LEGAL CLAUSES
1. Assumption of Risk
I understand and voluntarily assume all risks of injury, loss, or damage arising from the use, condition, or possession of the rented car or any equipment. I acknowledge that these activities are inherently dangerous, and I accept full responsibility for my actions and any resulting harm to myself, passengers, or property.
2. Waiver and Release of Claims
I, on behalf of myself, my spouse (if any), my children, any minor for whom I am the guardian, my heirs, executors, and successors, waive, release, and discharge AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) and her assigns from any and all claims, demands, losses, damages, liabilities, costs, or causes of action of any kind — including but not limited to personal injury, wrongful death, and property damage — that arise from or relate to the rental, use, operation, condition, or possession of the rented car or any other vehicle or equipment provided by AC HerHoldings, LLC (doing business as Rent A Scooter Tulum).
This waiver and release applies to both known and unknown claims and includes any issues that may arise or be discovered in the future. I acknowledge that I have considered the possibility of unknown claims and voluntarily assume that risk.
3. Covenant Not to Sue
I agree, on behalf of myself and my representatives, that I will never directly or indirectly bring, institute, or pursue any legal, equitable, or administrative action or complaint against AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) that arises out of or relates to the condition, possession, use, or operation of the rented car or equipment. This covenant applies even to claims I do not currently know or anticipate.
4. Indemnification
I agree to indemnify and hold AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) harmless from and against any and all claims, damages, losses, penalties, or expenses (including attorney’s fees) that arise, in whole or in part, from:
- My rental, use, or operation of the car or equipment,
- The condition or possession of the vehicle, or
- Any breach of this agreement.
This includes liability for injury or damage to passengers or third parties caused directly or indirectly by my actions.
5. Partial Invalidity & Choice of Law
If any part of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain fully in effect. This agreement is governed by and will be construed in accordance with the laws of Tulum, Mexico.
6. Expenses of Enforcement
If legal action is necessary to enforce any terms of this agreement, the prevailing party shall be entitled to recover all costs, expenses, and reasonable attorney’s fees. This also includes collection fees.
7. Entire Agreement & No Oral Modification
This document, along with any attachments or addenda, represents the entire agreement between the parties. No changes or modifications are valid unless made in writing and signed by AC HerHoldings, LLC (doing business as Rent A Scooter Tulum). Text message confirmations by AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) are included.
8. Continuation of Agreement
This contract remains valid if you extend your rental or rent with us again in the future. A text confirmation of the new dates is sufficient to extend this agreement and all its terms.
9. TERMS & CONDITIONS
- AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) makes no warranty of any kind, express or implied, regarding the quality, manufacture, safety, drivability, or fitness for any particular purpose of any vehicle or equipment rented under this agreement.
- All vehicles and equipment are provided “as is” and with all faults.
- The undersigned acknowledges that driving in Tulum is inherently dangerous and carries a risk of serious injury or death. AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) does not provide medical insurance and warns that any serious injuries may result in significant financial costs.
- By signing this agreement, the undersigned and all additional riders personally assume all risks and liabilities associated with these activities. The undersigned understands that by executing this document, they are waiving important legal rights and, in good faith, relieve and release AC HerHoldings, LLC (doing business as Rent A Scooter Tulum) from any legal duty or responsibility related to the conduct of these activities.
10. ACTS OF GOD DISCLAIMER
- Renter remains responsible for the vehicle during the rental period, including damage or loss due to weather, floods, storms, or natural disasters.