you are giving up substantial legal rights, including the right to sue ThrillFleet, the host, or any affiliated party for injuries, damages, or losses arising from your participation, even if caused by negligence. You agree that your acceptance is voluntary and made without coercion or reliance on any representation not contained in this document.

10.3 Accuracy of Information

You represent that all information provided to ThrillFleet, including personal details, eligibility confirmations, and documentation, is true and accurate. You understand that any misrepresentation may void your participation rights and may affect the enforceability of this Waiver.

10.4 Continuing Effect

This Waiver remains effective for all current and future rentals or activities conducted through ThrillFleet unless expressly revoked in writing and acknowledged by ThrillFleet. Termination of your account or cessation of platform use does not invalidate obligations arising from prior participation.

10.5 Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

10.6 Survival

The provisions relating to assumption of risk, releases, indemnification, payment obligations, damage responsibility, arbitration, governing law, attorney’s fees, and limitation of liability survive termination of this Agreement, completion of the rental, or closure of your ThrillFleet account.

10.7 Entire Agreement

This Agreement constitutes the entire agreement between the Participant and ThrillFleet regarding the assumption of risk, release of liability, and related obligations arising from participation in activities involving ThrillFleet vehicles and supersedes all prior oral or written statements relating to those subjects.

1. CONTACT INFORMATION

For questions regarding this Waiver or any matter related to your participation, you may contact ThrillFleet using the following information. ThrillFleet will make reasonable efforts to respond promptly to all inquiries.

Email: team@thrillfleet.com
Mailing Address: ThrillFleet, LLC
P.O. Box 303, 120 W 5th St.
 Justin, Texas 76247
Website: https://thrillfleet.com