WAIVER OF LIABILITY


Effective Date: December 8, 2025

This Waiver of Liability is a legally binding agreement between the participant or renter and ThrillFleet, LLC. By booking, operating, riding in, or otherwise participating in any activity involving a vehicle listed on the ThrillFleet platform, you acknowledge the inherent risks associated with recreational vehicles and voluntarily agree to the terms of this Waiver. Your participation signifies that you understand the nature of these activities and willingly assume full responsibility for any resulting injury, damage, or loss.

  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, watercraft, dirt bikes, motorcycles, snowmobiles, 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.

1.2 Awareness and Acceptance of Risk

You acknowledge that no amount of training, caution, equipment, or supervision can eliminate these risks. You freely choose to participate despite such risks and accept full personal and financial responsibility for any harm, injury, property damage, or loss that may occur in connection with your use or operation of any vehicle.

  • 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 confirm that you are in adequate physical and mental condition to safely operate or ride in the selected vehicle. You further represent that you do not suffer from any medical condition, impairment, or limitation that would render operation unsafe or increase the likelihood of harm to yourself or others.

2.3 Prohibition on Impairment

You certify that you are not under the influence of alcohol, drugs, or any medication that could impair judgment, motor skills, reaction time, or your general ability to operate or participate safely. You accept full responsibility for ensuring that no impairment exists at any time during the rental period.

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 host, 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.

  • 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 injuries, deaths, property losses, and damages arising from any cause whatsoever, including but not limited to vehicle collision, rollover, equipment failure, negligent maintenance, unsafe terrain, severe weather, or the acts or omissions of other participants. You acknowledge that this release extends to both known and unknown claims and applies regardless of when the incident occurs, whether before, during, or after the rental period.

3.3 Release for Negligence

You expressly agree that this release applies to any negligence, whether ordinary or gross, committed by ThrillFleet or by the host. You understand that this means you are waiving your right to file a lawsuit or pursue legal action claiming that ThrillFleet, the host, or any related party acted negligently or failed to ensure your safety.

3.4 No Reliance on Representations

You acknowledge that neither ThrillFleet nor host has made any representation, warranty, or promise regarding safety, condition, maintenance, suitability, or performance of any vehicle. Your participation is based solely on your own judgment and evaluation of risks involved.

  • INDEMNIFICATION OBLIGATIONS

4.1 Duty to Indemnify

You agree to fully indemnify, defend, and hold harmless ThrillFleet, LLC, its owners, officers, employees, agents, contractors, affiliates, and all participating hosts from any claim, demand, lawsuit, damage, loss, liability, cost, or expense arising out of or connected to your participation, use, or operation of any vehicle obtained through the ThrillFleet platform. This obligation includes injuries to yourself, passengers, third parties, or damage to any property.

4.2 Responsibility for Misconduct and Violations

You accept sole responsibility for any claim or loss that results from your actions, including violations of law, failure to follow safety instructions, negligent conduct, reckless behavior, unauthorized operation by third parties, or any breach of platform rules or rental terms. You further agree to indemnify ThrillFleet and the host for all costs incurred due to citations, towing, retrieval, property damage, cleanup, or any misuse of the vehicle.

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

You acknowledge that ThrillFleet does not provide any insurance coverage of any kind for participants, renters, hosts, vehicles, passengers, property, or third parties. ThrillFleet does not insure against personal injury, medical expenses, vehicle damage, theft, collision, loss, towing costs, or any liability incurred during the rental or use of a vehicle. You accept responsibility for securing any insurance coverage you believe necessary for your safety and protection.

5.2 Host Insurance Responsibility

You understand that hosts may or may not carry insurance on their vehicles and that ThrillFleet does not verify or guarantee the existence, validity, or adequacy of any host’s insurance coverage. You waive any claim against ThrillFleet arising from a host’s lack of insurance or insufficient insurance coverage.

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.

  • 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 Duty to Report Accidents or Damage

You must report any accident, collision, rollover, mechanical issue, injury, property damage, or unsafe condition to both the host and ThrillFleet within twenty-four hours of the occurrence. This reporting requirement applies regardless of whether the incident appears minor or does not immediately affect vehicle performance.

6.3 Cooperation with Investigations

You agree to cooperate fully with any investigation conducted by ThrillFleet, the host, insurance providers, or law enforcement. This cooperation may include providing written statements, photographs, location details, witness information, and any other documentation reasonably requested.

6.4 Medical Emergencies

If emergency medical treatment is required during your participation, you consent to receiving such care at your own expense. You understand that ThrillFleet and hosts bear no responsibility for the cost or outcome of medical treatment provided in connection with any incident.

  • 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.

  • 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.

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.

  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

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