Liability Waiver

1. ASSUMPTION OF RISK. The Renter acknowledges that the operation of powersports vehicles — including ATVs, UTVs, jet skis, personal watercraft, boats, pontoons, dirt bikes, motorcycles, snowmobiles, dump trucks, heavy equipment, farm equipment, and all other motorized recreational vehicles — involves inherent and significant risks of serious bodily injury, permanent disability, paralysis, drowning, and death.

Risks include but are not limited to: vehicle rollover, collision, capsizing, or mechanical failure; drowning or submersion; ejection from the vehicle; contact with other vehicles, objects, terrain, or persons; burns from engines, exhaust, or fuel; exposure to weather, wildlife, or environmental hazards; equipment malfunction or defect; and negligent acts of other persons.

The Renter voluntarily assumes all risks of injury, death, property damage, and all other losses arising from or related to the rental and operation of the vehicle, whether caused by the negligence of any party or otherwise.

2. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, the Renter releases, waives, and discharges the Owner, ThrottleShare, Deer Track Design LLC, and their agents, employees, and affiliates from all liability, claims, demands, losses, or damages arising out of or connected with the rental or use of the vehicle, except for claims arising from gross negligence, willful misconduct, or intentional acts where a pre-injury release is prohibited by the law of the jurisdiction where the rental occurs. This release does not apply in states where pre-injury releases are void as a matter of law (including, without limitation, Virginia and Louisiana for personal injury), and in those jurisdictions this Section is severable and the remainder of this waiver remains in full force.

3. INDEMNIFICATION. The Renter agrees to indemnify and hold harmless the Owner and ThrottleShare from any claim, demand, loss, or damage arising out of or connected with the Renter's rental and operation of the vehicle.

4. NO WARRANTY. The vehicle is provided "AS IS." Neither the Owner nor ThrottleShare makes any warranty, express or implied, regarding the vehicle's condition, safety, or fitness for any particular purpose.

5. RESPONSIBILITY FOR OPERATION. The Renter represents that they are legally permitted to operate the vehicle, hold any required license or certification, and will operate the vehicle in compliance with all applicable laws.

6. PLATFORM ROLE. ThrottleShare is a marketplace platform that facilitates the connection between Owner and Renter. ThrottleShare does not own, inspect, maintain, or control any vehicle listed on the platform and is not a party to the rental agreement. ThrottleShare is not a bailee, lessor, lessee, carrier, operator, dealer, broker, or insurer of any vehicle. ThrottleShare is not a "rental car company," "peer-to-peer vehicle-sharing program," or "rental agency" as those terms are defined under any state law.

7. ADDITIONAL RIDERS AND PASSENGERS. Only the Renter named in the booking is authorized to operate the vehicle. Additional operators, passengers, and guests are invited by the Renter at the Renter's sole risk. The Renter represents they have authority to assume risk on behalf of any adult passenger they bring, and will not transport any minor passenger without the written consent of that minor's parent or legal guardian. The Renter agrees to indemnify the Owner and ThrottleShare for any claim brought by any additional rider or passenger.

8. GOVERNING LAW. This waiver is governed by the laws of the State of Illinois, without regard to conflict-of-law rules, except that the enforceability of any release of liability for personal injury is governed by the substantive law of the state in which the rental physically occurs, and any dispute shall be resolved under the arbitration terms set forth in the ThrottleShare Terms of Service.

9. ENTIRE AGREEMENT. This waiver, together with the booking confirmation and ThrottleShare Terms of Service, constitutes the entire agreement between the Renter, Owner, and ThrottleShare regarding the rental.

Waiver Version 1.1 — Last updated 2026-04-23 — ThrottleShare (Deer Track Design LLC DBA ThrottleShare)