TERMS & CONDITIONS
for Chicago Motorcycle Tours, provided by Explorify Tours Ilc (FL Corp No. L2000-345272)
These terms and conditions (the “Terms and Conditions”) govern all purchases and sales of tours, travel, services, and products between Chicago Motorcycle Tours / Explorify Tours Ilc, 46 N Orange Blossom Trail, Orlando, FL 32805, a Florida corporation (entity number: L2000-345272), hereafter referred to as “CMT/Explorify” “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 payment confirmation and/or specified invoice and payment plan, constitute the entire contract between You and CMT/Explorify. By placing an order with CMT/Explorify through our website www.chicagomotorcycletours.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 Explorify Tours LLC, Explorify Rentals LLC, Windy City-Fox Motorsports and all dealerships, and all companies’ and/or 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, please do not place an order with CMT/Explorify on our website; www.chicagomotorcycletours.com.
Our “Guided Tours”, “Self-drive Tours”, “Road Trips”, “Custom Tours” and “Rentals”, all have specific terms and conditions covered under separate sections in Terms and Conditions. No agent, employee, or representative of CMT/Explorify is authorized to waive our Terms and Conditions, or requirements stipulated by the laws and regulations under which CMT/Explorify operates
These Terms and Conditions and other information on www.chicagomotorcycletours.com are only available in 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.chicagomotorcycletours.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, CMT/Explorify 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 CMT/Explorify 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 email@example.com and firstname.lastname@example.org 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.
To make a purchase on www.chicagomotorcycletours.com you must be 21 years old, have at least one year of driving experience on a heavy motorcycle / car, as applicable, a valid driver’s license for the operation of the subject vehicle and a credit card from a major card company (Visa, MasterCard, Diners, American Express etc.)
Consumer purchases are regulated by Consumer law, Marketing law, the Personal Data Act, E-Commerce Act, Credit Act. The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, CMT/Explorify disclaim all representations and warranties, expressed or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, CMT/Explorify do not represent or warrant that the information accessible via this web site is accurate, complete, or current. Price and availability information is subject to change without notice. Due to a large amount of content and information provided, errors can and will occur. By visiting this web site you agreed that CMT/Explorify shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this web site. CMT/Explorify shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by CMT/Explorify.
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: Explorify Tours Ilc, 46 N Orange Blossom Trail, Orlando, FL 32805, Tel: +1 (800) 395-0591
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.chicagomotorcycletours.com
Reservations can be made by: Tel: +1 (800) 395-0591 (US)
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
- Choose the number of tur participants/packages
- Choose room type/accommodation
- Choose vehicle/attractions/add-ons
- Place your order / Check-out
- Choose a method of payment
- Order confirmation & Payment receipt (will be sent you)
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 products and/or services 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 indicate so 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 CMT/Explorify in writing. If you do not send us a return mail withing 3 business days, we will consider it a confirmation of your acceptance of the new offer.
Remember that Your username with Us is the email address you provided when ordering.
NOTE: It is Your responsibility to submit your name exactly as written/registered on your Government ID (e.g. Driver’s license, Passport); all names and letters included and in the correct sequence. You will be responsible for any costs related to changes in your booking and/or tickets because you did/have not submitted your complete personalia info exactly as it is written in your Government ID.
CMT/Explorify reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, You grant CMT/Explorify permission to contact Your bank to verify name and address.
3.2 YOUR REPRESENTATIONS
By placing an order on www.chicagomotorcycletours.com You accept our Terms and Conditions, and represent that (i) You are at least 21 years of age and in sound medical condition; (ii) You understand that unique risks are involved in motorcycle riding; (iii) You possess the skill, knowledge, confidence and experience on motorcycles, both for size, weight & model type, to operate the motorcycle/vehicle in a safe manner; (iv) You will not operate the motorcycle without wearing a D.O.T. certified helmet; (v) You possess 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, (VI) You represent that license qualifies You to operate a motorcycle in the state or country of Your permanent residence with the same rating as the Motorcycle; (VII) You are not under the influence of an alcoholic beverage or a controlled substance or any prescription or nonprescription drug which could impair my ability to operate the motorcycle, (VIII) You possess a valid credit card with the necessary coverage for your insurance and/or LDW deposit or similar ($100-$2.500) (No Debit or Pre-paid cards are accepted). (VIIII) You declare that CMT/Explorify shall not be liable for any
losses resulting from the Rental Agency’s (vehicle owner’s) refusal to approve/accept your driver’s license and/or your credit card/method of payment. (X) You covenant and declare that you carry appropriate levels of travel and medical insurance coverage for the entire rental period. (XI) You covenant and declare that you are responsible for obtaining all necessary travel documents, including visas (e.g., ESTA for the USA) 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.
3.3 Guided/Package Tours Include:
- Accommodation in shared double room (2 persons / 2 beds) at 3+ star motels, according to the tour program
- VIP hotel check-in
- Hotel breakfast
- Welcome packet/reception
- Free entrance to selected national parks (specified under “included” for each tour)
- Professional tour leader in front of the cortege
- Support vehicle with an extra guide, trailer, spare bike, first aid, tools & equipment, and door-to-door luggage service
- Gasoline and oil for guided/organized driving on designated stops (only for motorcycle)
- Return motorcycle shipping (where applicable)
- Tour book (pdf) with detailed route description, attractions, and daily programs
- T-shirt & Patch
- Group photo & pictures from the tour
- Airfare round trip from main state/national airport in Your state/country of residence (e.g. Chicago, LA, Oslo)
- Car or motorcycle rental, insurance, and LDW (rates vary according to the choice of vehicle)
- Optional tour specific attractions (e.g. Helicopter tour & Imax movie in Grand Canyon) and entrance to clubs/bars
- Gasoline and oil for free independent riding on your own
- Transportation to/from airport/hotel
- Food and beverages
- Travel and cancellation insurance
- Visa, Passport, travel docs
- Tips & personal expenses
- All other items/products/services not specified in “Included”
Payment of Your purchase can be made using a major credit card or by bank wire transfer payment (Please note: No Debit Cards and/or Pre-paid cards are accepted). By clicking “Place order/Confirm Reservation” at checkout, you give US permission to charge your card(s) according to the specified payment plan below. You also authorize the US to re-initiate any charge(s) to your card(s) that is dishonored for any reason. 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 500 – per traveler shall be paid when we confirm your order on our web site (ref. sect 2). If you are paying by invoice and/or bank transfer deposit shall be paid within two days of receiving the confirmation.
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, which should be paid no later than 45 days before departure.
Payment by Wire Transfer
All wire transfer fees are to be paid by the customer.
Company Name: Explorify Tours LLC
Bank Name: Wells Fargo Bank, N.A
Bank Address: 420 Montgomery, San Francisco, CA 94104, USA
|Domestic Routing Number: 121000248||Account Number: 7627498822|
|International SWIFT/ BIC code: WFBIUS6S|
Please send us a payment notification email to email@example.com after completing the payment.
A transaction fee will be added to your payment: bank transaction $40
NB: Please note that we will not send You receipts or payment confirmation for wire transfer payments, but we will update Your booking/account on “My Page”. We will notify You if we are missing payments from You.
3.7 Cancellation and No-show
A deposit of USD 500- 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 that are canceled by You no later than 100 days prior to the 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 that are canceled 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 that are canceled by You 45 days or later before the departure date, You are obliged to pay the total sum according to Your order confirmation.
Please note: 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 canceled and removed from our systems. Any amount already paid will not be refunded, and we reserve the right to charge a cancellation fee
Please note: Any form of refund will be issued as “store credit”, which can be used against any purchase on www.chicagomotorcycletours.com within the following 12 months after any cancellation.
3.8 Customer’s Acknowledgement
By ordering one of our tours, 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 CMT/Explorify’ s Participant Statement and Release Form (section 14) and Waivers of Risk (section 15). CMT/Explorify cannot accept tour participants or travelers who do not fully comply with the CMT/Explorify “Participant Statement and Release” and “Waiver of Risk” form.
3.10 Changes in Tour Programs and Cancellations
Tours are organized on a seasonal basis and where seasonal variances and/or weather conditions and/or government regulations and/or travel restrictions require changes in the tour dates, routes, and accommodations, the itinerary will be adjusted accordingly with alternate hotels, restaurants, and roads being selected.
Within 45 days of Your departure date, You run the risk that the travel dates you have booked in Your order will be canceled or moved up to 1-2 weeks forward or backward, depending on the availability of airline tickets, vehicles, or accommodation. Further, in the event there is an insufficient number of participants on Your tour to make it economically feasible, CMT/Explorify 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 canceled, 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.
3.11 Tour cancellations
In the case We have to cancel the tour you have booked, You and all tour participants will be notified by Us, and will either be offered the tour as a Self-Drive Tour (vehicle rental & hotel package) or be offered an alternative guided tour and/or tour dates. In case you do not accept this offer, We will refund Your payment in full, which will constitute the full settlement and CMT/Explorify will be absolved of all liability associated with Your booking. We are not liable for any additional costs or losses incurred by the tour participant due to a tour cancellation. This includes, but is not limited to, the cost of pre-paid airline tickets, hotel reservations, or automobile rentals. Situations may arise out of our control which makes it necessary for us to cancel, advance, or postpone a scheduled tour, change itineraries or make
substitutions regarding hotels, cities, tour guides, and other travel arrangements. In that event, CMT/Explorify does not assume responsibility or liability for any resulting losses, expenses, or inconvenience.
Luggage is limited to one medium-sized suitcase/bag and a travel bag/backpack (carry-on) per person (20-22 kg, 44-48 lbs.). CMT/Explorify takes no responsibility for any loss, damage, or delay regarding the delivery of luggage to travelers. Insurance for Your luggage is recommended.
3.18 Personal & Medical Insurance
To participate in our tours, You must have a valid vehicle third party liability; 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. Remember: Always carry the insurance card with You.
All claims should be directed to Your individual insurance companies, not to CMT/Explorify.
3.19 Proof of Identity
Your order at CMT/Explorify 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 regulatory provisions related to travel in all states/countries with which you have contact during your tour and related travel. Explorify 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.
CMT/Explorify 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 a passport or visa.
If children under 18 years old will be traveling with adults other than their parents/guardians, please note that certain destinations require written parental consent. For further info, contact the embassy of the country concerned.
3.20 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 CMT/Explorify tour experience. It is extremely important for all riders to listen carefully to the Tour Guide’s safety and tour 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.
3.21 Weather Conditions
CMT/Explorify 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. CMT/Explorify cannot be held liable for unpleasant and/or unsuitable weather conditions, and no refunds shall be granted due to such conditions.
3.22 Support vehicle
For tours that have a support vehicle, we offer space for Your luggage (one suitcase plus one medium size bag per person) and the option to purchase cold drinks. The vehicle also carries tools, first aid kit(s), and in some cases a spare motorcycle. It will be available to transport tour customers in an emergency such as serious illness or bike break down only. It is not meant to be a transport vehicle for temporarily reluctant or tired riders or passengers.
3.23 Alcohol & Drugs
CMT/Explorify 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. 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. In such instances, You will be informed of where to later meet up with the tour group.
3.24 Failure to Comply with Traffic Rules and CMT/Explorify’ 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 CMT/Explorify’ rules and regulations, We have the right to cancel Your tour, and You have no rights to claim compensation of any kind.
For tour/rental customers, CMT/Explorify will provide storage for additional luggage at the pick-up location while on tour. You store your luggage at your own risk. CMT/Explorify does not take any responsibility for lost or stolen items.
3.27 Fuel & Oil
Fuel and oil costs are included on all Guided Tour riding days at designated stops. Explorify reserves the right to charge an additional fee if fuel costs significantly exceed the average price per gallon at the time of order confirmation.
3.28 Responsibility for Vehicle Damage or Loss; Reporting to Police.
If you are involved in an accident you are obliged to contact the tour leader immediately. In the case of personal injury, call the local emergency phone number 911 (US). Ensure that all persons involved receive the help and/or supervision they need and make sure to get a Police report of the incident. Secure documentation and take photos from the accident, people involved, vehicles, etc.
3.31 Special Needs
If You have any special needs/requests regarding Your travel, please contact CMT/Explorify’ customer service, Tel: +1-(800) 395-0591, such that CMT/Explorify can try to 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 the 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.
The images, logos, copy, and trademarks contained in this site, including but not limited to the text, images, audio, or video, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of CMT/Explorify or the official holder of the copyright or trademark. CMT/Explorify is not responsible for the specific content and/or images contained on this site. Please contact CMT/Explorify if you have questions or concerns about the site content.
Our web may contain links to other web sites that are owned and operated by third party vendors and other third parties (hereafter referred to as “External Sites”). You acknowledge that CMT/Explorify is not responsible for the availability of, or the content located on or through, any External Site. Please contact the site administrator or Webmaster of those External Sites you have any concerns regarding such links or the content located on these Sites.
Prices include all taxes and fees. The total cost of Your purchase will appear on your order confirmation. Please see Sections 3.3 for the specifics of what is included in each travel or tour package.
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 CMT/Explorify, if responsible as provided below, will in its sole discretion determine which remedy to provide. CMT/Explorify is responsible for remedying defective or non-conforming products to the extent such defect or non-conformity is attributable to Explorify, and such products are returned to CMT/Explorify in suitable packaging and only to the extent Explorify, in its sole discretion, confirms the existence of the alleged defects or non-compliance. In the event CMT/Explorify determines that the returned products are neither defective nor non-conforming, CMT/Explorify is entitled to charge the customer any costs which CMT/Explorify incurs on account of the unfounded allegations of defect or non-conformance by the customer. The liability, if any, of CMT/Explorify 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 CMT/Explorify 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 CMT/Explorify 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.
The right of cancellation does not apply to fixed-term/dates benefits, such as tours and travel. For conditions regarding cancellation, see section 3.7.
11. Personal Information
We collect, process, and use only the personal information You provide to Us which is necessary for us to fulfill 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 of what information is used and by whom.
We reserve the right to run a credit check on You. 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 firstname.lastname@example.org
12. Force Majeure
If the execution of Your booked tour is hindered or prevented (or in the opinion of CMT/Explorify and Partners is likely to be hindered or prevented) by war, hostilities, blockage, ice, weather conditions, labor conflicts, strikes, restraint of Princes, Rulers or People, seizure under legal process, breakdown of vehicles, illness, pandemic, congestion, local and/or national government regulations and/or restrictions, travel regulations and/or restrictions or any other cause whatsoever, CMT/Explorify may cancel Your proposed tour without liability to refund any payments or fares paid in advance.
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 Orlando County, Florida, USA 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 Florida Court in Orlando County having venue over the dispute. The prevailing party shall be entitled to reasonable attorney’s fees and costs.
14. Participant Statement and Release Form
By confirming an order to CMT/Explorify and/or on www.chicagomotorcycletours.com, You accept our Terms and Conditions, and declare that You fully commit to the below “Participant Statement and Release of Liability” form:
I ACKNOWLEDGE THAT BY CONFIRMING A PURCHASE TO CMT/EXPLORIFY, I AM RELEASING CHICAGO MOTORCYCLE TOURS/EXPLORIFY TOURS LLC (“CMT/EXPLORIFY”) AND ITS RESPECTIVE AGENTS, OFFICERS, EMPLOYEES, MEMBERS, SPONSORS, PROMOTERS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO EXPLORIFY LLC, EXPLORIFY TOURS LLC, EXPLORIFY RENTALS LLC, WINDY CITY FOX MOTORSPORTS GROUP WITH ALL ASSOCIATED DEALERSHIPS (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, Explorify Tours llc, Explorify Rentals llc, Explorify llc, Harley-Davidson Motor Cycles, Inc., H-D Michigan, Inc., Harley-Davidson Europe Ltd., Windy City Fox Motorsports Group with all associated dealerships, 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 CMT/Explorify 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 CMT/Explorify 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 CMT/Explorify from any and all claims and demands that may arise out of or in connection with the use of the photographs. I grant to CMT/Explorify unrestricted permission to exchange personal information such as my name, address, etc. with Harley-Davidson 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 anyone 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 CMT/Explorify indicates that I fully understand it and agree with its contents.
15. WAIVER OF LIABILITY.
By confirming an order to CMT/Explorify and/or on www.chicagomotorcycletours.com, You accept our Terms and Conditions, and declare that You fully commit to the below “WAIVER OF LIABILITY” form:
YOU RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD US, CHICAGO MOTORCYCLE TOURS/WINDY CITY FOX MOTORSPORTS GROUP and all affiliated dealerships, EXPLORIFY TOURS LLC, EXPLORIFY LLC, EXPLORIFY RENTALS LLC, AND ITS AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, FINES, OR OTHER SANCTIONS, THAT MAY HAVE ACCRUED OR MAY ACCRUE IN THE FUTURE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE RENTAL OR OPERATION OF THE MOTORCYCLE/VEHICLE BY YOU OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO YOUR PERSON OR PROPERTY WHICH MAY BE (A) CAUSED BY ANY ACT, OR FAILURE TO ACT, BY ANY RELEASED PARTY OR (B) SUSTAINED BY YOU BEFORE, DURING, OR AFTER THE RENTAL. THIS WAIVER AND RELEASE DOES NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY YOU UNDER APPLICABLE LAW. THIS WAIVER AND RELEASE IS IN ADDITION TO, AND IS NOT INTENDED TO LIMIT IN ANY MANNER, THE MOTORCYCLE RENTAL RELEASE OF LIABILITY EXECUTED BY YOU ALONG WITH THIS AGREEMENT. IN THE EVENT THAT THE TERMS OF THIS WAIVER AND RELEASE AND THE MOTORCYCLE RENTAL RELEASE OF LIABILITY CONFLICT IN ANY MANNER, THE TERMS OF THE MOTORCYCLE RENTAL RELEASE OF LIABILITY WILL GOVERN.
In no event shall CMT/Explorify be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if CMT/Explorify has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.