Tour Agreement and Liability Release

MOTOVERMONT, LLC

TOUR TERMS AND CONDITIONS

These MOTOVERMONT, LLC Tour Terms and Conditions set out the general relationship between you, the person or persons booking a MOTOVERMONT, LLC Tour (“Tour”) and who will be further referred to as “I/We” or “Rider”, “Co-Rider” or “Passenger”, any guests you may bring along on the Tour or any of your motorcycle passengers and Us, MOTOVERMONT, LLC (herein after, “MVT”). By booking a Tour, you agree to be bound by these Terms and Conditions. They outline, among other things, our cancellation policy and certain limitations of liability. These terms affect your rights to sue MVT so please be sure to carefully read these terms so that you understand your rights and obligations and our rights and obligations. NOTE THAT THESE TERMS AND CONDITIONS ARE ALSO SUBJECT TO AND MADE PART OF THE MOTOVERMONT, LLC MOTORCYCLE RENTAL AGREEMENT TERMS AND CONDITIONS.

A. Inherent Risk of Motorcycle Touring

I/We hereby represent and acknowledge that I/We are fully knowledgeable of the danger and hazards associated with riding motorcycles, including the possibility of incurring severe personal injury, major property damage and even death. The driver of the motorcycle is duly licensed and possesses the abilities and skills necessary to operate a motorcycle in a safe and cautious manner.

I/We, our dependents, heirs and assigns hereby release and hold harmless MVT and any staff members of the MVT against any and all claims, causes of action, or any other liability of any kind arising from our activity of touring by motorcycle. I/We know of no physical or mental impairment that may affect my/our safety or the safety of any of my/our passenger or others.

I/WE MUST (EACH) READ, AGREE TO, AND SIGN A COPY OF THE ATTACHED RELEASE OF LIABILITY AND WAIVER OF RIGHTS.

B. Safety

I/We will be responsible for compliance with all state laws, including those regarding use of helmets and other safety equipment. I/We will adhere to all safety requirements and if renting a motorcycle from MVT follow all instructions of the Motorcycle Rental Agency. I/We acknowledge that MVT REQUIRES the wearing of a helmet, gloves, boots and eye protection, and strongly urges the use of other safety equipment, such as abrasion resistant clothing regardless of the law. Further, I/We certify that I/We will not at any time during my Self-Guided Tour or Rental operate a motorcycle under the influence of alcohol, narcotics, or other substances which may impair my ability to operate a motorcycle safely. My/our Tour may be canceled and/or my Rental terminated immediately, without refund or credit of any kind if I/We am found to be operating a motorcycle or other vehicle while under the influence of any such substance. I/We take full responsibility for any legal difficulties I/We may encounter as a result of any illegal actions or detainment by authorities.

C. Unforeseen Circumstances and Force Majeure

I/We agree to hold MVT harmless for any failure, delay, acts of omission or commission and any resulting loss or damage occurring during the Tour, or as a result of the Tour, through the actions of third parties, including, but not limited to, the operators of hotels and restaurants, carriers, and other suppliers and vendors engaged by MVT. This includes damage or loss due to governmental action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, acts of War, acts of God, or other causes beyond the direct control of MVT.

D. Reservations and Payments

A nonrefundable deposit equal to one half (1/2) of the total Tour cost per person ) is required to secure your reservation must accompany your reservation to hold your position on the Tour. Payment of your deposit indicates your acceptance of these terms and conditions. All prices are in US dollars. We accept MasterCard, Visa, AMEX, Discover and Electronic Funds Transfer for all Reservation Deposits or final payments. Final payment for all trips must be made in full to MVT at least twenty one (21) days prior to departure. Reservations will be canceled if final payment is not received by the due date and cancellation charges may apply. Tour prices stated are per person and based on double occupancy.

E. Changes in Plans

For any changes you make to your reservation that affect destination, departure date or program extensions, cancellation charges or applicable fees may be imposed by hotels All changes are subject to availability and cannot be guaranteed.

F. Cancellations and Refunds

If you must cancel your reservation, you must do so in writing. If you cancel within twenty one (21) days of the tour start date, you are responsible for 100% of the cost of the tour package and/or rental you reserved. If you cancel more than twenty one (21) days in advance of the tour start date, you will not be responsible for the remaining balance of your reservation.

MVT does not offer refunds or credits.

MVT reserves the right to cancel or change any tour in accordance with operating requirements or circumstances. If unforeseen circumstances beyond our control make changes necessary, we reserve the right to alter itineraries, travel routes, hotels, and restaurants as required. Should cancellation or change be necessary, MVT will offer you the choice of an alternative tour date or a full refund. MVT is not responsible for any other travel arrangements affected by our cancellation or changes.

H. Rental Refunds

If you must cancel your RENTAL reservation for a tour, you must do so in writing. If you cancel within twenty one (21) days of the tour start date, you are responsible for 100% of the cost of the rental you reserved. If you cancel your rental more than twenty one (21) days in advance of the tour start date, the cost of the rental will be deducted from your tour package balance.

I. Our Responsibilities

MVT and its agents and associates act only as agents for the traveler and can accept no responsibility for the service of any other tour operator, accommodation, restaurant, carrier or related third parties used in connection with these tours, nor any liability for claims, damages, expenses or other financial loss to persons or property. However, MVT and its owners and agents shall not be responsible for, and shall not accept liability for any claims, damages, losses, costs or expenses arising from: (a) Personal injury, disease, sickness, or death, however caused, while engaged on or by reason of your participation on any MVT tour whether due to maintenance, use, operation or control of any motorcycle, automobile, hotel, airline or other common carrier used in conjunction with the tour.

(b) Loss or damage to luggage or other property. We recommend you purchase travel insurance covering loss, damage or theft of luggage and personal belongings. (c) Delay, failure or loss resulting during a MVT tour due to the actions of hotel operators, airlines, common carriers, other third party suppliers, or due to government action, mechanical breakdown, weather, labor disputes, terrorism, acts of war, acts of God, or any other causes beyond MVT's direct control.

The responsibility of MVT and its affiliated companies is strictly limited. The Suppliers providing travel services for MVT’s tour programs (other than MOTOVERMONT, LLC motorcycle rentals) are independent contractors and are not agents or employees of MVT. As such, MVT is not responsible for any negligent or willful act or failure to act of any third party Supplier or of any other third parties.

I. Applicable Law

The laws of the State of Vermont shall govern this relationship. Any claims against MVT must be brought in the Federal or State Courts located in the State of Vermont, to the exclusion of the Courts of any other state and country.

RELEASE OF LIABILITY AND WAIVER OF RIGHTS

BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MOTOVERMONT, LLC, A VERMONT LIMITED LIABILITY COMPANY ("MVT").

Activity: Motorcycle Tour

I desire to participate in the activity described above (the "Activity"), including, without limitation, to drive or be a passenger in any motorcycle or vehicle, whether the motorcycle or vehicle is owned by MVT, me, or any other party, or otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. In consideration of being permitted to participate in the Activity and in recognition of the MVT's reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver"), including all the Covenants and Agreements listed in this Release and Waiver ("Covenants and Agreements").

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between MVT and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction).

I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.

I represent and warrant that if I plan to participate in the Activity with my personal motorcycle, my personal motorcycle is in good condition and fit for participation in the Activity, including off-road Activity, my personal motorcycle has been maintained in accordance with the manufacturer's recommendations, I have had the engine, suspension, and brakes of my personal motorcycle checked within the previous three months by a duly-licensed professional mechanic, my insurance policy meets Applicable Law relating to automobile/motorcycle insurance minimum coverage requirements for bodily injury, death, and property damage, and I will provide MVT with proof of valid insurance and registration upon request.

I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.

I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF MVT IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, TO DRIVE ANY MOTORCYCLE OR VEHICLE PROVIDED BY ME, MVT, OR OTHER PARTIES.

COVENANTS AND AGREEMENTS

I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:

ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the roads/trails, equipment, including a rented GPS unit, or vehicles. I may be exposed to a variety of unique riding conditions, including: excessively curvy, tight, and technical mountain roads, the possibility of sand, gravel, or debris on the pavement, and potentially various forms of precipitation. I may encounter other riding conditions and roads that I have not traveled before, and have no prior knowledge of. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
RELEASE FROM LIABILITY. I fully and forever release and discharge MVT and its respective affiliates, members, managers, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as "MVT") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of MVT. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other actions that Applicable Law does not permit to be released by agreement.
INDEMNITY. I will defend, indemnify, hold harmless, and reimburse MVT from and for all damages, losses, costs, or expenses (including legal fees) incurred by MVT or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse MVT if anyone makes a claim against MVT in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against MVT, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold MVT responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of MVT.
MEDICAL EXPENSES. I hereby consent to receive medical treatment that may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity. I understand that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless MVT from any claim based on such treatment or other medical services.
REPRESENTATIONS. I am over 18 years of age and I have a valid driver's license with a motorcycle endorsement that was issued to me more than one year ago. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a Motorcycle or otherwise participate in the Activity. I have never been refused automobile insurance coverage or had special conditions imposed. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
COVENANTS. I will follow any and all instructions, recommendations, and cautions of MVT at all times during the Activity, including, without limitation, in respect of my operation of any motorcycle or vehicle at the Activity or other participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all motorcycles and vehicles at the Activity in a safe manner and will observe all traffic laws. I will not operate or be a passenger in any motorcycle or vehicle at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair my ability to operate or ride in a vehicle.
PUBLICITY. I hereby grant MVT, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MVT.

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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