MidSouth MotoX Rental Agreement and Rider Registration Form

Schedule

Please note, all information is required before scheduling. All appointments are on a first come first serve basis and will not be set until 100% of information has been received. All lessons expire one year from date of purchase. All sales are final; there are no refunds. In the event that a lesson must be cancelled, that lesson will be fulfilled at a later date, given it has not expired.

Renter must be at least 21 years old, and may only rent for themselves, their spouse or their children.

Your credit card information is required in case of any damages or rental charges that may arise out of this transation.

Does this rider already own their own dirt bike? No Yes

Has this rider completed the MSMX basic skill rider course? No Yes

+ ADD A RIDER

For contractual and practical reasons we do not allow helmet cams other than those provided by MSMX while participating in our group lessons. If you would like a helmet cam, you may reserve one and purchase the memory card ($39 for one camera and $10 off each additional).

Number of cameras to reserve:

Private Lesson? No Yes
Session Length 2 Hours 3 Hours

I agree with the terms and conditions of the MidSouth Moto X Rental Agreement. No Yes

I agree with the Waiver of Liability and Hold Harmless Agreement. No Yes

By completing this registration, you acknowledge that you have read the Terms and Conditions of the Agreement (i.e. the MidSouth Moto X Rental Agreement and the Waiver of Liability and Hold Harmless Agreement), and you allow us to submit a credit card voucher in your name for all rental charges arising out of this transaction.

Terms and Conditions

Always ride with your safety and the safety of others in mind. Never ride above your skill level. Ride only on the track and the grass areas of the property and stay within the fenced areas at all times.

1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means MidsouthmotoX/MSMX. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license and, is at least 21 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" means the motorcycle identified in this Agreement and any motorcycle we substitute for it. "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate.

2. Rental, Indemnity and Warranties. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

3. Condition and Return of Vehicle. You must return the Vehicle at the time specified in this Agreement, or subsequent oral or written agreement in the same condition that you received it, except for ordinary wear.

4. Responsibility for Vehicle Damage; You are responsible for all damage to the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for the loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or damage immediately to MSMX.

5. Insurance. We require a $25 insurance waiver to be purchased at the time of the reservation. Our policy provides coverage for the first $150 in damage. (95% of damage is under $150.) You are responsible for all damage or loss you cause to the motorcycle over $150. (No additional charge for damage up to $150.) You agree to return the vehicle in the condition rented less normal wear and tear.

6. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a)Rental fee (b) applicable taxes; (c) damages caused by Renter. All reservations require advance payment.

7. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.

8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, you or your personal property or any person you have authorized the use of our equipment.

9. Breach of Agreement. Any misuse or abuse of the Vehicle will result in immediate termination of rental period with all fees and expenses forfeited. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.

10. Modifications. No term of this Agreement can be waived or modified without written consent. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

11. Miscellaneous. A waiver by us or any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

12. All fees are due in advance or at time of reservation and are non-refundable . By signing below, you acknowledge that you have read the Terms and Conditions of the Agreement (see back side of this form). Your signature allows us to submit a credit card voucher in your name for all rental charges arising out of this transaction.

Waiver of Liability and Hold Harmless Agreement

Motorcycle riding is dangerous and may result in injury or even death!

1. In consideration for receiving permission to ride or observe riders on the PRIVATE PROPERTY OF MARK AND TINA DEWEESE, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MARK or TINA DEWEESE his agents, heirs or other entities, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.

2. I am fully aware of the unusual risks involved and hazards connected with riding motorcycles. I HEREBY ELECT TO VOLUNTARILY PARTICIPATE IN SAID ACTIVITY WITH FULL KNOWLEDGE THAT SAID ACTIVITY MAY BE HAZARDOUS TO ME AND MY PROPERTY. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, THAT MIGHT BE SUSTAINED BY ME, OR ANY LOSS OR DAMAGE OF PROPERTY OWNED BY ME, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. I UNDERSTAND THAT FROM TIME TO TIME, MAINTENANCE IS BEING ACCOMPLISHED ON THE TRACK. I AGREE TO BE CAUTIOUS DURING SUCH TIMES AND TO AVOID AREAS OF THE TRACK UNDER CONTRUCTION OR REPAIR.

3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

4. I understand that while riding on the PRIVATE PROPERTY OF MARK DEWEESE that he does not maintain any insurance policy covering any circumstance arising from my participation in this event or any activity associated with or facilitating that participation. As such, I am aware that I should review my personal insurance portfolio.

5. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, my spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of North Carolina.

6. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read and agree to all the terms of the Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

7. By signing this agreement, I further consent to the use of any photos taken of me or my child for the use of advertising, social media, web pages or any other use as deemed appropriate by owners of the track.

8. All fees are due in advance or at time of reservation and are non-refundable . By signing below, you acknowledge that you have read the Terms and Conditions of the Agreement (see back side of this form). Your signature allows us to submit a credit card voucher in your name for all rental charges arising out of this transaction.