Alyssa Cavosie makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability, or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by Alyssa Cavosie in its “as is” condition with all faults.

The undersigned hereby acknowledge that riding scooters in Tulum and Alyssa Cavosie property with other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to others or myself. Alyssa Cavosie does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release Alyssa Cavosie of any duty legally owed to me in relation to the conduct of this activity.

1. RULES OF OPERATION. I agree to follow and be bound by the General Scooter Operation Rules made a part of this agreement.

2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate the rented Scooter, other vehicles (s), or equipment and that passengers will be the sole responsibility of the renter.

Should any undersigned person, any minor child under my control or any other person with the permission of any undersigned operate any above-referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any Scooter, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE.

I also agree to pay for the loss of use of any scooter or other vehicle or equipment covered by this agreement damaged by myself or other riders, at the rate of $20 per day from the date of damage (not including paid for days) until repaired and replaced in rental service. I hereby authorize Alyssa Cavosie to charge my credit card account provided as part of this transaction for any additional rental, damage, and loss of use charges I may incur under the terms of this agreement outside of the $250 dollar deposit for lost/stolen bikes or totaled bikes not exceeding a total of USD 1,900. Included in the 1,700 cost is of the replacement bike, replacement of insurance policy, replacement of circulation card, replacement of plate and any helmets missing. The scooter being replaced not be based on the value of the scooter you are driving, but on the cost of the price for a new bike as replacing the same age bike is difficult in Tulum.

3. ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any scooter or other equipment obtained from Alyssa Cavosie, for the death or injury to any person or property, and for all other risks and liabilities arising from the use, condition, and possession of the above-identified SCOOTER or any other SCOOTER and/or equipment received or obtained from Alyssa Cavosie.

4. WAIVER AND RELEASE OF CLAIMS. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs, and successors in interest, now and forever waive, release and discharge ALYSSA CAVOSIE and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death, and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition or possession of the above-referenced scooter and any other scooter or other equipment received and/or obtained from Alyssa Cavosie. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages, and causes of action may develop, accrue, or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.

5. COVENANT NOT TO SUE. I agree and covenant on behalf of myself, my children, and any minor for whom I am the guardian, I will never directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Alyssa Cavosie in any manner assert any further claim or demand against Alyssa Cavosie arising from or pertaining to the condition, possession, use and/or operation of the above referenced Scooter or any other ATV/ UTV or equipment received and/or obtained from Alyssa Cavosie. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.

6. INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Alyssa Cavosie, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced Scooter or any other Scooter or other equipment received or obtained from Alyssa Cavosie. The undersigned likewise shall indemnify ALYSSA CAVOSIE against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.

7. PARTIAL INVALIDITY/CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver, and release shall be governed and construed under the laws of Tulum, Mexico.

8. EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys fees and all costs and expenses incurred in pursuit thereof.

9. ENTIRE AGREEMENT, NO ORAL MODIFICATION. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of ALYSSA CAVOSIE

10. I, on behalf of myself, my personal representatives, and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify ALYSSA CAVOSIE from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of this Scooter. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owner of this vehicle, ALYSSA CAVOSIE.

11. This contract will continue to be valid if you extend your scooter rental or decide to rent with us again in the future. Text confirmation of the dates is needed to be considered valid.