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EAGLERIDER Terms & Conditions

Off-Road Tours Terms and Conditions

1. RENTER ACKNOWLEDGEMENT:

The Renter acknowledges that off-road driving and ATV/UTV riding are inherently dangerous. The Renter acknowledges that there may be jarring forces and sudden stops, which could harm pregnant mothers and individuals with pre-existing medical conditions. By executing this agreement, Renter accepts the same and agrees to waive all liability, release, and hold harmless J.C. Bromac Corporation dba “EAGLERIDER.”

2. AUTHORIZED RENTER/DRIVER (Age & License):

The Renter must be 18 or older with a valid government-issued ID. The Renter agrees not to allow any persons not identified herein as registered drivers and are a signatory to this agreement to operate the Vehicle. Signatory drivers must be a minimum of 18 years of age for ATV/UTVs. The Renter is always fully liable, regardless of the Vehicle’s driver. All Renters must be at least 56 inches tall.

3.USE & OPERATION, GENERAL:

The Renter agrees to use the Vehicle by all the rules and regulations set forth within this agreement and to abide by all federal, state, and local laws relating to the use of said Vehicle. Renter agrees not to use, or permit the use of, the Vehicle for any unlawful purpose nor in violation of any law, not to drive recklessly, nor drive the Vehicle while under the influence of liquor, narcotics, or illicit substances and assumes entire liability regarding the same for all signatories to this agreement.

4. RENTER’S DRIVING ABILITY:

The Renter acknowledges that the EAGLERIDER has no knowledge as to the Renter’s experience, skill, or abilities and that it is the express responsibility of the renter/driver/rider to evaluate the terrain and to proceed on the tour only if they feel they possess the prerequisite skills and abilities to do so. The Renter acknowledges that they can stop at any time and will stop at any time and wait for the guide to assist them should they doubt that they possess the ability to proceed.

5. RENTAL COST & FEES:

The Renter agrees to the rental rate and terms stated in this agreement, including security deposit requirements and damages if/when applicable.

6. ADDITIONAL DRIVERS:

As a promotional item, additional drivers are permitted at no extra charge, and EAGLERIDER reserves the right to change this at any time. All bookings made with this promotion will be honored. The minimum age for an additional driver is 18, and a valid license is required. All additional drivers must be identified before completing the rental Contract, as they must also sign the rental agreement. All additional drivers and passengers must be at least 56 inches tall.

7. RESERVATION AND DEPOSIT:

For reservations under $500, all charges must be paid for at the time of booking. Reservations over $500 are eligible to pay a minimum deposit of 20% at the time of booking. All remaining balances must be paid in full within 30 days from the day that your reservation starts (pick-up date) and are collected automatically on the dates listed on the checkout page. For a group booking paid by one credit or debit card, EAGLERIDER will charge the remaining group balance to the card used for payment at the time of booking.

If you would like to pay the remaining balance earlier or with a different payment method, please get in touch with us and make arrangements before the remaining balance due date. By clicking “Book Reservation” at checkout, you permit EagleRider to charge your card(s) 30 days before the pick-up date. You also authorize EAGLERIDER to re-initiate any charge(s) to your card(s) that is dishonored for any reason. If EAGLERIDER does not receive the remaining balance before 30 days before the pick-up date, then EAGLERIDER reserves the right to cancel the tour reservation and charge a cancellation fee.

8. CANCELLATION AND REFUNDS:

A reservation may be canceled up to 5 or more days before the pick-up date with no charge. 50% of the total booking will be charged the cancellation fee if the booking is canceled between 5 and 2 days from pick-up time. 100% of the booking will be charged the cancellation fee if the booking is canceled within two days from pick-up time or if the customer does not show up. Refunds, if applicable, will be issued in the form of store credit that can be redeemed within one year from the date it was issued.

Please note: A $25 admin fee will be applied to a modified reservation between 5 and 2 days before pick-up time and is subject to availability. Store credits can only be used at locations within the same country as the original booking.

9. STORE CREDITS:

Store credits owned by an individual may only be used for reservations booked by and for that specific individual. Store Credits can be used once per payment (So once during booking and multiple during subsequent payments). Store Credits expire one year after the issuing date. Store credits can only be applied at locations within the same country as the original booking.

10. INSPECTION/DAMAGE:

The Renter acknowledges that they have, and will continue to, carefully examine the Vehicle and find it suitable for the purpose for which it was rented. Any pre-existing damages must be identified and marked on the attached checklist by the Renter before leaving the rental site, and it is further agreed that if the damage is not so identified, then there is no damage at the time of rental inception. Renter is responsible for and agrees to pay EAGLERIDER the fair market value for replacing and repairing damage to the Vehicle at EAGLERIDER’s discretion, including compensation for the loss of use, claim administration fees, diminished value, towing, storage or impound fees, and costs incurred by EAGLERIDER to recover the Vehicle and to establish damages, regardless of fault or negligence of the Renter or any person, regardless if damages are the result of an act of God. Do not accept the Vehicle or any other equipment if any defect may result in an expense or hazardous condition.

11. SECURITY DEPOSIT:

The Renter shall deposit with EAGLERIDER a security deposit for the Vehicle, over and above the rental payment, in an amount to be set by EAGLERIDER. EAGLERIDER shall refund the security deposit to the Renter upon satisfactory completion of the Contract, contingent upon the Renter fully complying with all Contract terms and the fact that the Vehicle has not incurred any damages. Should the Renter fail to comply with any of the terms, EAGLERIDER may apply the deposit to payment of the costs and expenses, including attorney’s fees, incurred by EAGLERIDER as a result of the default: should said costs exceed the amount of the deposit, Renter remains liable for and agrees to pay the balance of said costs. The security deposit does not release the Renter from the obligation to make rental payments or any obligations assumed by the Renter.

IF AN EAGLERIDER REPRESENTATIVE SUSPECTS THAT DAMAGE TO THE VEHICLE HAS OCCURRED, ANY AND ALL DEPOSITS SHALL BE RETAINED BY EAGLERIDER UNTIL A DETERMINATION OF SAID DAMAGE CAN BE MADE.

IN THE EVENT OF CATASTROPHIC DAMAGE TO THE ATV/UTV THAT IS ATTRIBUTABLE TO THE RENTER, EAGLERIDER SHALL IMMEDIATELY WITHDRAW AN ADDITIONAL DEPOSIT OF $2000, WHICH SHALL BE HELD UNDER THE TERMS OF THIS AGREEMENT.

IF DAMAGE IS ATTRIBUTABLE TO THE RENTER, AND SAID DAMAGE EXCEEDS THE AMOUNT OF THE EXISTING DEPOSIT(S). THE RENTER WILL IMMEDIATELY FORWARD THE BALANCE DUE FOR SAID DAMAGE TO EAGLERIDER. FURTHER, THE RENTER, AT THIS MOMENT, AUTHORIZES EAGLERIDER TO CHARGE SAID ADDITIONAL COSTS IN CASH OR TO THE CREDIT CARD THAT THE RENTER UTILIZED TO SATISFY THE PRIOR OBLIGATIONS OF THIS CONTRACT.

12. RESTRICTED AREAS:

The Renter agrees not to operate the Vehicle (s) a) on any vegetation nor near any wildlife; b) riding is not allowed in any known/or identified archaeological or paleontological sites. Further, it is a violation of law to disturb or remove any artifacts/cultural items.

13. TRAFFIC LAWS AND SPEED LIMIT:

The Renter acknowledges that the speed limit is 25 MPH. The speed limits on the trails must be kept reasonable. The renter/driver is responsible for operating the Vehicle within’ his/her/their abilities. RENTER AGREES TO RIDE AT HIS/HER/THEIR SKILL LEVEL AND NOT TO PUSH HIS/HER/THEIR LIMIT. Careless or unlawful riding leads to accidents. The Renter agrees to drive only at a safe speed for the driving situation/location. The Renter acknowledges that off-road driving and ATV/UTV riding are inherently dangerous activities. If the Renter does not comply with traffic laws or the guides’ directions, EAGLERIDER may cancel the contract, and the rental UTV will be secured.

14. FORFEITURE:

The Renter will lose driving privileges and forfeit the remaining or entire driving time, AND FORFEIT THE ENTIRE SECURITY DEPOSIT if any of the following circumstances occur, there will be no exceptions or negotiating regarding these items: (a) driving in restricted areas or off trail; (b) failing to follow the EAGLERIDER guide(s) and their instructions; (c) rolling or tipping the Vehicle (It is not easy to roll or tip the Vehicle (s) and such only occurs if you are driving carelessly and not paying attention, which will result in liability as was listed in Paragraph 8 above); (d) dangerous riding, speeding, wheelies and/or jumping the Vehicle; (e) consuming alcoholic or intoxicating beverages, narcotics, drugs, or other illicit substances prior or during the tour or driving under the influence thereof; (f) driving too closely to another vehicle, which results in a “rear end” collision (Renter acknowledges that the space necessary between two vehicles depends entirely on the circumstances present during the tour and agrees to maintain a reasonable distance between the Vehicle they are operating and the Vehicle in front of them); (g) wearing sandals or open toed shoes.

15. DRIFTS/DROP OFFS:

The Renter agrees to watch for drifts, sand bowls, boulders, trees, shrubs, other foliage, rocks, and cliffs; drop-offs can range from inches up to eighty (80’) feet. When in doubt, play it safe and choose a path you know you can traverse at a safe speed for your ability level. Never stray off of the guided route.

16. GUIDED EXCURSIONS:

Because variations in elevation can be extreme in an off-road environment (see above DRIFTS/DROP OFFS in Paragraph 12), all EAGLERIDER Off-Road tours require that Renter follows a guide. Taking a different path than the guide on these tours is not permitted and dramatically increases the likelihood of Vehicle damage and personal injury. While following the EAGLERIDER guide lessens the chance of vehicle damage or injury, it does not absolve the Renter of their responsibility to drive safely or any liabilities. Should you be unsure of how your guide went, STOP; at no time, attempt to look for the guide, as this makes it more difficult to locate you. IF YOU ARE LOST – STOP WHERE YOU ARE BEFORE YOU BECOME BOTH LOST AND FAR AWAY, and wait for the guide to come back and find you. We can easily retrace a path to get back to you in minutes but can only guess which direction you drove off if you continue to go after losing contact with your guide.

17. OPERATION:

The Renter agrees to periodically examine the Vehicle, including tires, and maintain safe, dependable condition while the Vehicle is within his/her/their custody, and that if any defect is discovered, they will immediately obtain instructions from EAGLERIDER.

18. VEHICLE FEATURES/RULES:

All riders must wear helmets and eye protection. All riders must always maintain both hands and feet on the Vehicle. The car has a gas lever, brake pedal, and a hand break on the left handlebar. The Vehicle is an automatic with high, low, and reverse gears.

19. COURTESY:

Renters/drivers must be constantly alert for and watch out for other drivers and vehicles. Always give right of way to others; do not cut off or in front of other drivers; do not tailgate other drivers or ride too close to a rider directly in front of you for the circumstances or conditions. Do not pass other vehicles during a tour.

20. AVAILABILITY:

If reserved, EAGLERIDER’s ability to provide a vehicle is contingent upon the absence of accidents and other causes beyond EAGLERIDER’s control. EAGLERIDER reserves the right to reject any renter without cause.

21. UTV SUBSTITUTION:

EAGLERIDER reserves the right to substitute the UTV confirmed to the Renter. Should EAGLERIDER not be able to provide confirmed UTV, a similar or better model will be provided to the Renter. This constitutes the maximum liability of EAGLERIDER. The UTV pictured on the website is an example, and colors may be different.

22. TOUR CANCELLATION:

In the rare event of a tour cancellation, EAGLERIDER will notify all tour participants immediately. EAGLERIDER will offer the tour later on the same day or the next available one. If the customer cannot participate in such a tour, EAGLERIDER will fully refund the payment, constituting the entire settlement. EAGLERIDER is not liable for any additional costs or losses incurred by the tour participant due to EAGLERIDER’s cancellation of the tour. Your total tour price will be refunded in the form of a store credit if the tour is canceled.

23. FORCE MAJEURE:

EAGLERIDER shall not be liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and any other cause beyond its reasonable control.

24. RESPONSIBILITY AND TOUR COMPLETION:

EAGLERIDER is responsible for providing the services listed according to the services described in the tour or rental pricing quotation. EAGLERIDER is not responsible or liable for (1) any delay or cancellation of a flight that causes you to miss any portion of the trip or rental; (2) any defect in or failure of any vehicle, craft, equipment, or service of any travel supplier; or (3) any wrongful or negligent acts or omissions on the part of any other party not under the control of EAGLERIDER. Furthermore, it is agreed and understood that neither owners, operators, agents, EAGLERIDER, nor any party involved in EAGLERIDER Off-Road Guided tours or rentals are the guardians of any customer’s safety. They, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or customer’s participation in a tour or rental which might result in injury, death or other damage to the customer, his/her property, or his/her family, heirs, or assigns.

25. TOUR GUIDES:

Your Tour Guides are there to ensure you have a safe and exceptional time and will do their best to ensure every participant gets the most out of your EAGLERIDER Off-Road tour experience. All riders must listen carefully to the Tour Guide’s safety and travel instructions before and during the tour to help ensure the best possible group riding conditions.

26. WAIVER COVERAGE:

All Damage Waivers are subject to the express terms and conditions of the rental contract and do not include coverage for injury, personal property, or damage as the result of negligence such as illegal use or use of rental while under the influence of drugs/alcohol or going off the designated trail.

27. INSURANCE:

EAGLERIDER recommends that you take out adequate travel, health, accident, and trip cancellation insurance. EAGLERIDER currently offers Damage Waivers.

28. TOUR INCLUSIONS:

Helmets are provided with an off-road tour. All helmets have a positive pressure airflow design, providing a more pleasurable riding experience by reducing dust and increasing airflow. The helmets are also equipped with a communication system. Damage resulting from negligent usage will be the customer’s responsibility.

Each off-road unit has an intercom and radio that allows communication in the Vehicle and with the other Vehicles on the tour.

Fuel costs are included. However, EAGLERIDER reserves the right to charge an additional fee if fuel costs significantly exceed the average price per gallon at the time of printing.

29. RELEASE AND WAIVER:

Every Renter in an EAGLERIDER Off-Road Tour must accept and sign an Off-Road Tour Agreement and Liability Release Waiver before the Guided Tour begins. EAGLERIDER cannot accept a tour participant without these signed forms. Our agents can provide a copy of these forms upon request.

30. LIABILITY/RESPONSIBILITY:

RENTER ACKNOWLEDGES that off-road driving and ATV/UTV riding are inherently dangerous. By executing this agreement, Renter acknowledges the same and agrees to waive all liability, release, and hold harmless EAGLERIDER. The Renter’s use of the Vehicle will be at his/her/their own risk; thus, they assume the liabilities of injury to third persons. EAGLERIDER does not provide bodily injury or property damage liability insurance or coverage to the Renter or any other operator or user for physical damage to the Renter, operator, user, passengers, or any third party. Renter agrees to defend and indemnify EAGLERIDER from any claims, liabilities, costs, and expenses arising from the Renter or other operator’s use, operation, or possession of the rented Vehicle. The Renter further acknowledges that he/she remains fully responsible for any liability to injured parties and all property damages caused to and by the rental Vehicle. Renter further agrees to hold EAGLERIDER harmless should damage occur to any of Renter’s personal property while carried in or on the Vehicle, including loss or damages caused by fire, water, theft, and physical damage. Renter further agrees to indemnify and hold harmless EAGLERIDER from and against any claims for loss or damage to property or injury to persons (including death and permanent disability) resulting through the use, operation, or possession of the Vehicle.

31. ACCIDENTS:

All accidents must be immediately reported to EAGLERIDER. All accidents involving injury and third parties must be registered under Nevada Law. Any subsequent process, pleading, or paper relating to any claims, suits, and proceedings must be delivered to EAGLERIDER’s office. The Renter shall not aid any claimant but shall cooperate fully with EAGLERIDER in all manner connected with any claims or suits.

32. NEVADA LAW:

This agreement is to be governed by and construed under the laws of the State of Nevada. The proper venue of any action hereunder shall be in the County of Clark. It is expressly agreed that the Renter is not the agent, servant, or employee of the EAGLERIDER in any manner whatsoever. It is further agreed that all rights and liabilities arising out of this Contract shall be determined by the laws of the State of Nevada.

33. ARBITRATION:

Any disputes arising from the Renter’s use, operation, or driving of the Vehicle with EAGLERIDER shall be addressed with binding arbitration and shall not be permitted in the District Court of the State of Nevada or the Nevada Federal District Court.

34. BINDING TERMS/CONDITIONS:

This agreement is binding on and will inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Renter acknowledges that he/she enters into this Contract with a complete understanding of all terms and conditions, and this agreement contains the entire understanding between BEST ATV Tours Las Vegas, LLC and Renter, and no other representations and inducements, verbal or written, have been made which are not set forth herein.