T E R M S
EARTH ENERGY TOURS LLC
WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Services limited to 18+ years of age with photo I.D.
For and in consideration of Earth Energy Tours LLC allowing me, the undersigned, to participate in any capacity (including as a rider, passenger, driver, sponsor, or volunteer) in an Earth Energy Tours LLC sanctioned, licensed, or approved event or activity, including but not limited to UTV rentals and guided tours and related or incidental activities including harsh, rough conditions, rough impact and other terrain travel in a motorized vehicle provided by Earth Energy Tours LLC and; I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors,, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
A. RULES AND REGULATIONS: I hereby agree that I have read, understand, and agree to be bound by all applicable Earth Energy Tours, LLC, rules, and policies including those listed in the Terms and Conditions, Cancellation Policy, and Liability Waiver document I signed which references this Liability Waiver, also any instructions by Earth Energy Tours LLC staff and any other policies made known to me by Earth Energy Tours LLC.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of UTV rentals and guided tours and related or incidental activities including harsh, rough conditions and other terrain travel in a motorized vehicle is inherently dangerous, and that participation in any UTV rental or guided tours and related or incidental activities including harsh, rough conditions and other terrain travel in a motorized vehicle involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property arising out of exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of Earth Energy Tours LLC; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
C. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or the actions or inactions of others, and others participating in the Earth Energy Tours LLC Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any Earth Energy Tours LLC Events. I also agree to be responsible for any injury or damage caused by me, my dependents, my employees or contractors under my direction and control at any Earth Energy Tours LLC Event.
D. WAIVER AND RELEASE OF LIABILITY, HOLD HARMLESS, AND INDEMNITY: In conjunction with my participation in any Earth Energy Tours LLC Event, I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: Earth Energy Tours LLC, Event participants, Earth Energy Tours LLC's owners, employees, staff, agents, volunteers, and officers, the promoters, sponsors, or advertisers of any Earth Energy Tours LLC Event; any charity or other beneficiary which may benefit from the Earth Energy Tours LLC Event; the owners, managers, or lessors of any facilities or premises where an Earth Energy Tours LLC Event may be held; and all directors, officers, employees, staff, agents, contractors, and volunteers of any of the aforementioned parties (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Earth Energy Tours LLC Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. GOVERNING LAW. This Agreement shall be governed by the laws of North Carolina, without regard to North Carolina’s conflict of choice of law provisions. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of North Carolina there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this agreement and not affect the validity and enforceability of any other provisions.
E. COMPLETE AGREEMENT AND SEVERABILITY: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
F. FIRST AID AND MEDICAL EMERGENCY TREATMENT AGREEMENT: I recognize that there may be occasions where I and/or my dependent(s) may be in need of first aid or emergency medical treatment as a result of accident, illness, or other health conditions or injury. I do hereby consent and give permission for the Earth Energy Tours owners, employees, agents, volunteers, and officers to provide me and/or my dependent(s) with medical assistance and/or treatment and I agree to be financially responsible for the cost of such assistance and/or treatment. I also agree to save and hold harmless and indemnify each and all Earth Energy Tours parties herein referred to above as releasees from all liability, loss, cost, claim, or damage whatsoever, including death or damage to property, which may be imposed upon said releasees because of any defect in or lack of such capacity to so act or caused or alleged to be caused in whole or in part by the negligence of the releasees. I have read the above waiver / release and understand that I / we have given up substantial rights by signing this release and sign below voluntarily for Earth Energy Tours LLC owners, managers, or lessors of any facilities or premises where an Earth Energy Tours LLC Event may be held; and all directors, officers, employees, staff, agents, contractors, and volunteers of any of the aforementioned parties (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Earth Energy Tours LLC Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
G. MEDIA RELEASE: I give permission for Earth Energy Tours LLC to take photographs and/or video of me and my family and publish with or without my name for any lawful purpose, including print and/or electronically, photograph and/or video content captured during events.
H. SPEED UTV SEAT SPECIFICATIONS: All riders must meet UTV seat safety specifications for weight (100 lbs to 225 lbs) and height (5’2” to 6’2”). If you wear clothing outside of standard sizes (small, medium, large, X-large, XX-large), you should consider visiting a UTV retailer or schedule a visit at one of our tour locations to verify you fit in the UTV standard seat before booking a tour. The race style seating wraps around to help the 5-point safety harness secure your body. The seats are size-specific for safety. If you have scheduled a tour and your body is within the manufacturers seat specifications but cannot be secured safely in the seat due to non-typical body type, we will offer a full refund with an apology. Safety First! We recommend sitting in a UTV seat before booking a tour if your body type may be considered non-typical. If verified on-site at the tour location that you do not meet the manufacturer’s height (5’2” to 6’2”) and weight (100 lbs to 225 lbs) safety specifications and you do not fit safely in the seat, your scheduled tour will be cancelled without refund. Larger seats are not currently available.
I. CANCELLATION POLICY: We know life happens. Earth Energy Tours Cancellation Policy is designed to reduce the amount of costly and time-consuming schedule changes for Earth Energy Tours while providing incentives to our customers to reschedule. All cancellation requests must be sent via email to EarthEnergyTours@gmail.com for refunds and 10% discount code, if applicable.
J. GOVERNING LAW: This Agreement shall be governed by the laws of North Carolina, without regard to North Carolina’s conflict of choice of law provisions. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of North Carolina there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
All Earth Energy Tours accommodate a maximum of 3 riders per UTV. A minimum of 2 riders is required per UTV. Solo riders must select a tour with 1 spot remaining / available. Earth Energy Tours reserves the right to cancel any tour with only 1 rider scheduled 72 hrs prior to tour date, which is not the result of other riders' cancellations.
Cancellations 30+ days before your tour date will receive a 100% refund of the scheduled tour price collected. All transactions final.
Cancellations 30 to 15 days before your tour date will receive a 75% refund of the scheduled tour price collected within 30 days following the cancelled tour date. Alternative Option: Rescheduling is available 1 time via email within 30-15 days of the original scheduled tour date. If your new tour date is not rescheduled 30-15 days from original scheduled tour date. 75% of total price for tours reserved in your name and/or credit card will be refunded to your credit card and 25% forfeited for cancellation fee. All transactions final.
Cancellations 14 to 7 days before your tour date will receive a 50% refund of the scheduled tour price collected within 30 days following the cancelled tour date. Alternative Option: Rescheduling is available 1 time via email within 14 to 7 days of the original scheduled tour date. If your new tour date is not rescheduled 14 to 7 days from original scheduled tour date. 50% of total price for tours reserved in your name and/or credit card will be refunded to your credit card and 50% forfeited for cancellation fee. All transactions final.
Cancellations 6 to 0 days before your tour date does not qualify for rescheduling or refund. 100% of the scheduled tour reservations under your name and credit card will be charged full price without refund. All transactions final.
Online scheduling is locked 48 hrs before tour date. If scheduling within 48 hrs of tour date, please contact us via email at EarthEnergyTours@gmail.com.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS.
I hereby acknowledge by signing below, I have read, understand, and agree to be bound by all applicable Earth Energy Tours, LLC, rules, and policies, as well as any instructions by Earth Energy Tours LLC staff and any other policies made known to me by Earth Energy Tours LLC. If, despite this Agreement, I, or anyone on my behalf or the dependents or minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim. The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
All riders must show ID and sign a hard copy of this WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT before Earth Energy Tours LLC services will begin.
RIDER # 1 - PRIMARY CREDIT CARD HOLDER
PRINT FULL NAME__________________________________
SIGNATURE _______________________________________________________
DATE__________________
Emergency Contact Phone #_________________________________
RIDER # 2
PRINT FULL NAME__________________________________
SIGNATURE _______________________________________________________
If Rider # 2 is a dependent, Parent / Guardian Signature is Required Above.
DATE__________________
Emergency Contact Phone #_________________________________
RIDER # 3
PRINT FULL NAME__________________________________
SIGNATURE _______________________________________________________
If Rider # 3 is a dependent, Parent / Guardian Signature is Required Above.
DATE__________________
Emergency Contact Phone #_________________________________
Earth Energy Tours Eligibility Requirements for FREE Guided UTV Tour
Services limited to 18+ years of age with photo I.D.
· ALL RIDERS must meet UTV seat safety specifications of height (5’2” to 6’2”) and weight (100 lbs to 225 lbs) and fit safely and securely in the 5-point seat belt harness.
· Applicants must be independently mobile or be accompanied by their care-giver. One care-giver per applicant receives a 10% discounted ticket price.
· Certification on a physician’s / medical professional’s letterhead stationery from a doctor of medicine (M.D.) or osteopathy (D.O.) who is licensed to practice in the United States that you are totally and permanently disabled or a DD-214 form showing honorable discharge and 100% permanent disability. Your physician must certify that your physical or mental disability
Has lasted for a continuous period of not less than 60 months.
Can be expected to result in death.
· Signed Earth Energy Tours Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement.
Due to the nature of spinal cord injuries, Earth Energy Tours cannot grant services to those with any current or previous spinal cord injury.
Limit 1 FREE tour per person.
Please send your story expressing why you would like to experience nature in a UTV to EarthEnergyTours@gmail.com.