Terms & Conditions

 

TERMS & CONDITIONS for JoyRides Tours Inc. (CA Corporation No.: 3712304)



These terms and conditions (the “Terms and Conditions”) govern all purchases and sales of tours, travel, services and products between JoyRides Tours Inc., 2400 Kettner Blvd B#101, San Diego, CA 92101, a California corporation (entity number: 3 712304), hereafter referred to as “JoyRides” "We" or "Us", and Customer, hereafter referred to as “You” or ‘Your”.  These Terms and Conditions, along with Your order, confirmed by a written order confirmation and/or specified invoice and payment plan, constitute the entire contract between You and JoyRides.  By placing an order with JoyRides through our website www.joyridestours.com (also referred to as “Web Shop”) You agree to be bound by these Terms and Conditions as well as the terms and conditions of JoyRides AS, Explorify AS/AB/INC and all companies’ partners that will be used to deliver the services and products included in Your order.  These Terms and Conditions affect Your legal rights and obligations.  If You do not agree to be bound by the Terms and Conditions, do not place an order with JoyRides on its website, www.joyridestours.com.

Our “Guided Tours”, “Self-drive Tours”, “Custom Tours” and “Rentals”, all have specific terms and conditions covered under separate sections in Terms and Conditions.  No agent, employee or representative of JoyRides is authorized to waive our Terms and Conditions, or requirements stipulated by the laws and regulations under which the Joyrides operates.

These Terms and Conditions and other information on www.joyridestours.com are only available in Norwegian and English.  We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time without notice.  It is Your responsibility to review the most current version of our Terms and Conditions on our website www.joyridestours.com before placing Your order.  Any changes to the Terms and Conditions will be effective as of the time of posting on our website and will apply to any order placed from the date of posting forward.  We store information about the version of the Terms and Conditions that applies to Your order.  While we strive to ensure that all information on our website is updated and accurate, JoyRides disclaims any liability for any loss, direct or indirect, arising from the use of, or reliance on, such information.

All tours and services provided by JoyRides are subject to changes in travel dates and times.  Customers will be notified about all changes in tour dates and times via the e-mail address given in the reservation, or phone number added to the reservation.  Thus, it is Your responsibility to ensure that You provide Us with Your most current email address and phone number.  It is also Your responsibility to “whitewash” our e-mail address info@joyridestours.com from your spam filter, since it will be used to send you all necessary info regarding your order. Since departure dates and flight times change on occasion, You should check Your departure/return flight between 24 and 72 hours before departure.
 


GENERAL TERMS

To make a purchase on www.joyridestours.com you must be 21 years old, have at least one year of driving experience on a heavy motorcycle or car, as applicable, a driver's license valid for the operation of the subject vehicle and a credit card from a major card company (Visa, MasterCard, Diners, American Express, etc.).

By placing an order on www.joyridestours.com, You accept our Terms and Conditions, and declare that You have a valid driver’s license (including an international driver’s license if applicable) authorizing you to operate the vehicle you are renting for the entire rental period.  JoyRides shall not be liable for losses resulting from the Rental Agency’s (vehicle owner’s) refusal to approve/accept your driver’s license.  You covenant and declare that you carry appropriate levels of travel and medical insurance coverage for the entire rental period. You also convenant and declare that you are responsible for obtaining all necessary travel documents, including visas (eg, Esta for the United States) and passports that apply to travel in all countries you want to contact and/or stay in during your travel and/or any related travel.

Consumer purchases are regulated by Consumer law, Marketing law, the Personal Data Act, E-Commerce Act, Credit Act and the Package Tour Law. Your purchase is protected by the Travel Warranty Regulatee in the country where you reside as a citizen; Norwegian purchases by Reisegarantifondet, Sweden by Kammarkollegiet, Denmark by Rejsegarantifonden, etc.

Where these Terms and Conditions require authorization in writing, that requirement is fulfilled when such authorization in conveyed via email or other digital media.

 

1. Parties’ Contact Information


Vendor: JoyRides Tours Inc., 2400 Kettner Blvd B#101, San Diego, CA 92101, Phone: +1 (310)956-6321, Email: info@joyridestours.com.

 

Customer: The person(s) identified as the customer on the order is/are responsible for providing correct personalia, valid email addresses and telephone numbers, and whitewash Our e-mail address.

 
2. Reservations and Purchases on Our Website: www.joyridestours.com

Reservations can be made by:

            Tel: +1 (310) 956-6321 (US), +47-41661010 (N), and +46-705-208-220 (S)

            Email: info@joyridestours.com

            Internet: www.joyridestours.com

 

To ensure a safe and secure customer experience when ordering/shopping on our Web Shop, we have developed the following process:

* Choose your package tour, self-drive tour, vehicle rental, road trip, custom tour, service or product
* Place your order

* Go to Check-out

* Choose method of payment

* Pay your order
* Order confirmation & Payment receipt (will be sent you)
* User Registration


Most of our tours are ticketless.  When booking a tour, rental, product or service, You must provide Your email address and (mobile) phone number. It is important that Your contact information is accurate and up-to-date as it is our only way to get in contact with You and notify You of any important changes to Your order.


3.1 Responsibility, Order and Contract Process

Your order becomes binding when the order is registered in our Web Shop on our server (and Your order does not deviate from the terms offered on our Web shop) and We issue written confirmation of Your order.  Read the order confirmation carefully when You receive it to ensure that the confirmation is in compliance with your order. Please keep the confirmation for Your records.

If our order confirmation includes terms not stated in Your order or otherwise set forth on our Web Shop, you should consider our confirmation a new offer which You may decline or accept.  If you want to accept this offer, so indicate by return email.  If the new terms proposed are not acceptable to You, please also so indicate by return email. In that instance we will make every effort to satisfy the terms of Your original order, which again, must be confirmed by JoyRides in writing.

Remember that Your user name with Us is the email address you provided when ordering.

NB: it is Your responsibility to submit your name exactly as it is written/registered in your passport; all names and letters included and in the correct sequence. We normally purchase airline tickets for your travel 7-9 months before the departure date of your tour purchase, based on the info you have provided in your booking. You will be responsible for any costs related to changes of your airline tickets because you did/have not submitted your complete personalia info exactly as it is written in your passport.
 

3.2 Guided/Package Tours Include:

- Car or motorcycle rental, standard model (unlimited mileage, vehicle insurance required by law, all taxes, one-way fee and surcharges are included – if not otherwise specified).

- VIP motorcycle insurance, see Section 3.12

-  Helmet rental (open half helmet)

-  Accommodation in shared double room (2 persons) at 3+ star motels, according to tour program

-  Pick-up and transport between motel and motorcycle rental location

-  First choice of car/motorcycle

-  Professional tour leader in front of cortege

-  Support vehicle with additional/local guide, luggage, trailer, spare bike, first aid, tools and equipment

-  Gasoline and oil for guided driving (only for motorcycle)

-  T-shirt and 300 pictures from the tour

 

* Special rates and conditions apply for tours with Trikes and/or car

 

Not Included:

-  Travel and cancellation insurance

-  Airfare round trip from main national airport in Your country of residence (e.g. Oslo, Stockholm, Copenhagen, Helsinki, etc.)

-  Vehicle (car or mc) & insurance upgrade (rates vary according to choice of vehicle)

-  Optional/Additional and tour specific attractions (e.g. Helicopter tour & Imax movie in Grand Canyon)

-  Entrance to attractions (e.g. USS Midway, Alcatraz), national parks and clubs/bars

-  Food and beverages

-  Custom pick-up or drop-off of vehicle


3.3 Self-drive Tours Include:

- Car or motorcycle rental, standard model (unlimited mileage, vehicle insurance required by law, all taxes, one-way fee and surcharges are included – if not otherwise specified).

- VIP motorcycle insurance, see Section 3.12

-  Helmet rental (open half helmet)

-  Accommodation in shared double room (2 persons) at 3+ star motels, according to tour program

-  Pick-up & transport between motel and motorcycle rental location (within 5 km of rental location)

-  First choice of car/motorcycle-    

 

Not Included:

-  Travel and cancellation insurance

-  Airfare round trip from main national airport in Your country of residence (e.g. Oslo, Stockholm, Copenhagen, Helsinki, etc.)

-  Vehicle (car or mc) & insurance upgrade (rates vary according to choice of vehicle)

-  Professional tour leader in front of cortege

-  Support vehicle with additional guide, luggage trailer, spare bike, first aid, tools, equipment and drinks

-  Gasoline and oil for guided driving

-  T-shirt and pictures from the tour

-  Additional and tour specific attractions (e.g. Helicopter tour or Imax movie Grand Canyon)

-  Entrance to attractions (e.g. USS Midway, Alcatraz), national parks and clubs/bars

-  Food and beverages

-  Custom pick-up or drop-off of vehicle


3.4 Vehicle Rentals

- Car or motorcycle rental, rates vary according to model choice (unlimited mileage, vehicle insurance required by law, all taxes, one-way fee and surcharges are included – if not otherwise specified).

- VIP motorcycle insurance, see Section 3.12

-  Helmet rental (open half helmet)

-  Pick-up & transport between motel and motorcycle rental location (within 5 km of rental location)

-  First choice of car/motorcycle

-  Custom pick-up or drop-off of vehicle may be scheduled, additional charge may apply

 

Not Included:

-  Travel and cancellation insurance

-  Vehicle (car or mc) & insurance upgrade (rates vary according to choice of vehicle)


3.5 Payment

Payment of Your purchase can be made using a major credit card or by bank wire transfer payment. When Your booking is confirmed, Your card account will be charged as provided below, or, if paying by wire transfer, payment is due on the schedule provided below.  If Your credit card company rejects the subject charges, We reserve the right to cancel Your order.

 

  • Deposit USD 300 - per traveler shall be paid within two days of confirming your order on our web site (ref. sect 2).

 

  • The first installment in the amount of 50% of the remaining total purchase price (“First Installment”) shall be paid no later than 100 days before departure.

 

  • The second installment in the amount of the full remaining total (approx. 50%) outstanding purchase price (“Second Installment”) shall be paid no later than 45 days before departure.

 

  • If You order additional products or services after Your payment of the second installment, You will receive an additional payment or invoice for this order.

 

  • A transaction fee will be added to your payment, which varies depending on the payment form You choose, e.g. the bank transaction fee is $40 per order (by invoice payment) and the credit card fee is 1.99% of your total purchase price.

 

Payment by Wire Transfer

All wire transfer fees are to be paid by customer.

  • Company Name: JoyRides Tours Inc.
  • Bank Name: Chase Bank
  • Bank Address: 1415 India St, San Diego, CA 92101
  • ACH Routing Number: 322271627
  • Account Number: 907677843
  • SWIFT/Bic Code: CHASUS33

Please send a payment notification email to info@joyridestours.com to ensure proper application of funds before or at the time of payment.

A transaction fee will be added to your payment, which varies depending on the payment form You choose, e.g., invoice fee is $40 per invoice and credit card fee is 1.99% of your total purchase price.

NB: Please note that we will not send You receipts or payment confirmation for wire transfer payments, but we will update Your booking/account. You will be notified if we are missing payments from You according to the specified payment plan,

 

3.6 Cancellation and No-show

Deposit of USD 300- is non-refundable. The deposit covers administration costs, fees and expenses associated with the fulfillment of Your booking (airfare, vehicles, accommodations, attractions, etc.).
In case of illness where You obtain a doctor’s verification, Your travel insurance may cover non-refundable fees (less any applicable deductible).

For tours, travel and rentals which are cancelled by You no later than 100 days prior to departure date, the First Installment will be refunded (if already paid) and the obligation to pay the Second Installment will be waived.

For tours, travel and rentals which are cancelled by You between 99 and 46 days before the departure date, only the Second Installment will be refunded (if already paid), or we will waive your obligation for payment thereof.  The first installment will be forfeited.

For tours, travel and rentals which are cancelled by You 45 days or later before the departure date, You are obliged to pay the total sum according to Your order confirmation.  

We strongly recommend that You obtain travel and cancellation insurance, which may cover Your loss in case of unexpected cancellations.

If the full amount of Your order is not paid 45 days before departure, Your trip is considered as not paid and Your order will be cancelled and removed from our systems.  Any amount already paid will not be refunded.

In any case of cancellation by You, if We have already purchased Your airfare, normally 6-9 months before departure date, USD 935 per traveler will be deducted from Your refund to cover these costs.


3.7  Customer’s Acknowledgement

By ordering one of our tours, travel and/or rentals, You acknowledge that You understand that riding or driving a motorized vehicle (e.g. motorcycle or car) involves risks, and that everyone travels, drives or rides at their own risk and that the organizers and their partners cannot be sued or otherwise held liable for any accident, loss or damage during the associated travel or tour.  You also expressly accept and submit to JoyRides’  Participant Statement and Release Form. See Section 13. JoyRides cannot accept tour participants or travelers who do not fully comply with our rental vehicle provider’s “Rental Agreement” and/or JoyRides “Participant Statement and Release Form”.

 

3.8 Rental of Vehicles and Deposit

It will be specified in Your order confirmation whether rental vehicles are included in Your tour package. JoyRides rental partners will make available the vehicle class you have booked, but the model may vary. JoyRides reserves the right to provide a substitute vehicle for the one which is confirmed in Your order. This may be necessary due to unexpected and/or unpredictable events. In such case, JoyRides Tours will provide an equivalent or better model than the one that is requested in Your order.

When You pick up your vehicle a security deposit must be paid or reserved on your credit card before You get the vehicle assigned for Your order.  The amount of the deposit will vary depending on the insurance coverage you choose, but will normally be in the range of $500 to $2,000 (per vehicle).  Deposits will be refunded and/or released in full provided that you return the vehicle undamaged.

 

One-way fees for rental cars: if You are renting a car which will be returned on a different location than You picked-up the car, a one-way fee will apply (sum charged will vary dependent on location & distance). Due to the car rental agency’s terms, we will unfortunately not be able to pre-pay this fee (which is included in your rental price from Us). Thus, when renting a car, please make sure you bring a credit card which holds a minimum of $1.000, to cover your payment of the one-way fee, which must be paid when picking up your vehicle. Once you give Us a copy of the receipt, we will immediately refund the amount to your bank account/card.


3.9 Changes in Tour Programs and Cancellations

Tours are organized on a seasonal basis and where seasonal variances and/or weather conditions require changes in the tour routes and accommodations, the itinerary will be adjusted accordingly with alternate hotels, restaurants and roads being selected.  

Within 60 days of Your departure date, You run the risk that the travel dates you have booked in Your order will be moved up to 1-2 weeks forward or backwards, depending on availability of airline tickets, vehicles or accomodation.  Further, in the event there are an insufficient number of bookings for Your tour to make it economically feasible, JoyRides reserves the right to cancel, reschedule or merge Your tour with another scheduled tour. In the event of such action, if you are unable to participate based on the new tour dates, Your order will be regarded as cancelled, in which event You will be refunded any installment payments and deposits made. 

Final dates for all tours will normally be available by the end of March/April of the same year of Your travel.  When we obtain final information on travel dates, time schedules and flight numbers for tours, this information will be forwarded to all participants.  Therefore, We strongly recommend You do not book any connecting flights before the flight schedule to the U.S. or other countries is determined.      Any bookings or accommodations that You make before the travel schedule for Your tour is finalized are at Your own risk. Furthermore, We are not liable for any delays, re-bookings and/or cancellations of flights.

 

3.10 Policies concerning Airfare

Our main policy is that all products and/or services are sold without air fare, which however, can be purchased as an additional product for a service fee. If you order us to purchase airline tickets for you, our main policy is that all flights depart to/from the main national airport of the country where You reside. Airfare from/to local airports can normally be booked for an extra fee.

If You are in a group of at least 20 persons who want to depart together from another destination, You will be defined as a specific group. In such instances, We may be able to arrange flights for Your group from other destinations. If You so wish, You need to appoint a group leader responsible for providing Us the necessary information no later than six months prior to departure.

NB: Please note that we normally do not book larger groups on the same flight, but divide these into 2-4 smaller groups, which fly independent routes (with separate flight schedules). You will normally depart & return from/to Your destination on approximately the same times.


3.11 Baggage

Luggage is limited to one medium-sized suitcase/bag and a travel bag/backpack (carry-on) per person (20-22 kg, 44-48 lbs), depending on the airline serving the tour You have ordered. JoyRides takes no responsibility for any loss, damage or delay regarding the delivery of luggage to travelers. Obtaining Insurance for Your luggage is recommended.


3.12 Vehicle Insurance & Waiver Coverage

All Theft and Damage Waivers and Supplemental Liability Insurance options are subject to the specified 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 or alcohol.  A Police Report is required for all accidents resulting in damage or injury. All damage to a rented motorcycle or car without a police report will be considered to be the responsibility of the Renter.

All mc rentals have VIP insurance included. Specified below are the upgrade options:

 

VIP Insurance

Theft : $2000 deductible

Damage: $2000 deductible

Security Deposit: $500

Coverage Included: VIP Only

Insurance rate: Included

 

EVIP Insurance

Theft : $1000 deductible

Damage: $1000 deductible

Security Deposit: $300

Coverage Included: EVIP Only

Insurance rate:$3/DAY

 

EVIP ZERO Insurance

Theft : $1000 deductible

Damage: $0 deductible

Security Deposit: $100

Coverage Included: EVIP Zero Only

Insurance rate:$13/DAY

 

3.13 Personal & Medical Insurance

To participate on our tours You must have valid travel and/or medical insurance.
Because of the risks associated with motorized vehicle driving, we recommend that You buy adequate travel, health and accident insurance with extended coverage for Your tour, as well as Trip Cancellation Insurance.  And remember: Always carry the insurance card with You.

All claims should be directed to Your individual insurance companies, not to JoyRides.


3.14 Proof of Identity

Your order at JoyRides is personal and cannot be transferred to another person.  On request, You must be able to present a valid Photo ID.  You are also responsible for obtaining all required travel documents, including visas and passports, and to follow all laws, regulations and other regulatory provisions related to travel in all countries with which you have contact during your tour and any related travel. JoyRides is not liable for the consequences to travelers who have failed to obtain such necessary documents or visas or to comply with such rules, laws and regulations.

JoyRides Tours reserves the right to refuse to take on customers who, on demand, cannot produce a valid Photo ID or necessary travel documents such as passport or visa.

If children under 18 years old will be travelling with adults other than their parents/guardians, please note that certain destinations require written parental consent.  For further information, You can contact the embassy of the country concerned.


3.15 Tour Guides

Your Tour Guides are there to assist You while on tour and will do their best to ensure that every participant gets the most out of their JoyRides tour experience.  It is extremely important for all riders to listen carefully to the Tour Guide’s safety and travel instructions to help ensure the best possible group riding conditions. Should You desire to travel independently of the group for any length of time, the Tour Guides may be able to assist You in planning a suitable route.


3.16 Weather Conditions

JoyRides strives to schedule its tours at a time of the year when the weather in the touring area is typically pleasant for motorcycling. Many tours pass through areas where weather conditions can change very rapidly. JoyRides cannot be held liable for unpleasant and/or unsuitable weather conditions, and no refunds shall be granted due to such conditions.


3.17 Alcohol & Drugs

JoyRides follows a strict “No alcohol and/or drug policy” during the driving parts of our tours. Furthermore, we encourage responsible drinking when participants are not driving, to ensure you have no alcohol or drugs in your system while driving. When participating in one of our tours You accept that tour leaders have the right to demand You submit to performing a breathalyzer and/or drug test before riding.  Furthermore, if You test positive, tour leaders have the right to exclude you from driving with the tour group to ensure Your own safety and the safety of others.  In such instances, You will be informed of where to later meet up with the tour group.


3.18 Failure to Comply with Traffic Rules and JoyRides’ Rules and Regulations

Anyone participating in our tours must accept that the tour guide has the authority to exclude participants who are a danger to themselves or others.  If You do not follow the traffic rules and/or JoyRides’ rules and regulations, We have the right to cancel Your tour and secure the vehicle You have rented, and You have no rights to claim compensation for this.


3.19 Helmet (included)

Helmets are provided with motorcycle rentals and tours.  Customers are encouraged to bring their own helmets to ensure comfort and proper fit. In addition, helmets may be purchased at many locations where the bikes are rented.


3.20 Storage

For mc tour/rental customers, JoyRides will provide storage for additional luggage at the pick-up location while on tour. JoyRides is not responsible for lost or stolen items.


3.21 Fuel & Oil

Fuel and oil costs are included on all Guided Tour riding days.  However, JoyRides reserves the right to charge an additional fee if fuel costs significantly exceed the average price per gallon at time of order confirmation.


3.22 Special Needs

If You have any special needs/requests regarding Your travel, please contact JoyRides’ customer service, Tel.: +1-(310) 956-6321 (U.S.) or +47 970 87 000 (Nordic), to book your tour so that Joyrides can accommodate Your specific needs.


4. Information Provided on the Web Shop

We strive to provide our customers with as accurate information about our tours, travel services and products as possible.  We do, however, disclaim any typographical or technical errors in text, prices and images that may occur, which may result in a situation where we cannot deliver according to the information available on our Web Shop, advertisements, marketing or otherwise.


5. Pricing

Prices include all taxes and fees. The total cost of Your purchase will appear on your order confirmation, subject to the below provisions.

See Sections 3.2, 3.3 and 3.4 for the specifics of what is included in each travel or tour package.
Price adjustments may occur due to changes in currency exchange rates or increases in airfare, taxes, fees or prices in the country where Your tour or travel service will take place.  We reserve the right to increase the price of your travel or tour package up to a maximum of 10% at any time prior to departure based on market changes.


6. Late Fees

Payments not made when due will accrue interest at the rate of 1.5% per month, or at the maximum applicable legal rate, if different.


7. Delivery and Changes

The travel, services and products will be delivered in the manner, at the place and at the time specified in your order confirmation, subject to any changes as specified in Section 3.9 above.

 

8. Examination of Products

After you receive any products included in Your tour package, you should, as soon as possible, but no later than three business days after delivery, inspect the products to determine that they conform  with the order confirmation, or if the products have been damaged during transport or are otherwise defective.


9. Your Rights with Respect to Non-conforming Products

If the products delivered do not materially conform with Your order confirmation or are otherwise defective, You may be entitled to a repair of the defect, a price reduction or product replacement, and JoyRides, if responsible as provided below, will in its sole discretion determine which remedy to provide. JoyRides is responsible for remedying defective or non-conforming products to the extent such defect or non-conformity is attributable to JoyRides, and such products are returned to JoyRides in suitable packaging and only to the extent JoyRides, in its sole discretion, confirms the existence of the alleged defects or non-compliance.  In the event JoyRides determines that the returned products are neither defective nor non-conforming, JoyRides is entitled to charge the customer any costs which JoyRides incurs on account of the unfounded allegations of defect or non-conformance by the customer. The liability, if any, of JoyRides for damages arising from defective or non-conforming products is limited to an amount not exceeding the purchase price attributable to the specific product.

Customer shall submit any complaint in writing to JoyRides as soon as any defect or non-conformity has been observed or should have been observed, but in no event later than 15 days after the product has been delivered to the customer.  In the event the time limit allowed for complaints passes, the customer’s right to hold JoyRides liable because of the defect or non-conformity shall lapse.

We will confirm receipt of all complaints. We will also confirm receipt of the goods returned to us or our customer center for inspection or repair.


10. Withdraw

The right of cancellation does not apply to fixed-term/dates benefits, such as tours and travel. For conditions regarding cancellation, see section 3.6 and 3.9.


11. Personal Information

We collect, process and use only the personal information You provide to Us which is necessary for us to fulfil our obligations to You.  In cases where we process personal information for other purposes, for example, to send you details of special offers, this is done only when you have agreed to it.
Before you agree, you will be informed what information is used and by whom.

We reserve the right to run a credit check on You to determine Your credit worthiness.  You authorize Us to run a credit check and You agree to provide us with such information as is necessary to do so, including Your passport number, CPR, CVR or Social Security number, or equivalent and date of birth to verify that our customers are over 18 years, and that those who shall participate as vehicle drivers are above 21 years of age.

Your personal information will only be disclosed to others when:

* You have consented to such disclosure, or

* When it is necessary for Us to fulfill our agreement to You, or

* When required by law.

If You have questions about personal data relating to You, or wish to exercise Your right to block or  delete such data under the Personal Data Act, please contact Us via mail info@joyridestours.com.


12. Disputes

The parties shall attempt to resolve any disputes amicably.

Provided the Parties are not able to agree upon an amicable settlement within a reasonable time and no later than thirty (30) calendar days after initiation of settlement discussions, the dispute, controversy or claim arising out of or in relation to these Terms and Conditions, and including disputes regarding the validity of this Article concerning venue, shall be resolved through the procedures of the American Arbitration Association (the “AAA”).  The place of Arbitration shall be within San Diego County, California, unless the parties mutually agree otherwise.  Provided the dispute in question amounts to Two Hundred and Fifty Thousand US Dollars (US $250,000) or less, the Arbitration Panel shall consist of one (1) arbitrator.  Provided the dispute in question exceeds Two Hundred and Fifty Thousand US Dollars (US $250,000), the Arbitration Panel shall consist of three (3) arbitrators.  The Arbitration Panel shall award the prevailing Party compensation for reasonable attorneys’ fees and costs.  In agreeing to this arbitration provision, the Parties understand and acknowledge, and willingly agree, that they are waiving any right they may have to a court or jury trial.  Despite the arbitration procedure agreed upon above, the Parties shall not be precluded from seeking preliminary injunctions or other equitable relief via the appropriate judicial authority, where warranted.

Claims that are statutorily barred from being resolved by arbitration shall be resolved by the California Court in San Diego County having venue over the dispute.  The prevailing Party shall be entitled to reasonable attorney’s fees and costs.

 

13. Participant Statement and Release Form
 

I ACKNOWLEDGE THAT BY CONFIRMING A PURCHASE TO JOYRIDES, I AM RELEASING JOYRIDES TOURS INC. (“JOYRIDES”) AND ITS RESPECTIVE AGENTS, OFFICERS, EMPLOYEES, MEMBERS, SPONSORS, PROMOTERS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO JOYRIDES A/S, EXPLORIFY AS/AB/INC (COLLECTIVELY “RELEASEES”) FROM LIABILITY.  THIS PARTICIPANT STATEMENT AND RELEASE FORM IS A CONTRACT WITH LEGAL CONSEQUENCES.  I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE CONFIRMING.

In consideration of the Releasees’ acceptance of my application for participation in the above tour (the “Tour”), I hereby freely agree to and make the following contractual representations and agreements:

I acknowledge that the operation of cars and motorcycles is an inherently dangerous activity and fully realize the dangers of participating in a “car & motorcycle tour” and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation, the following: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, THE RELEASEES’ OWN NEGLIGENCE, and weather conditions; and the possibility of serious physical and/or mental trauma or injury associated with such activities.

For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest  (collectively “Successors”) I HEREBY WAIVE,  RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE NOT TO SUE AND AGREE TO INDEMNIFY, the Releasees, Eagle Rider, Inc., Harley-Davidson Motor Cycles, Inc., H-D Michigan, Inc., Harley-Davidson Europe Ltd., as well as any other sponsors of this Tour, the organizer and any promoting organizations, property owners, law enforcement agencies, all public entities, special districts and properties, and their respective agents, officials, and employees through or by which the Tour will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY and all rights and CLAIMS, INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly and indirectly in connection with the Tour, or arising out of or in connection with the use of the Harley-Davidson Motorcycles or other motor vehicles provided for the Tour or arising out of my participation in, or association with, the Tour, or travel to or return from the Tour.

I agree is it my sole responsibility to be familiar with the Releasee’s rules, and any special regulations for the Tour.  I understand and agree that situations may arise during the Tour which may be beyond the immediate control of Tour officials or organizers, and I must ride so as to neither endanger myself or others.  I agree to abide by the directions/rules given by the organizers of the Tour as well as the speed limits and all other traffic laws and regulations applicable in each country/state visited during my participation in the Tour.  I certify I will wear personal protective equipment (including, but not limited to a helmet) while operating a motorcycle during the Tour, which equipment is or may be required by the laws of the country/state in which my participation occurs.  I assume all responsibility and liability for the selection, condition and adequacy of my equipment.  I have no physical or medical condition which, to my knowledge, would endanger myself or others if I participate in the Tour, or would interfere with my ability to participate in the Tour.

I certify that I will hold a valid heavyweight motorcycle operator’s license as required by the laws of each country in which my participation occurs, or that I will only ride as a passenger with a driver that holds the appropriate license as described above.

I will hold and maintain adequate medical, motorcycle/car and travel insurance valid for each country visited during my participation in the Tour, and I will produce evidence of such insurance to JoyRides prior to commencing the Tour.

I understand that my right to participate in the Tour may be revoked without refund if I am in violation of the rules set forth above, or I act  or conduct myself in an unsafe manner, or any manner disruptive to the operation of the Tour.

I grant to JoyRides the absolute and irrevocable right and unrestricted license to use any photographs that they have taken or may take of me or in which I may be included with others during the Tour, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if they so choose. I release and discharge JoyRides from any and all claims and demands that may arise out of or in connection with the use of the photographs. I grant to JoyRides unrestricted permission to exchange personal information such as my name, address etc. with Harley-Davidson Europe Ltd.

I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence.  This agreement may not be modified orally, and a waiver of any provisions shall not be construed as a modification of any other provision herein or as a consent to any other provision herein or as a consent to any subsequent waiver or modification.

Every term and provision of this agreement is intended to be severable.  If any one or more item is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.

I hereby certify that I have read this Participant Statement and Release Form in its entirety.  Confirming my purchase to JoyRides indicates that I fully understand it and agree to its contents.