Privacy Policy

Voluntary Waiver, Consent, Release, and Hold Harmless Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.

DO NOT SIGN THIS AGREEMENT UNLESS YOU AGREE TO THESE TERMS. RIDING IS VOLUNTARY, YOU ARE NOT REQUIRED TO PARTICIPATE.

1. In consideration for being allowed to rent, drive, ride in and/or utilize a vehicle pursuant to the accompanying Rental Agreement (the “Rental Opportunity”), I agree to assume all risks, waive all claims, release all liability, and defend and hold ISLAND PLUSH RENTALS LLC (“Operator”) and Polaris Industries Inc., Vanderhall Motor Works Inc. and BRP US Inc. (“Vehicle Manufacturer”) and their directors, officers, agents, affiliates, subsidiaries and  parent companies, harmless to the fullest extent allowed by law. 

2. I ACKNOWLEDGE AND AGREE THAT: 

a. If I will be a driver of the vehicle, I will have a valid driver’s license and applicable auto liability insurance. I am 21 years of age or older, and I can legally operate a vehicle as part of the Rental Opportunity. 

b. An applicable automobile liability insurance policy must provide liability coverage for motor vehicles rented in the United States of America by a person insured under the policy. 

c. If I was only a passenger, I would not drive the vehicle and I am able to grasp the handholds and firmly plant my feet, with back fully against the seat back rest. 

d. If I am under 18 years of age (“minor passenger”), my parent/guardian is also signing on my behalf, and I will be under my parent/guardian’s supervision at all times during the Rental Opportunity 

e. Driver will ONLY carry minor passengers if Driver is at least age 25 and the Parent/Guardian of the minor passenger,  will ONLY carry the number of passengers for which the vehicle was designed, will ONLY carry passenger(s) who have  signed this Agreement and the accompanying Waiver, will require each such passenger to wear proper safety equipment  and a seat belt. 

f. I am aware of and voluntarily assume the DANGERS AND RISKS OF SERIOUS INJURY, DAMAGE, OR  DEATH that exist in my use of the vehicles and the vehicle’s equipment and my participation in the Rental  Opportunity activities which could be or may be caused by loss of vehicle control, collisions, mechanical failure, road  conditions, my own negligent acts, the negligent acts of other riders, and the potential negligence of the Operator and  Polaris, including the failure to adequately screen, train, warn, or otherwise protect me from all these risks; 

g. My participation in such activities and/or use of such vehicle and vehicle equipment may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, AND/OR DEATH. 

h. I have received appropriate and thorough safety instructions and a vehicle review including its handling, safety features,  risks, hazards, instructions and warnings and am comfortable and confident in my ability and knowledge to handle the  rented vehicle in accordance with such safety instructions and warnings on the vehicles and in accordance with the safety  training provided and if I have any questions, I will ask before riding;  

i. Renters may only operate vehicle on the islands of St. Thomas or St. John, may not drive or otherwise transport the vehicle in any way to other surrounding islands. No vehicle may be used in violation of any law or ordinance, or contrary to the provisions of any applicable insurance policy. 

j. I have reviewed, am familiar with, and will comply at all times with the SAFETY INSTRUCTIONS provided by the Operator, ALL INSTRUCTIONS AND WARNINGS contained in the Owner’s Manual, and the WARNINGS ON THE VEHICLES, including the use of a helmet, goggles, and other personal protective equipment and the wearing of  seatbelts. 

k. I have not and will not consume drugs, alcohol or any other substance that could impair my judgment or driving/riding ability.

3. I AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have relating to the Rental Opportunity, whether directly or by subrogation or otherwise, against the  Operator, Vehicle Manufacturer or dealership(s), industry association(s), and/or any of their directors, officers, subsidiaries, affiliates,  employees, agents, successors or assigns, (collectively, “Rental Opportunity Sponsors”). 

4. I AGREE TO RELEASE THE RENTAL OPPORTUNITY SPONSORS FROM ANY AND ALL LIABILITY for any loss, damage, expense, or injury (including death) that I or my next of kin may incur resulting from my participation in the Rental Opportunity. I understand that this waiver and release does not extend to intentionally wrongful acts on the part of Rental Opportunity Sponsors. 

5. I EXPRESSLY WAIVE ANY BENEFITS I MAY HAVE UNDER THE UNITED STATES VIRGIN ISLANDS CODE, or any other law, that provides that a  general release does not extend to claims which I do not know of or suspect exist, which if known by me may have materially affected  my decision to sign this agreement. 

6. I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE RENTAL OPPORTUNITY SPONSORS from and against any and all liability for any claim or loss, including personal injury, death, property loss, attorney fees, and litigation costs resulting from my participation in the Rental Opportunity. 

7. I AGREE AND UNDERSTAND that, on behalf of myself, my personal representatives and my heirs, I AM RELINQUISHING  ANY AND ALL RIGHTS I NOW HAVE OR MAY HAVE IN THE FUTURE TO SUE the Rental Opportunity Sponsors for any  and all injury, damage, or death I may suffer arising from vehicle riding or its equipment, or participation in the Rental Opportunity,  including claims based on the Rental Opportunity Sponsor’s negligence.  

8. I HEREBY GRANT to the Rental Opportunity Sponsors, and those acting with their authority, the unrestricted, perpetual, worldwide right and LICENSE TO USE MY NAME, PHOTOGRAPH, LIKENESS, VOICE AND BIOGRAPHICAL INFORMATION, and any photograph, video or audio tape that may be taken of me or that includes such materials without further compensation or notice  to or permission from me or any third party. 

9. THIS AGREEMENT SHALL BE GOVERNED BY THE UNITED STATES VIRGIN ISLANDS LAW, without regard to its choice of law rules. Any dispute or claim relating to this Agreement, or the Rental Opportunity shall be finally resolved by binding arbitration under the United States Arbitration Act in the territory of the United States Virgin Islands. 

I HAVE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING IT.

I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS BY SIGNING THIS AGREEMENT.