Sawtooth Motorcycle Tours, LLC
Rev_03/02/08
________________________________________________________
TOURING AGREEMENT
This Touring Agreement (“Agreement”) is hereby entered into this __day of ______, 2008, by and between Sawtooth Motorcycle Tours, LLC, an Idaho limited liability company (“Sawtooth”) and the undersigned person (“Client”), as follows:
RECITALS:
A. Sawtooth is engaged in the business of offering guided motorcycle tours on Harley-Davidson® motorcycles to certain National Parks and other scenic destinations in the Western United States, as is further set forth in Sawtooth’s web site: www.sawtoothtours.com. The term “Tour” shall herein refer to any of the guided tours and related events sponsored and services furnished by Sawtooth to its Clients.
B. Client desires to engage Sawtooth for a guided motorcycle Tour as offered by Sawtooth on its website, subject to the following terms and conditions.
NOW THEREFORE, in consideration of the above recitals and of the terms and conditions set forth below, Sawtooth and Client (together referred to as the “Parties’) agree as follows:
1. TOUR:
(a) Selection of specific Tour: Client hereby engages Sawtooth, and Sawtooth agrees to guide Client on the Sawtooth Tour identified as Tour No.____, which is more specifically described in Exhibit “A” attached hereto and made a part hereof.
(b) Tour Inclusions: Unless otherwise indicated in Exhibit “A”, the Tour includes lodging, scheduled attractions, local/State/National Park entrance fees, road tolls, motorcycle gas, daily tour guide, and breakfast, lunch and dinner during the Tour dates while Client remains with Tour group. The Tour dates are determined as the evening prior to the Tour departure date and the evening of the last travel date. The Tour may include lodging on these two nights and a group welcome and departure dinner. Sawtooth will arrange Client pickup at the airport, and hotel check-in the day prior to the tour. In addition to overall guide services, Sawtooth will provide certain materials that will document the overall Tour experience, which may include photo albums, tour maps, and other memorabilia.
(c) Tour Exclusions: Not Included are travel to and from the Tour departure location, costs outside of the specified Tour dates, except as noted above, any alcoholic beverages at any time during the Tour, motorcycle rental, insurance, required repairs on personally owned or rented motorcycles, or any incidentals and other expenses not specifically above included in the Tour. Gas is included only at the Tour group refueling locations. No refunds will be made to Client for any missed meals or lodging during any Tour.
(d) Alterations to Tour Schedule and Route: All Tours operate on a seasonal basis and where seasonal variances and/or weather conditions cause changes of the Tour routing or accommodations, the itinerary will be adjusted accordingly and alternative hotels, restaurants, and roads may be used in the sole discretion of Sawtooth.
(e) Accommodations: Rates are based on single or double room occupancy. Many of the towns on the Tour route are small and offer limited hospitality options. Usually the rooms available offer 2 beds per room. Cost of rooms can be reduced if two riders occupy one room together. Most accommodations are designated as non-smoking. If Client causes Sawtooth to be penalized for damage to a property as a result of smoking or violation of other posted establishment rules for the property occupied by Client en route on the Tour, the Client shall pay all assessments associated with Client actions, and Sawtooth shall not be held financially liable or responsible.
(f) Refunds and Cancellations; Client understands that planning Tours requires months of advance preparation and often-large deposits are required to reserve lodging during high season occupancy. As a result, cancellations can be costly. Reservations for Tours from other customers may have been declined due to space limitations. These business opportunities can be lost permanently upon receipt of a cancellation from a Client currently holding the space. Clients who cancel their Tour reservations will receive refunds as follows: (i) Cancellation more than 60 days before the Tour will result in a refund for the deposit, less a $200 fee per person; (ii) Cancellation less than 60 days but more than 30 days before the Tour will result in a refund of 50% of the Tour deposit; (iii) No refunds will be granted for cancellations made later than 30 days before the Tour date. If Sawtooth cancels a Tour for any reason, all money paid to us will be refunded, or the Client may choose another scheduled Tour. Any refund will be made at the currency exchange rate in effect when the Client first paid the funds to Sawtooth. Sawtooth will not refund other out of pocket expenses such as airline or travel tickets or those expenses not specifically included in the Tour. Sawtooth will not refund any cancellation fees for the motorcycle rental. If Client selects an alternative Tour, any cost difference must be paid or will be refunded. Establishing these written policies will benefit those who purchase various types of Trip Interruption or Cancellation Insurance products. Sawtooth highly recommends that Client purchase appropriate travel insurance to protect against unforeseen circumstances.
2. PAYMENT FOR TOUR:
(a) Advance Payment Of Tour Acknowledged: By Execution of this Agreement, the Parties acknowledge that Client has paid, and Sawtooth has received, the deposit in the sum for the specific Tour set forth in Exhibit “A” and that payment of said initial deposit and final full payment entitles Client to all of the benefits, services, and accommodations of the selected Tour described in Exhibit “A” and referenced in Section 1(b) hereinabove.
(b) Payment For Items Not Included in Tour: Client shall bear the cost of incidental purchases, including, but not limited to, souvenirs, film, alcoholic beverages, and mementos. Client shall pay for any and all motorcycle rental, insurance, required repairs on personally owned or rented motorcycles, or any incidentals and other expenses not specifically above included in the Tour under Section 1(b) hereinabove. As set forth below, Client must contract directly with the rental agency for any motorcycle Client may rent and pay the dealer directly for all vehicle related charges, including applicable loss or damage and liability insurance.
3. PHOTO AND VIDEO MATERIAL:
Photos or videos captured or produced by Sawtooth, or obtained from Clients by Sawtooth, of its Clients or others while on the Tour will become the property of Sawtooth. The Copyrights for such material are held by and rest with Sawtooth. Sawtooth can use all of this material and images for advertising, promotion, sales, public relations, and marketing purposes, including images in which individual Tour members can be recognized, without any charge from the Client to Sawtooth for use of this material and collateral. Client hereby voluntary and permanently consents to use by Sawtooth of such photos, images, videos, and/or recorded voice and releases Sawtooth from any claims or liability regarding such use of such photos, images, videos, and/or recorded voice in any form.
4. MOTORCYCLE RENTALS:
(a) Sawtooth’s Arrangements with Harley-Davison® Dealers: Sawtooth has made arrangements with certain Harley-Davidson® Dealers who rent motorcycles and Sawtooth will provide guidance to Client both when Client books the Tour and up to the time of departure on the Tour. The dealer will have specific requirements concerning the terms and conditions to rent the motorcycle that must be met. Sawtooth will provide complete details regarding motorcycle renting upon Client’s request.
(b) Client Must Make Independent Rental Contract with Harley-Davidson® Dealers: Client must work directly with the Harley-Davidson rental facility to make arrangements for the motorcycle Client wants. The Motorcycle rental contract must be transacted solely between the Client and the Harley-Davison Dealer in advance of the Tour. Upon arrival at the starting destination, the Client may contact the Dealer who will usually have some available rental gear and can provide helmets if needed. It is highly recommended, however, that Client bring his own equipment to assure convenience and comfort while riding. The Dealer does have T-Bags available for rental to properly and securely store your baggage on the bike. Usually, the bike is returned the last day of the Tour. Arrangements can be made with the hotel to store excess baggage during the Tour.
(c) Harley-Davidson® Dealer Requirements: The Harley-Davidson® rental Dealer will require that Client must be at least 21 years of age to rent a motorcycle, and some Dealers require that a renter must be at least 25. Client will need a valid motorcycle endorsement on his driver’s license from his home domicile. It is essential that Client have sufficient skill and experience to handle a large motorcycle in a variety of road and weather conditions and temperatures. The Dealer will ask Client to test ride the motorcycle that Client intends to rent in order to assess Client’s riding skill on that particular motorcycle. Client will need to satisfy the Dealer’s rental manager that Client has sufficient skills to rent the motorcycle. Sawtooth encourages its Clients to take a course offered by the Motorcycle Safety Foundation or other suitable provider if they feel that their skills might need some sharpening. The Motorcycle Safety Foundation can be reached at 800-446-9227 (US) or via the Internet at the Motorcycle Safety Foundation to learn more about their safety courses.
5. VEHICLE OPERATION:
Client may utilize his own Harley-Davidson® motorcycle on the Tour. Should Client utilize his own motorcycle, Client represents that the motorcycle he uses on the Tour, whether owned or rented, will comply with all Local/State/Federal requirements regarding safety and noise compliance. Any Client using his own motorcycle shall submit to Sawtooth a copy of his valid insurance coverage and motorcycle endorsed driver’s license. These documents shall be submitted by email (info@sawtoothtours.com) or U.S mail 5 days prior to the Tour date. Client also represents that he has inspected his motorcycle and accepts complete responsibility for its mechanical condition. Client will make his own selection of the motorcycle he will ride on the Tour, and he represents that he has the ability to manage, ride, and control his motorcycle regardless of size or power selected. Client agrees to periodically inspect his motorcycle in accordance with the manufactures recommendations concerning its safe operation, road-worthiness and suitability for touring. Client agrees to indemnify and hold Sawtooth harmless from any liability for injuries or damages arising out of or from any and all errors in judgment committed by Client in the selection, operation, inspection, condition, or suitability of Client’s motorcycle for the Tour, whether owned or rented.
6. INSURANCE:
(a) Medical and Liability Insurance: Client is responsible for all of Client’s personal insurance needs. The international laws and various state laws are sometimes difficult to navigate. Client must take steps to assure that he has appropriate medical and accident insurance for purposes of the Tour. Sawtooth highly recommends that Client purchase suitable personal liability and trip cancellation or interruption insurance. Client should make sure in advance that, if for any reason Client becomes disabled, he has the means to travel home. Sawtooth will collect Client’s insurance information and emergency contact information at the time Client registers for a Tour. This information will be available to the guides in case of an accident or emergency. The rental dealer will offer different types of insurance on their property.
(b) Travel Insurance: Travel Insurance gives Client options in the event Client has booked a motorcycle vacation and something unforeseen prevents Client from participating in Tour. Unfortunately most firms selling travel insurance in the US will only honor it for US Citizens. Therefore, it is important for Clients to purchase suitable insurance from their home domicile to assure the appropriate coverage they seek for the Tour. Travel Insurance can cover illness, trip cancellation, medical transportation, and other needs. Sawtooth highly recommends that Client identify the appropriate insurance needs for the Tour and that Client purchase the coverage from your local sources. There are several types of Travel Insurance available for US citizens and Sawtooth recommends that Client research this option. See, for example, www.MotorcycleExpress.com.
7. TOUR CONDITIONS:
(a) Safety: Part of the touring experience is the relationships established among Tour participants and with the Sawtooth guides. The safety and physical well being of our Tour participants and staff is of the utmost importance. It is expected that everyone on the Tour will act in a safe and sane manner at all times. If at any time Client believes that motorcycles are being operated in an unsafe manner, or that safety is being compromised, Client will bring his respective concerns to the immediate attention of the Tour leader, so these concerns can be promptly addressed and corrective action taken. Client understands that Sawtooth recommends that protective clothing be worn, such as abrasion resistant clothing, gloves, boots, eye protection, and a DOT approved helmet at all times while operating motorcycle regardless of the specific state legal requirements. However, the decision to wear protective equipment is ultimately and solely Client’s own. Client is responsible for adherence to all state laws regarding the wearing of proper safety equipment. Client agrees that should Client be found operating a motorcycle while under the influence, fail to comply with traffic laws, or the safe requirements for group travel, that CLIENT may be dismissed from the TOUR immediately, without refund or credit of any kind. Sawtooth is not responsible for bail or providing legal assistance in the event of Client’s incarceration.
(b) Weather and Road Conditions: Sawtooth strives to schedule its Tours at a time of the year when the weather in the touring area is usually pleasant and suitable for motorcycling. On occasion, a Tour may pass through areas where weather and road conditions can change rapidly and without warning and Sawtooth may be faced with unfavorable or severe weather or road conditions. Client understands that the Tour will travel on secondary roads through small, rural, or remote towns. Client agrees to indemnify and hold Sawtooth harmless from injury or damages to Client arising out of unpleasant or difficult road and weather conditions. Client declares and warrants that his motorcycle riding skills are suitable for any reasonable road and weather conditions and agrees to carry suitable clothing for inclement hot or cold temperature, and wet or dry conditions. Client acknowledges that Sawtooth will accept no responsibility for delays or modifications made necessary due to weather or road conditions and no refund will be made for such conditions.
(c) Small, Rural, and Remote Tour Locations/ Wild Animals: Client understands the nature of motorcycle touring is adventurous and will often traverse secondary roads and rural towns. Client understands that sophisticated emergency equipment and procedures may not be readily available. In addition, Client acknowledges the danger present on roads as a result of wild, farm, ranch or domestic animals freely roaming. Client agrees to indemnify and hold Sawtooth harmless from injuries or damages accidentally suffered by Client as the result of weather or road conditions or as the result of an encounter with an animal or arising out of an attempt to avoid an animal.
8. UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE:
Client agrees to indemnify and hold Sawtooth harmless for any failure, delay, acts of omission or commission resulting in injury, loss or damage to Client occurring during the Tour, or as a result of the Tour, through the actions of third parties, including, but not limited to, the operators of hotels and restaurants, carriers, and other suppliers and vendors engaged by Sawtooth. This indemnity includes damages or losses due to government action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, Acts of War, Acts of God, or other causes beyond the direct control of Sawtooth.
9. SAWTOOTH’S RESPONSIBILITIES:
Sawtooth will continually refine, modify, adopt, and update its processes to maximize the Client’s experience. Sawtooth reserves the right to modify, without notice to our Client, any tour as required to accommodate operational needs, circumstances beyond Sawtooth’s control, changes in hospitality offerings, road construction, Acts of God, routes or itinerary, or other unknown causes that may occur at the time of the scheduled Tour. If substitutions are made, Sawtooth will strive to assure that they are of an equal or greater quality. If a support vehicle accompanies the Tour, Sawtooth may transport some Client luggage or other personal items in the support vehicle and/or trailer without being held liable for any claims or responsibility for costs or damages related to any loss or damage to said baggage or other personal property other than to provide reasonable care and security for Client’s property. While Sawtooth may assist Client in obtaining accommodations and meals, providing guide services, and assisting in obtaining a rental motorcycle for the Tour, Client understands that Sawtooth has no affiliation with any motorcycle rental, transport, or storage company and assumes no responsibility for services, or lack thereof, provided for motorcycle rental, shipment, or storage. Client understands that the relationship between Sawtooth and Client and between Sawtooth and any and all of the Harley-Davidson Dealers and motorcycle rental agencies is strictly that of an independent contractor and that no agency relationship exists in any of these instances. Client agrees to indemnify and to hold Sawtooth harmless against any and all of Client’s claims, causes for action, or liability of any kind arising from the rental, transport, use, or operation of a motorcycle whether owned or rented by the Client.
10. CLIENT’S RESPONSIBILITIES:
All Clients are required to have a valid motorcycle license with proper endorsements for the motorcycle they have selected to ride on any tour. All Clients are required to have valid liability insurance and be at least 21 years of age. It is the sole responsibility of Client to comply with the requirements set forth in Sections 5 (Vehicle Operation) and Section 7(a) (Safety) hereinabove. Client is duly licensed and declares to have the abilities and skills necessary to operate a motorcycle in a safe and cautious manner. Client accepts full, complete, and personal responsibility for the safe operation of any motorcycle operated while participating on the Tour. Client will not operate any motorcycle, at any time during the Tour, while under the influence of drugs, narcotics, alcohol or other substances, which may impair Client’s ability to operate a motorcycle safely. Client will adhere to all laws and state regulations concerning the proper operation of a motorcycle while engaged on the Tour.
11. WAIVER AND RELEASE:
(a) Acknowledgement of Inherent Risks of Motorcycle Touring: CLIENT hereby represents and acknowledges that he fully understands, has knowledge of, and appreciates the dangers, hazards, and attendant risks associated with riding and operating motorcycles, including the possibility of sustaining sever personal injury, major property damage, injury to others, and death. Client knows of no physical or mental impairments that may affect Client safety, or the safety of others while operating a motorcycle.
(b) Release and waiver: Client understands that Sawtooth, its members, employees, guides, and agents, involved in, or in any manner related to the Tour, are not guardians of Client’s safety, and that Sawtooth or its members or agents, individually or collectively, cannot be held liable in any way, for any occurrence in connection with the operation of, or Client participation in, the Tour arising from Client’s conduct which might result in injury, death or other damage to any person or property. Client hereby for himself, his dependents, heirs and assigns, waives and releases and indemnifies and holds harmless Sawtooth and all its members, agents, guides, staff members and / or employees against any and all claims, causes of action, or any other liability of any kind arising from Client’s voluntary activity of touring by motorcycle.
12. GENERAL INDEMNITY:
CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SAWTOOTH, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LEGAL REPRESENTATIVES FOR ANY EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, PERSONAL INJURY, DAMAGES, OR COSTS CLIENT MAY INCUR ARISING FROM CLAIMS OR CAUSES OF ACTION OR LAWSUITS FILED OR MADE AGAINST SAWTOOTH, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR LEGAL REPRESENTATIVES, RESULTING FROM OR RELATING TO CLIENT’S PARTICIPATION IN THE TOURS, WHETHER ANY SUCH CLAIM OR CAUSE OF ACTION BE BASED ON THE NEGLIGENCE OR FAULT OF OTHER CLIENTS, SAWTOOTH OR OTHERWISE.
CLIENT HAS READ THIS AGREEMENT, AND FULLY UNDERSTANDS THE TERMS, AND UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, HE GIVES UP CERTAIN LEGAL RIGHTS THAT CLIENT MAY OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY OPERATOR’S FAULT.
CLIENT’S SIGNATURE BELOW, AND PAYMENT OF DEPOSIT AND/OR TOUR FEES, CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CLIENT REPRESENTS THAT HE HAS CAREFULLY READ, UNDERSTANDS, AND ACCEPTS SAID TERMS AND CONDITIONS.
13. GENERAL PROVISIONS:
(a) Entire Agreement: This Agreement constitutes the total and complete agreement between the Parties, superseding all other prior agreements concerning the transaction herein described and contemplated.
(b) Assignment: No Party to this Agreement shall be entitled to assign its interest in this Agreement, unless so authorized by written consent of all of the Parties hereto.
(c) Execution of Other Documents: Each of the Parties hereto agrees to execute any other documents reasonably required to fully perform the intent of this Agreement.
(d) Binding Effect: This Agreement shall inure to and be binding upon the Parties hereto, their agents, employees, heirs, personal representatives, successors, and assigns.
(e) No Waiver of Future Breach: The failure of one Party to insist upon strict performance or observance of this Agreement shall not be a waiver of any future breach or of any terms or conditions of this Agreement.
(f) Arbitration: Any controversy, claims, or matter in dispute occurring between these parties and arising out of or relating to this Agreement shall be submitted by either or both of the parities to arbitration administered by the American Arbitration Association or its successor and said arbitration shall be final and absolute. The Commercial Arbitration Rules of the American Arbitration Association shall apply subject to the following modifications:
a. The venue for said arbitration shall be Boise, Idaho, U.S.A., and the laws of the State of Idaho relating to arbitration shall apply to said arbitration.
b. The decision of the arbitration panel may be entered as a judgment in any court of the general jurisdiction in any state of the United States or elsewhere.
(g) Notice: Except as otherwise provided herein, all notices required by this Agreement as well as any other notice to any party hereto shall be given by certified mail (or equivalent), to the respective parties as required under this Agreement or otherwise, to the following addresses indicated below or to any change of address given by a party to the others pursuant to the written notice:
SAWTOOTH: Sawtooth Motorcycle Tours, LLC
PO Box 392,
Eagle, ID, 83616-0392
CLIENT: _________________________________________
_________________________________________
_________________________________________
_________________________________________
(h) Attorney’s Fees: In the event of any litigation arising out of this Agreement, among or between any of the Parties hereto, their heirs, personal representatives, agents, successors or assigns, the prevailing Party or parties shall be entitled to recover costs and attorney’s fees.
(i) Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho, United States of America, which shall govern the rights of the Parties. Idaho shall also be the venue of any litigation or arbitration under this Agreement.
(j) Execution of Multiple Originals: A number of Original counterparts of this Agreement shall be executed by these Parties sufficient to provide one such counterpart to each Party.
(k) Severability: In the event any provision of this Agreement conflicts with the applicable law, such conflicts shall not affect the provisions of this Agreement, which can be given effect without the conflicting provision.
(l) Titles and Captions: All section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor effect the interpretation of this Agreement.
(m) Pronouns and Plurals: All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the person or persons may require.
WHEREFORE, the Parties hereto have executed this Agreement effective the date first above written.
SAWTOOTH: SAWTOOTH MOTORCYCLE TOURS, LLC
By:_______________________________,Managing Member
CLIENT: ____________________________________________________