Enduro Adventures |
|
Dual Sport Motorcycle Tours |
Enduro Adventures |
|
Dual Sport Motorcycle Tours |
|
Legal |
|
Type your legal text here. Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diem nonummy nibh euismod tincidunt ut lacreet dolore magna aliguam erat volutpat. Ut wisis enim ad minim veniam, quis nostrud exerci tution ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Ut wisis enim ad minim veniam, quis nostrud exerci tution ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis te feugifacilisi. Duis autem dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praeent luptatum zzril delenit au gue duis dolore te feugat nulla facilisi. Ut wisis enim ad minim veniam, quis nostrud exerci tution ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis te feugifacilisi. Duis autem dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praeent luptatum zzril delenit au gue duis dolore te feugat nulla facilisi. |
Privacy Policy |
|
To contact us: |
|
Phone: 555-555-5555 |
|
Tour Agreement, Waiver of Liability and Hold Harmless Agreement 1. This tour agreement, waiver of liability and hold harmless agreement between customers and Enduro Adventure shall be effective upon receipt of written confirmation, from Enduro Adventures, of customer’s participation in the subject tour, and will be binding for both parties. 2. Scope of Services: a. The scope of services rendered by this agreement shall be accordance with documented tour description in effect at the time of this agreement. This tour is thus limited to the services specifically provided in said Tour Description and any services not explicitly reference therein shall not be included within the tour fee. b. Enduro Adventures reserves the right to change the variables of the tour, particularly the itinerary and accommodations, if deemed necessary in the sole discretion of Enduro Adventures. In such case, we shall make all reasonable effort to provide the same or similar services for the tour as circumstances allow. 1. a. Participation Restrictions b. In order to be eligible for participation in the tour, Customers must currently hold a valid U.S. or Canadian driver’s license with a proper motorcycle endorsement. Customers who are not resident in the U.S. or Canada and wish to participate in a tour must hold a valid motorcycle drivers license issued in their country of residence. A copy of all licenses must be provided at the time of registration for the tour. c. Customers must wear adequate protective equipment while riding. Customers shall be solely responsible for determining whether his/her protective equipment is adequate for on and off road riding. Enduro Adventures and Tour Guides shall have no obligation to determine the adequacy of cutomer’s protective equipment. d. Helmets must be worn at all times while riding, without exception. e. Customer shall be fully responsible for the flawless mechanical condition of motorcycles that they bring for tour and assure the compliance with all mandatory standards, (ie. Federal Motor Vehicle Safety Standard (FMVSS)), adequate tires, dual sport capable machines. Enduro Adventures and Tour Guides shall have no obligation to verify compliance with these requirements. f. Customer represents that he or she has the necessary riding skills and experience to participate in any tour he or she elects to participate and customer is solely responsible for determining whether his/her riding skills and experience are sufficient to safely accomplish the itinerary of the selected tour. Enduro Adventures and Tour Guides have no obligation to analyze and assess customer’s riding skills before or during said tour nor provide for the riding safety of said customer during the tour. g. h. Infringements of Traffic Laws or Tour Guide Instructions: i. Should the customer negligently or willfully infringe any traffic laws or disavow Tour Guide instructions, Endure Adventures shall be entitled to immediately terminate this agreement, and tour participation. In such an event, tour fees are not refundable. j. k. Liability l. Customer assumes all risks and acknowledges the inherent and potential dangers and hazards inherent in riding motorcycles on or off road on the tour, including customer’s death or great bodily harm, regardless of: (1)the best or reasonable efforts of Enduro Adventures and/or its’ tour guides and staff, (2)the best weather or on or off road conditions, and (3)the customer’s use of the best or state of the art protective equipment and motorcycles. Customer also acknowledges that anytime during a tour there will not be readily available emergency medical or first aid care provided to customer by Enduro Adventure should customer suffer any injury on the tour and customer hereby also assumes said risk. Customer will indemnify and hold Enduro Adventures, its affiliate companies, its applicable employees, agents and partners and their respective officers, directors, shareholders, and agents harmless from any and all demands, claims, suits, liabilities, judgments, penalties, losses, costs, damages, and expenses resulting there from, including death, great bodily harm or property damage, and for reasonable attorney’s fees, for claims or suits made against Endure Adventures or any of its agents, employees, or representatives, arising out of or in conjunction with customers participation in the tour. m. Customer shall sign a separate release of Liability and waiver before the tour. This release shall be supplied to the customer along with confirmation of customer’s tour participation. If customer is unwilling to sign the release, he shall notify Enduro Adventures in writing by certified or registered mail, within 7 days of receipt of said confirmation and may not participate in the tour. If Customer does not give timely notice or does not submit the signed release prior to the beginning of the tour, Enduro Adventures may immediately terminate this agreement. Customer will be reimbursed for the amount of the tour fee, minus the amount of the cancellation fees outlined in this agreement. n. Enduro Adventures, tour guides, and employees are not responsible for any property damage, death or bodily injuries caused by customers. It is recommended and encouraged that customers have additional personal insurance, such as accident, liability and health insurance. o. p. Payment q. A down payment of 40% of Tour fees is required within 14 days of receipt of confirmation of customer’s tour participation. In order to avoid cancellation, the remainder shall be paid four (4) weeks prior to the tour date, at the latest. r. s. Termination and Assignment t. Customer may terminate the agreement anytime prior to the tour date. The following cancellation fees are due upon termination by the customer:
i. 20% of the tour fee if cancelled between the date of this agreement and 8 weeks prior to the tour date. ii. 50% of the tour fee if cancelled between 4 weeks and 8 weeks prior to the tour date. iii. 85% of the tour fee if cancelled 4 weeks or less prior to the tour date or for failure to attend the tour without notice. Customer shall notify Endure Adventures on his cancellation in writing by certified or registered mail. The terms above are based on Enduro Adventures actual receipt of customer’s notification of cancellation. b. Customer may assign this agreement to another customer, only if the assigned customer also meets all of the participation requirements and executes all necessary tour agreements, hold harmless agreements and waivers as set forth in the agreement, and Enduro Adventures is notified thereof in a timely manner. Assignor and new customer shall be jointly responsible for the outstanding payment of the fees or any additional costs arising out of the assignment. c. Cancellation of the tour. d. Enduro Adventures reserves the right to postpone of cancel the tour at any time for good cause which is determined at its sole discretion. In the event that fewer than the specified tour minimum group size sign up for a given tour, Enduro Adventures may cancel the tour up to two weeks prior to the tour date. Customers shall be notified thereof, in writing as soon as practical. e. In case Enduro Adventures decides to postpone or cancel the tour, the customer has the option to either sign up for participation in a similar tour – if reasonably feasible, or to be granted a refund of fee amounts already deposited with Enduro Adventures. f. g. Severability h. If any provision in this agreement is held invalid or unenforceable, in whole or in part, the remainder of the provisions or enforceable parts of this agreement shall not be affected, and shall be enforced to the fullest extent permitted by law. i. j. Governing Law and Arbitration k. This agreement shall be governed by, interpreted under and enforced in accordance with the laws of North Carolina. Any controversy or claim between the parties arising out of or relating to this agreement, which cannot be resolved by mutual agreement, shall be settled by binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Any such arbitration shall be held in Mitchell County, North Carolina.
BY SIGNING THIS AGREEMENT, AND FOR VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, AND FOR MUTUAL PROMISES, I UNDERSTAND THAT I AM GIVING UP, (WAIVING AND RELEASING) ANY RIGHT I MIGHT HAVE TO SUE OR MAKE A CLAIM WHICH I MIGHT HAVE OR WHICH MIGHT SUBSEQUENTLY ARISE OR OCCUR AGAINST ENDURO ADVENTURES, ITS EMPLOYEES, AGENTS AND/OR PARTICIPANTS, OR ITS BOARD OF DIRECTOS, OR ANY LANDOWNERS, THEIR FAMILIES, EMPLOYEES OR TENANT, OVER WHOSE LAND I RIDE, FOR PROPERTY DAMAGES, DEATH OR ANY BODILY INJURIES I MIGHT SUSTAIN WHILE RIDING OR PARTICIPATING IN A TOUR, AND THAT I AM INDEMNIFYING AND HOLDING HARMLESS, ENDURO ADVENTURES, ITS BOARD OF DIRECTORS, MEMBERS AND EMPLOYEES, AND/OR ANY LANDOWNERS, THEIR FAMILIES, EMPLOYEES AND TENANTS, OVER WHOSE LAND I RIDE, FOR ANY PROPERTY DAMAGE AND/OR INJURY OR DEATH TO ANY OTHER PERSONS OR ENTITIES CAUSED IN WHOLE OR IN PART BY ME WHILE SO ENGAGED. IT IS MY INTENT TO GIVE UP THOSE RIGHTS AND PROVIDE THE HOLD HARMLESS AGREEMENT, AND I DO SO KNOWINGLY AND VOLUNTARILY.
CUSTOMER:
Signed:______________________________________ Date:_____________________
Print Name:___________________________________
ENDURO ADVENTURES by:
Signed:______________________________________ Date:_____________________
Print Name:___________________________________
|
