INTRODUCTION

This Release of Liability (“Agreement”) contains the Terms and Conditions for your rental with Rowdy Rides, LLC. This Agreement is between Rowdy Rides, LLC (“Rider”) and Rowdy Rides (“ROWDY RIDES”) and covers the rental of the Rowdy Rides, LLC Vehicle and any related equipment and accessories (“Bus”) while Rider is on a sightseeing tour (“Tour”).

AGREEMENT

Rental Fees: From the time identified on this Agreement until the Bus is returned Rider agrees to pay hourly rates as agreed upon reservation. The standard charge is 2 hours. Rider agrees to pay all charges for miscellaneous service and all sales, use, rental and excise taxes including any applicable tax-related surcharges. Rider also agrees to pay a reasonable fee for cleaning the Bus if it’s returned with excessive stains, dirt or debris attributable to Rider’s use.

1. Cancellation Policy:

ALL SALES ARE FINAL. Cancellations may be made for up to three (3) weeks prior to reservation to receive a voucher. Cancellations made inside the three (3) week period are NON-refundable. Cancellations caused by Covid-19 shutdowns will receive a voucher, as they will be rescheduled, and are beyond anyone’s control. Tours will be terminated in the event of illegal drug usage or the consumption of alcohol by a minor and are non-refundable.

2. Credit Reserve and Payment by Credit Card Only:

Rider understands that Rider must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bus rental at the rates indicated on the website and confirmed over the phone and via email. ROWDY RIDES only accepts payment by credit card. Rider authorizes ROWDY RIDES to charge Rider’s credit card any amounts due from Rider as a result of the Bus rental.

3. Charges for Loss and/or Damage to the Bus:

Rider understands that all charges are not final and are subject to audit of the returned Bus. Rider specifically agrees and authorizes ROWDY RIDES to make any charges by credit card if there is damage beyond normal wear and tear.

4. Bus Return:

Rider agrees to return the Bus to ROWDY RIDES in the same condition as received, except for ordinary wear and tear. Rider agrees for the Bus to return sooner than the reservation end-time at the discretion of the ROWDY RIDES driver.

5. Prohibited Use of the Bus:

Rider will not possess or use illegal drugs on the Bus. Rider will not possess or use weapons of any kind on the Bus. Possession or use of illegal drugs or weapons by anyone on the Bus will result in immediate termination of the reservation. The driver has the authority to check coats and bags brought onto the bus for such purposes. Rider is additionally prohibited from extending any part of their bodies outside the Bus or to throw any objects from the Bus. A violation of this paragraph automatically terminates the rental and makes Rider liable to ROWDY RIDES for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.

6. Consumption of Alcohol:

Rider acknowledges and agrees that Rider is embarking on a sightseeing tour that does not provide but permits the consumption of alcohol. Rider assumes the risks associated with Tour activities. Rider assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety, and welfare. Rider further understands that he or she will be a member of a group and that Rider will conduct himself or herself in a way that does not endanger Rider or the group. Rider agrees to always exercise ordinary and reasonable care, and not to imbibe alcohol to the extent that Rider’s judgment is impaired. Rider understands and acknowledges that many of the ROWDY RIDES’s activities on the Tour promote the consumption of alcohol. Rider understands the potential risks associated with the consumption of alcohol and acknowledges that Rider does not have or is not aware of any medical condition(s) that would prevent Rider from consuming alcohol or would result in any injury or damage to Rider as a result of the Rider’s consumption of alcohol. Rider acknowledges and agrees that ROWDY RIDES shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Rider’s impaired judgment or negligence. Rider waives any claim which Rider, Rider’s heirs, successors assigns, spouse, family members, or legal representatives may have against ROWDY BUS arising from or as a result of any such accident, injury, theft, loss or damage caused by Rider’s impaired judgment or negligence.

7. Damage to Bus:

Rider will be responsible for any and all damage to the Bus, owned by or hired by ROWDY RIDES, caused by the Rider according to the schedule below:

7.1 Excessive clean up fee - $200

7.2 Vomit, urination, blood, feces, saliva and/or any other bodily or foreign substance - $200

7.3 Rips and/or tears - $200 or replacement cost, whichever is greater

7.4 Any other damage not specifically listed - $200 or replacement cost, whichever is greater

Rider is responsible for any damages or other losses to ROWDY RIDES property resulting from the actions and/or inactions of Rider or other riders during the Tour. Should Rider or other riders violate any of the Rules and Regulations set forth below, Rider agrees by signing to be responsible for payment of all fees assessed as a result of such violation, no refunds will be given, and you will be held responsible for the entire amount of your reservation and your credit card will be charged for any and all damages that occurred during your Tour. ROWDY RIDES driver and the Rider responsible for the rental will walk the Bus once the Bus returns to the final drop off location to assure there are no damages. Damages found will be documented and charged accordingly.

8. Accidents-Third Party Claims:

ROWDY RIDES is not responsible if Rider causes injury to another person or if Rider damages another Bus, vehicle, or personal property of another. Rider agrees to indemnify and defend ROWDY RIDES and pay any claim brought by a third party arising out of Rider’s use of the Bus and for any liability associated with any personal accident/injury as a result of Rider’s use of the Bus.

9. Statement Of Physical And Mental Fitness, Insurance, And Safety:

9.1 I understand that riding the Bus requires certain physical strength and mental cognitive abilities and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.

9.2 I am in sound physical and mental condition and am able to ride the Bus.

9.3 I can make informed, objective decisions.

9.4 I currently have no known physical, medical or mental condition which would impair my ability to ride the Bus, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.

9.5 I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Bus else I understand I must solely bear the costs of such injury or damage and all related costs.

9.6 I am aware that the driver of the Bus is available to answer any questions that I may have as to the proper use of the Bus during the Tour.

10. Rider Assumes Risk of Injury:

Rider assumes all risks, including death or serious bodily injury, which may result from the operation of the Bus, weather, altitude, accidents, etc. Rider acknowledges all the risks of riding or occupying the Bus on streets, roads, paths, and in traffic, including the risks of serious bodily injury or death from falling off the Bus, colliding with other Bus, motorcycles, motor vehicles or other objects, hitting potholes, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bus malfunctions, and hazards relating to weather conditions. Despite knowing all associated risks, Rider freely assumes all risks of personal injury and/or damage in the operation of this Bus and Rider agrees to hold ROWDY RIDES harmless from all claims of injury or damage. Therefore, in consideration for the opportunity to rent a Bus from ROWDY RIDES for a Tour, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with ROWDY RIDES. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of ROWDY RIDES or its officers, employees and agents.

11. Property Left on Bus:

ROWDY RIDES is not responsible for personal property left on the Bus. Rider agrees to indemnify ROWDY RIDESin this regard.

12. Photo Release and Consent:

Rider agrees that ROWDY RIDES mat take photographs or video footage during the Tour for security and/or advertising and/or other lawful purposes. Rider expressly releases and waives any rights they have in such pictures or videos, authorizes ROWDY BUS to use them for any purpose at no cost, and understands and agrees that such pictures or videos will belong to ROWDY RIDES with no right on rider’s part for inspection. Rider expressly releases any demands they have with respect to such pictures and/or videos.

13. Release of Liability, Waiver of Claims and Indemnity Agreement:

Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify ROWDY RIDES, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on ROWDY RIDES behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF ROWDY BUS), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bus rental, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE ROWDY BUS OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM ROWDY RIDES NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against ROWDY BUS, I agree to indemnify ROWDY BUS and pay all damages, costs, fees, expenses and attorney’s fees incurred by ROWDY BUS in defending such a lawsuit or such claims. In no event will ROWDY RIDES liability to a Rider be greater than the amount of the fees paid by the Rider to ROWDY RIDES for the Bus rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will ROWDY RIDES be liable for any indirect, special, implied, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.

EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.

14. Dispute Resolution, Arbitration, and Governing Law:

Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Should ROWDY BUS be found to be the prevailing party, ROWDY RIDES shall be entitled to recover attorney fees and costs. You may not commence against ROWDY RIDES or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in ROWDY RIDES, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ROWDY BUS or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against ROWDY RIDES may be commenced only in the federal or state courts located in Nashville, Tennessee. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and ROWDY RIDES, shall be governed by the laws of the state of Tennessee without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.

ROWDY RIDES, LLC MASTER SERVICES AGREEMENT

OVERVIEW

This Master Services Agreement (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and ROWDY RIDES, LLC, (“ROWDY RIDES,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services. Our Services are comprised of the following:

1. Our Bus tour rentals which are collectively referred to as “Bus”

2. All other related information provided or made available by Us; and

3. Use of Our website, available at www.rowdybus.com (including any versions optimized for viewing on a wireless or tablet device), and/or other services that We make available and that post a link to this Agreement.

This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.

We agree to allow You to rent the Bus, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Services, You acknowledge and accept theROWDY RIDES Privacy Notice as outlined in this Agreement, and consent to the collection and use of Your data in accordance with that Privacy Policy.

AGREEMENT

1. RENTAL AND USE OF BUS

1.1. You are a Rider of the Services: Subject to Section 1.3 below regarding the prohibited use of Bus by minors, You certify and expressly agree that You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You ride the Bus, the Bus must be used by you and accompanying guests who are at least 21 years old.

1.2. You are At Least 21 Years Old: You represent and certify that You are at least 21 years old, and that You have a valid driver’s license to provide us during the period of time you are renting our Bus.

1.3. Minor Use of Bus: Minors are strictly prohibited to enjoy the services of the Bus. Adults at least 21 years old are the only persons allowed on the Bus.

MINORS RIDING ANY BUS IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO RIDE A BUS, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORSEEABLE, AND WHETHER KNOWN OR UNKNOWN.

1.4. You are a Competent Rider: You represent and certify that You are reasonably competent and physically fit to ride any Bus. By choosing to ride any Bus, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining whether conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions, whether caused by the weather or otherwise, make it dangerous to ride any Bus. You are advised to adjust Your riding behavior to suit all conditions and variables, including weather and traffic.

1.5. Bus is the Exclusive Property of ROWDY RIDES: You agree that the Bus, and any ROWDY RIDES equipment attached thereto, at all times, remain the exclusive property of ROWDY RIDES. You must not dismantle, write on, or otherwise modify, repair or deface any Bus, or any part of any of the Bus, or any other ROWDY RIDES equipment in any way. You must not write on, peel, or otherwise modify or deface the Bus in any way. You must not use any Bus for any advertising or commercial purpose without the consent of ROWDY RIDES.

1.6. Compliance with Laws: You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding of the Bus.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WHILE USING THE SERVICES, INCLUDING IMPROPER RIDING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.

1.7. Payment of Fines, Fees and Administrative Fees:

1.7.1. You agree to pay any fines, fees, penalties, court costs, traffic tickets, and/or any other charges incurred by ROWDY RIDES, that result from You riding any Bus improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.

1.7.2. You agree that We may, in Our sole discretion, pay all tickets, citations, fines and/or penalties on Your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.

1.7.3. You authorize Us to bill You directly to the credit card and/or other payment method You used to rent the Bus.

1.7.4. You authorize Us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Us or to Our Bus while it was rented to You.

1.7.5. In the event we use a third party collection and or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.

1.7.6. You agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and/or administrative fees incurred as a result of Your use of Our Services.

1.8. Prohibited Acts: YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:

1.8.1. Ride the Bus performing acts in violation of any laws, rules, regulations, and/or ordinances.

1.8.2. Possess or use illegal drugs and/or weapons while on the Bus.

1.8.3. Extend any part of their bodies outside the Bus or to throw any objects from the Bus

1.8.4. Ride any Bus while under the influence of any drugs, medication, and/or any other substance that may impair Your ability to safely ride any Bus.

1.9. Weight and Cargo Limits: You and other riders must not collectively exceed the maximum weight limit for any Bus (25,000 pounds). You will not carry animals anywhere on any Bus.

1.10. No Tampering: You must not tamper with, attempt to gain unauthorized access to, or otherwise use any Services in a manner that does not comply with this Agreement.

1.11. Assumption of Liability by You: YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.

1.12. You are Responsible for Damages to Bus; Vandalism: You agree to return any Bus to ROWDY RIDES in the same condition in which such Bus was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Bus that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Bus. If You vandalize any Bus, You shall be liable for up to $1,500 for each Bus, in ROWDY RIDES sole and absolute discretion.

1.13. Availability and Usage of Bus: You agree and acknowledge that Bus may not be available at all times. Bus requires periodic maintenance in order to operate. You agree to use and ride any Bus safely and prudently and comply with all restrictions and requirements associated with Bus, as set forth in any all applicable laws, rules, regulations, and/or ordinances.

2. ARBITRATION; CLASS ACTION WAIVER; DISPUTE RESOLUTION.

2.1. Dispute Resolution: Certain portions of this Section 2 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ROWDY RIDES expressly agree and intend that this Section 2 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 2 can only be amended by mutual agreement.

2.2. Informal Resolution of Disputes and Excluded Disputes: If any controversy, allegation, or claim arises out of or relates to the Services, the Content, Your User-Submissions, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of ROWDY RIDES actual or alleged intellectual property rights (an “Excluded Dispute”), then You and ROWDY RIDES agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 2.1. Your notice to us must be sent to: ROWDY BUS1202B Sigler Street, Unit B, Nashville, Davidson County, Tennessee 37203-4317 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, ROWDY RIDES and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or ROWDY RIDES to resolve the Dispute or Excluded Dispute on terms with respect to which You and ROWDY RIDES, in each of our sole discretion, are not comfortable.

2.3. Binding Arbitration: If We cannot resolve a Dispute as set forth in Section 2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND ROWDY BUS (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON A BUS, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between ROWDY BUS and You regarding this Agreement (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. ROWDY BUS and You agree, however, that State or federal law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and ROWDY BUS regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to State’s choice of law principles.

2.4. Applicability of JAMS Rules and Location of Arbitration: A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that You and an officer or legal representative ofROWDY RIDES consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where You are a resident at the time the Dispute is submitted to arbitration. You and ROWDY RIDES will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ROWDY RIDES to pay a greater portion or all of such fees and costs in order for this Section 2 to be enforceable, then ROWDY RIDES will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Agreement or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.

2.5. Arbitrator’s Decision: The Arbitrator will render a written decision within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator’s decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, as long as the Arbitrator includes such an award of attorneys’ fees and costs in the written decision.

2.6. Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR ROWDY RIDES WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR ROWDY BUS MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.

2.7. Injunctive Relief: The foregoing provisions of this Section 2 will not apply to any legal action taken byROWDY RIDES to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Submissions and/orROWDY RIDES intellectual property rights (including those that ROWDY BUS may claim are in dispute), ROWDY RIDES operations, and/or ROWDY RIDES Bus and/or Services.

2.8. No Class Action Matters: YOU AND ROWDY RIDES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 2 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 2, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

2.9. Federal and State Courts in Davidson County, Tennessee: Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising out of or related to this Agreement, any Bus, and/or any of the Services, may only be instituted in state or Federal court in Nashville, Tennessee. Accordingly, You and ROWDY RIDES consent to the exclusive personal jurisdiction and venue of such courts for such matters.

2.10. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either You or ROWDY RIDES may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts of competent jurisdiction.

3. PAYMENT AND FEES.

3.1. Fees: You may use the Bus in accordance with the pricing described in person. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by ROWDY RIDES. ROWDY RIDES will charge Your credit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement.

3.2. Promo Codes: Promo codes (“Discounts”) are one-time offers and can only be redeemed in person. ROWDY BUS reserves the right to modify or cancel Discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

3.3. Maximum Rental Time and Charges: Maximum rental time is 2 hours. You agree that ROWDY BUS will return to its final destination 2 hours after the scheduled rental agreement. Upon availability, You may then rent again at the discretion of ROWDY RIDES.

3.4. Valid Credit Card: You must provide a valid Card number and expiration date before You will be registered to use the Services. You represent and warrant to ROWDY RIDES that You are authorized to use any Cards You furnish to ROWDY RIDES. You authorize ROWDY RIDES to charge the Card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by ROWDY BUS. If You dispute any charge on Your Card account, then You must contact ROWDY BUS within 10 business days from the end of the month with the disputed charge, provide to ROWDY RIDES all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. You agree to immediately inform ROWDY RIDES of all changes relating to Your Card.

4. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.

4.1. Releases: “Claims” means, collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any Bus, equipment or related information, and/or (b) Your use of any of the foregoing. “Released Persons” means, collectively ROWDY RIDES and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by ROWDY RIDES, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.

4.2. Waiver of California Civil Code Section 1542: You expressly agree and acknowledge that You may discover facts or law different from, or in addition to, the facts or law that You know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, You expressly agree and acknowledge that Section 4.1 above shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

5. DISCLAIMERS.

5.1. Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, BUS, OR RELATED EQUIPMENT, ROWDY RIDES AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.2. Services Provided As-Is: ALL OF THE SERVICES, ANY BUS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

5.2.1. the Services (including the Bus, the Content, the equipment rented through the Services, and the User Submissions);

5.2.2. the functions, features, or any other elements on, or made accessible through, the Services;

5.2.3. any instructions offered or referenced at or linked through the Services;

5.2.4. security associated with the transmission of Your User Submissions transmitted to ROWDY BUS via the Services;

5.2.5. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s));

5.2.6. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;

5.2.7. whether any defects to or errors on the Services will be repaired or corrected;

5.2.8. whether Your access to the Services will be uninterrupted;

5.2.9. whether the Services will be available at any particular time or location; and

5.2.10. whether Your use of the Services is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

ROWDY RIDES AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, ANY BUS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, ANY BUS, AND/OR RELATED EQUIPMENT.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, ROWDY RIDES expressly disclaims any and all warranties to the fullest extent permitted by applicable law.

6. LIMITED LIABILITY OF ROWDY RIDES; ASSUMPTION OF RISK BY YOU.

6.1. Limited Liability: YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, ROWDY BUS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, ANY BUS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

6.2. Waiver of Claims: YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF ROWDY RIDES OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

6.3. Maximum Liability to ROWDY RIDES: THE TOTAL LIABILITY OF ROWDY BUS AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $50.

6.4. Assumption of Risk by You: YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, ANY BUS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT ROWDY BUS IS NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, ANY BUS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.

6.4.1. You are always solely and fully responsible for the safe riding of the Bus.

6.4.2. You agree that the Bus is a machine that may malfunction, even if the Bus is properly maintained, and that such malfunction may cause injury.

6.4.3. You agree that riding the Bus involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.

6.4.4. You agree that if Your use of any of the Services, any Bus, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.

7. INDEMNIFICATION.

7.1. Indemnification: You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, any Bus, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Bus) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.

8. TERM AND TERMINATION.

8.1. Term: The term of this Agreement begins when You first use the Services, and the term ends 10 years after You last use the Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after You last use the Services.

8.2. Termination by ROWDY RIDES: At any time and from time to time, and without Your consent, ROWDY RIDES may unilaterally terminate Your right to use the Services, in ROWDY RIDES sole and absolute discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by ROWDY RIDES, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) You may still be charged any applicable fees in accordance with this Agreement.

8.2.1. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.

9. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES.

9.1. Information Kept According to Privacy Policy: All personally identifiable information that is held by ROWDY RIDES and pertains to You, including all names, addresses, phone numbers, email addresses, Card numbers, and/or pass numbers, will be kept by ROWDY RIDES in accordance with our Privacy Policy as outlined in this Agreement, however, that (i) if there is any situation where You are unable to communicate personal information to the appropriate authorities, then ROWDY RIDES may, in Our sole and absolute discretion, provide Your name, address, phone number, and other information to such authorities, (ii) if ROWDY BUS receives a subpoena from any court or other authority, then ROWDY RIDES will provide all requested information in accordance with applicable law, and (iii) ROWDY RIDES may disclose aggregate and other data about You in accordance with applicable law, including, without limitation, general latitude and longitude data for Your addresses (provided this would not allow any individual’s address to be separately identified). In addition, ROWDY RIDES may disclose individual data to a third party upon Your express permission and consent (e.g. enrollment in a study).

9.2. Reservation of Rights: We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

9.3. Privacy Policy: This Privacy Policy governs the manner in which ROWDY RIDES collects, uses, maintains and discloses information collected from users (each, a “User”) of the http://www.rowdybus.com website (“Site”). This privacy policy applies to the Site and all products and services offered by ROWDY RIDES.

9.3.1. We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

9.3.2. We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

9.3.3. Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

9.4.4. ROWDY RIDES may collect and use Users personal information for the following purposes: to improve customer service, personalize user experience, improve our Site, process payments, run a promotion, contest, survey or other Site feature, or to send periodic emails.

9.4.5. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

9.4.6. We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

9.4.7. Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

9.4.8. ROWDY RIDES has the discretion to update this privacy policy at any time. We encourage Users to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

9.4.9. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

10. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED.

10.1. You acknowledge that telephone calls to or from ROWDY RIDES may be monitored and recorded and You agree to such monitoring and recording.

10.2. You verify that any contact information provided to ROWDY BUS, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at (615) 200-0068, emailing info@rowdyrides.com, texting (615) 200-0068 (or by texting STOP to a text message from ROWDY RIDES prior to changing Your number). You agree to indemnify, defend, and hold ROWDY RIDES harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act (“TCPA”).

10.3. By voluntarily providing Your telephone number(s) to ROWDY RIDES, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with ROWDY RIDES. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, information in connection with a Bus rental, equipment updates, promotions, and updated payment information. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase. You may receive marketing calls or text messages even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for calls or text messages by Your telephone carrier and that ROWDY RIDES is not responsible for these charges.

10.4. You agree that ROWDY RIDES may obtain, and You expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by You directly or obtained through other means. You agree to receive automated calls and text messages even if You cancel Your account or terminate Your relationship with us, except if You opt-out. You may opt-out of text messages by replying STOP to any text message. You consent to receive an additional text message confirming Your opt-out request. For help, text HELP. To opt-out of automated telephone calls (but not text messages), call (615) 200-0068 or email info@rowdybus.com. Please allow up to thirty (30) days to process any opt-out request. It is Your sole obligation to notify ROWDY RIDES that You do not want to receive calls or text messages by following the instructions in this Section. You waive any rights to bring claims for unauthorized, unsolicited, or undesired calls or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if You opt out of automated calls/texts, we reserve the right to make non-automated calls/texts to You. Your obligations under this Section shall survive termination of these Terms.

11. ADDITIONAL TERMS OF USE.

11.1. Safety Check: If at any time, whether prior to, during, or after riding any Bus, You discover any defect or notice any other potentially unsafe condition on any Bus, no matter how slight, You must not use the Bus, or, if You are already riding the Bus, You must immediately notify the driver and cease riding when it is safe to do so.

11.1.1. You agree to immediately report the defect or condition to ROWDY RIDES.

11.1.2. If You do not strictly comply with the aforementioned requirements, You shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and You shall indemnify and hold harmless ROWDY RIDES for the same.

11.4. Routes: You agree that ROWDY RIDES may or may not provide or maintain places to ride the Bus, and that ROWDY RIDES does not guarantee that there will always be a safe place to ride any particular Bus. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of ROWDY RIDES control. ROWDY RIDES shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using ROWDY RIDES Services and/or Bus.

11.5. Limitations on Rental . You agree that ROWDY RIDES is not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually. ROWDY RIDES provides the Services and Bus only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to ride the Bus on their own and who have agreed to all terms and conditions of this Agreement.

11.6. Limitation on Availability of Services: ROWDY RIDES makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent ROWDY BUS from providing the Services. Access to the Services is also conditioned on the availability of Bus. ROWDY BUS does not represent or warrant the availability of any Services or the availability of any Bus at any time. You agree that ROWDY RIDES may require You to return the Bus at any time.

11.7. License to Image and Likeness: For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to ROWDY RIDES and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to ROWDY RIDES and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as ROWDY BUS may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge ROWDY RIDES and all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

RIDER EXECUTION

BY SIGNING BELOW, I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE; AND, I AFFIRM THAT I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THE USER AGREEMENT & TERMS OF SERVICE AND THE RELEASE OF LIABILITY THEREBY ASSUMING ANY RISK AND LIABILITY RESULTING FROM THE USE AND OCCUPANCY OF THE ROWDY BUS AND INDEMNIFYING ROWDY RIDES, LLC FROM ANY DAMAGES THEREFROM.

Today's date: May 18, 2024