GCAC Terms and Agreements

Transcription

1 Rental Instructions: Initial all areas then print Name where indicated Sign and Date where indicated Submit this form back to Gold Country Adventure Cycles by fax: Gold Country Adventure Cycles: 578 W. Stockton St. Sonora, CA P GCACLLC@GMAIL.COM Submit Paperwork and Forms To: G.C.A.C. Rentals ATTN: Credit Card Billing FAX: GCAC Terms and Agreements By signing this agreement, I acknowledge that I understand that motorcycle riding and touring is hazardous and may result in serious injury or death. I understand that this activity in which I am voluntarily participating has inherent risks (including death, loss of limb and permanent disability, and damage to or loss of property) that I assume. I certify that I am duly licensed and competent to operate a motorcycle in a safe manner, and the vehicle I will be operating during use/operation is in sage and legal operation. I am solely responsible to determine the speed and operational characteristics of my motorcycle and my ability as a motorcycle operator while participating in a rental/ and or guided tour. I hereby agree to expressly and voluntarily accept and assume all risks involved in operating a motorcycle or participating as a motorcycle passenger while participating in a rental/ and or guided tour with Gold Country Adventure Cycles L.L.C.. Motorcycle rentals may not enter Mexico at any time. I hereby covenant, as a motorcycle operator or motorcycle passenger, not to sue Gold Country Adventure Cycles L.L.C., their owners, agents, employees, officers, directors, managers and representatives for any and all loss or damage including property damage or loss, personal injury, permanent disability and/or death, arising out of my participation in this activity (including but not limited to riding, touring, transportation to and from the activity, and at all lodging and stops). Gold Country Adventure Cycles L.L.C. makes no warranty regarding conditions, safety of roadways, weather, lodging or stops, and I assume all risk that the conditions, safety of roadways, weather, lodging or stops are other than what is expected. I understand and agree that Gold Country Adventure Cycles L.L.C. is acting as my agent only to provide guidance as to routes, and to obtain meals along the route, and I hereby release and hold harmless Gold Country Adventure Cycles L.L.C., its owners, agents, assigns and heirs against any and all claims, causes of action, or any other liability of any kind arising from my operation of a motorcycle, or as a motorcycle passenger during my activity of motorcycle touring. 1

2 I agree to abide by all tour requirements regarding safe and legal operation of motorcycles, no use of alcohol or drugs and agree that any violation of these requirements will result in the termination of my participation in the tour/or rental without recourse or refund. I certify that I have no known physical or mental impairment that may affect my safety or the safety of the group. I understand that, subsequent to state and local regulations, the choice of wearing a helmet or other protective gear is solely my own and that Gold Country Adventure Cycles L.L.C. most strongly recommends its tour participants to wear protective gear. Further, I certify that I am not under the influence of alcohol, any narcotic, or other drug that may impair my understanding or judgment. Applicable Law and Jurisdiction This Privacy Policy shall be governed by the laws of the United State and the State of California, without regard to conflict of law principals. By providing any PII to us, you fully understand and unambiguously consent to the transfer of such PII to, and the collection and processing of such PII in, the United States and other countries or territories. You agree that any cause of action that may arise under this Privacy Policy shall be commenced and be heard in the appropriate court in the State of California, County of Tuolumne. You agree to submit to the personal and exclusive jurisdiction of the federal or state courts located within Tuolumne County in the State of California. Changes to this Privacy Policy We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time so visitors are encouraged to review this Privacy Policy at the inception of each session. Acceptance of this Privacy Policy By using our Site, or otherwise providing your PII to us, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site or provide any PII to us. By signing this agreement, I acknowledge that I have read this liability waiver and agreement and that I am waiving any claim as set forth herein for myself, my spouse, personal representatives, assigns, heirs and next of kin. In consideration of being permitted to participate in the tour, I hereby release, waive, hold harmless, discharge, and agree to indemnify Gold Country Adventure Cycles L.L.C., their owners, agents, employees, officers, directors, managers and representatives from any and all liability to me, my spouse, personal representatives, assigns, heirs and next of kin for any and all claims, demands, liability, loss or damage (including property damage or loss, personal injury, permanent disability and/or death), in any way resulting from or arising in connection with this activity. I hereby agree to fully assume the risk and full responsibility of bodily injury, permanent disability, death or property damage due to the negligence of those being released herein, and on behalf of myself, my spouse, my personal representatives, assigns, heirs and next of kin. I acknowledge and agree that there are inherent risks of serious bodily injury and/or death and the purpose of this liability waiver and agreement is to be as broad and inclusive as permitted by the law of the state of California and that if any portion hereof be held invalid, I do expressly agree that the balance shall notwithstanding, continue in full legal force and effect. I further agree to the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial trade, advertising, and any other purpose and in any manner and medium. Motorcycle Rental Process: When you arrive at our office we will need to see your driver license and credit card. Again, the credit card must be in the name of the renter. We will charge your credit card for the remaining balance of the rental amount due. We will also swipe an authorization charge on your credit card in the amount of either $1,000 - $2,500 based on the motorcycle option you chose. You will then sign our rental agreement/or have already signed and have faxed it to us. We will then copy your signed rental agreement and provide the renter with a copy of the rental agreement along with a copy of the credit card receipts. Responsibility for Motorcycle Damage or Loss: Reporting to Police If the renter damages the motorcycle he/she will immediately be charged the authorization/deductible, plus any monies up to $2500 required/needed for repairs in completion of all remaining damages. Upon completion of repairs, we will refund any balance due to the renter. Like our competitors, replacement parts will be original equipment manufacturer (OEM) parts and charged at Manufacturer Suggested Retail Price (MSRP). In order for us to have a warranty on parts and accessories, we must buy them from our local vendor. Therefore, we cannot accept parts sent to us from the customer. We will not match internet prices for parts and accessories. You are responsible for all damage to or loss of the Motorcycle, including the cost of repair, or the actual cash retail value of the Motorcycle on the date of the loss if the Motorcycle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Motorcycle, loss of use, diminished value of the Motorcycle caused by damage to it or repair of it, and a reasonable

3 charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them. It is the customer's responsibility to check engine oil levels and tire pressure on a daily basis after riding over 100 miles. The customer should report mechanical failures immediately to a Gold Country Adventure Cycles L.L.C. representative. Rental Confirmation & Credit Card Payment With your signature on the Rental Confirmation & Credit Card Agreement Form you accept these terms and conditions as a binding contract between Gold Country Adventure Cycles L.L.C. and you, the participant. Please read them carefully. Gold Country Adventure Motorcycles L.L.C. cannot accept any rental and/or tour participant without a duly MBA motorcycle Insurance Confirmation, Credit Card Agreement Form, an Emergency Contact Form, Release of Liability and Rental Agreement upon renting/picking up of the motorcycle. Release and Waiver Every participant is required to accept and sign a Rental Agreement and release and waiver form of rights before your rental begins. Gold Country Adventure Cycles L.L.C. cannot accept any renter without a duly signed release and waiver form. Forms are provided with a copy of the release and waiver at pick up. Comments or Complaints We welcome customer s advice and comments on how their experience was so we can constantly improve our service to make sure our customers are very happy with their whole experience. Let us know how your bike performed during your ride. If you take our tour feel free to talk to your guide or office manager regarding your experience whether positive or negative. Again, our goal is for our customers to go home with a feeling of fulfillment and peace of mind. Rental Requirements - 21 years of age or older - Copy of a valid motorcycle operator license (must have for at least 2 years) - Minimum of one year of riding experience on heavyweight motorcycles Major credit card is required. No Debit Cards are accepted for the security deposit - Renters must purchase MBA insurance of $15.00 IN ADDITION TO THE $6.95 FOR SLI (supplemental liability insurance). Renter must purchase MBA insurance for each 24 hour period or portion thereof for any motorcycle rental. Alterations to Tour Schedule Tours operate on a seasonal basis and where seasonal variances and/or weather conditions cause changes in the tour routing and accommodations, the itinerary will be adjusted accordingly and alternate hotels, restaurants and roads will be used. Weather Conditions Gold Country Adventure Cycles L.L.C. encourages you to determine that weather conditions will be suitable for your tour. Many tours pass through areas, where weather conditions can change very fast and significantly. Gold Country Adventure Cycles L.L.C. cannot be made liable for unpleasant and unsuitable weather conditions and no refunds are made for such conditions. Customer Orientation Every client will receive a full orientation to the motorcycle. The client orientation will cover all aspects of safe motorcycle operation, the clients' maintenance responsibilities, and local and state laws. Fuel Motorcycles are rented with full fuel tanks and need to be returned full of fuel. Renter is responsible for all damages to the motorcycle if the incorrect fuel is used. Change/Swap of Motorcycle Due to our Renters insurance policy that you signed, you are assigned to the motorcycle you reserved and paid for. The only exceptions to a motorcycle swap are during an emergency situation. NOT INCLUDED in the Insurance Deductible: Towing Fees Storage Fees Freight Charges to return the motorcycle to our office in Sonora, CA Replacement costs of rented helmet, apparel and/or equipment Impound fees/storage Traffic violation fees Lawyer fees

4 Charge Conditions Each rental day is based on a 24 hour period. For example, if you pick up a motorcycle at 9:00 AM then it is due back at 9:00 AM on the date you plan to return it. If you return the motorcycle past the 24 hour period there will be additional charges. Those additional charges will include one more day of insurance for each day the motorcycle is not returned. The renter will also be charged $35 per hour (commencing 45 minutes after the scheduled time) for each additional hour you have the motorcycle up to the cost of one additional day. These charges will be repeated each day you have the motorcycle longer than your original scheduled return. If you want to keep the motorcycle longer than your original reservation, PLEASE call us to make sure that the motorcycle is available and not reserved for another client. A new rental agreement is required for extended rentals. Please return the motorcycle full of fuel. If you do not have time to fill the motorcycle before you return, the renter will be charged $5.00 per gallon to fill the motorcycle for the next client. Renter is responsible for any damages caused to the motorcycle for putting in the wrong fuel. All credit card reversals are subject to an administration fee. Additional terms and conditions may apply for motorcycle rallies and special events. Motorcycles will be held for 30 minutes beyond rental scheduled All credit card reversals are subject to an administration fee. Additional terms and conditions may apply for motorcycle rallies and special events. Reservation and Cancellation Policies A prior reservation is required in advance to insure availability and the motorcycle of your choice. We do not accept Bank/Debit or check cards for security deposits. The availability of our fleet is based on a first come first served basis. During the summer months we frequently rent all motorcycles in our fleet. Cancellation policy: Gold Country Adventure Cycles LLC dedicates a lot of time in preparation of our motorcycle Rentals and Guided Tours. Our customer s satisfaction is always number one! We pride ourselves in giving the best memorable tours and mechanically sound rentals to each of our customers. This is why our cancellation policy is as follows: Upon time of reservation, 50% of the total rental amount is due. Cancellations made within 30 days of the reservation forfeits 50% of the rental amount. If the cancellation is made outside of 31 days, 20% of the total rental price will be forfeited. No show customers are subject to 100% forfeiture of their entire balance. No refunds for early returns, weather, mechanical break downs (due to user error), rental breakdowns due to outside influence, personal injuries, road closures, trail closures or personal/family issues. This agreement applies to all participants either renting/touring. No credits or refunds for early returns, unused portion of rental, late pick-ups or undesirable weather conditions. Gold Country Adventure Cycles L.L.C. will make every attempt to provide exact model of motorcycle requested at the time of reservation, however we have a limited amount of motorcycles and availability. GCAC reserves the right to refuse services. This cancellation policy does NOT apply to our custom tours. The undersigned has read and voluntarily signs this Release of Liability, Covenant Not to Sue, Waiver and Agreement. Signature: Printed Name: Date: Signature of Passenger: Printed Name: Date:

5 Motorcycle Rental Agreement Terms and Conditions (Read and Initial) 1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the independent business named on the reverse side of this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle driver's license and, is at least 21 years of age unless the age restriction is changed elsewhere in this Agreement. "Vehicle" means the motorcycle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. * 2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. * 3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. * 4. Responsibility for Vehicle Damage or Loss; Reporting to Police. Except for ordinary wear, you are responsible for: (a) physical and mechanical damage to the Vehicle resulting from collision up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) Loss due to theft of the Vehicle up to its fair market value, provided that you failed to exercise ordinary care while in possession of the Vehicle; (c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle, provided that you have responsibility for theft of the Vehicle; (d) Physical damage to the Vehicle up to a total of $2500 resulting from the renter or third party due to vandalism unrelated to a theft of the Vehicle; (e) Actual charges for towing, storage and impound fees paid by us if you are liable for damage or loss; and, (f) an administrative charge that includes the cost of appraisal and all other costs and expenses incident to the damage, loss, repair, or replacement of the Vehicle. You must report all accidents, theft and vandalism to us and the police as soon as you discover them. * 5. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used by anyone other than you. You will not operate the Vehicle: (a) while under the influence of any drug or alcohol; (b) If you obtained the Vehicle by giving us false, fraudulent or misleading information; (c) In furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (d) To carry a person other than you; (e) In any race, speed test or contest; (f) To carry dangerous or hazardous items or illegal material; (g) Outside the continental United States; (h) When the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; Or, (i) after an accident with the Vehicle unless and until you summon the police to the accident scene. * 6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the Policy ) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no fault and uninsured and underinsured Motorist coverage, where permitted by law. * 7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) Charges for additional drivers; (c) Optional products and services you purchased; (d) Fuel, if you return the Vehicle with less fuel than when rented; (e) Applicable taxes; (f) All parking, traffic and toll fines, penalties, citations, forfeitures, court costs, towing, and storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (h) All costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) A 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; And (k) a reasonable fee not to exceed $50 to clean the Vehicle if returned substantially less clean than when rented. * 8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. Security Deposits will be credited within 48 upon the return and inspection of the vehicle. * 9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. * 10. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. * 11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. * 12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. * MBA Motorcycle California

6 Emergency Contact Form Personal Information: Name: Home Address: Street: City: State: Zip Code: Work Address: Street: City: State: Zip Code: Home Phone: Work Phone: Cell Phone: Primary Person To Be Notified In Case Of An Emergency: Name: Relationship: Home Address: Street: City: State: Zip Code: Home Phone: Work Phone: Cell Phone:

7 PLEASE FILL OUT THIS AUTHORIZATION FORM USING ADOBE READER THEN PRING, SIGN AND SUBMIT! G.C.A.C LLC CREDIT CARD CHARGE AUTHORIZATION FORM Company Name Name on Credit Card* Type of Card (Visa, Mastercard, etc.)* Card Number* Expiration Date* CCV Number* Billing Address* Phone Number, associated with card* Amount authorized Signature of Card Holder* *REQUIRED FIELDS Please fill out, sign, and return by or fax Fax Office 7