| Operator’s Option Plan Contract / Terms and Conditions This Operator’s Option Plan Contract (the “Agreement”) sets forth the terms and conditions under which Four Wheel Adventures (“F.W.A.”) for payment of the trip price, agrees to provide you (the “Participant”) this tour package. Please note that if you are under the age of 18 at the time of signing the application, your parent(s) or guardian(s) must also sign. F.W.A. is not responsible for a forged signature. RESPONSIBILITY: F.W.A., as the principal, is responsible to the Participant for arranging and providing transportation services and accommodations offered in connection with this tour package. F.W.A. does not assume responsibility for any act, omission, injury to person or property, loss, inconvenience, accident, delays, negligence or default of any company, hotel, carrier company and/or their employees, servants or subcontractors providing any services, accommodations, or facilities in connection with this tour package. Participant, and his/her parents/guardians (if applicable), agrees that F.W.A. is not liable for, and hereby releases F.W.A. from any liability for any personal injury which may result in property damage or loss, accident, delay, or inconvenience to the Participant that may arise, in whole or in part, from any act or omission. F.W.A is not responsible for lost or stolen baggage, or any other personal items brought on tour. RESERVATIONS AND PAYMENT: F.W.A. tour registration is confirmed ONLY when F.W.A. has received and accepted a full payment and a completed, signed and legible application. Acceptable forms of payment include personal or cashier’s check, postal money order, Visa, or MasterCard. Checks and money orders must contain Participant’s name (and account number if applicable) and be made to F.W.A. All check payments must be received at a minimum of (5) working days, prior to tour departure. BAGGAGE: F.W.A. allows each passenger to bring one (1) piece of baggage up to 10 pounds and not to exceed 15” x 20” in size. Recommendation for baggage contents should include some of the following items if applicable… sunscreen, sunglasses, special eyewear, pullover with hood or jacket, beanie cap, proper fitted gloves, and prescribed medication, so long as it does not affect one from operating a motor vehicle. We also recommend a small carry-on bag to load into your ATV storage compartment. CANCELLATIONS: If the Participant cancels a reservation, the right to a refund is limited, as outlined in CANCELLATION SCHEDULE AND FEES (below). Cancellations must be made in writing to F.W.A. Notice of cancellation must be signed by the Participant who initiated registration, must be legible, and must include complete address, phone number and account number which corresponds to registration. Once a notice of cancellation is accepted and deemed eligible for a refund by F.W.A., the appropriate refund will be mailed within 2-4 weeks. No refunds will be issued from verbal cancellations. It is the Participant’s obligation to insure written cancellation notice is received by F.W.A. The cancellation schedule in section 5 below, will apply to all cancellations, including those due to unexpected circumstances, (i.e., financial, medical, and/or academic reasons). CANCELLATION SCHEDULE AND FEES: Cancellations postmarked within (7) working days prior to a F. W.A. tour, will be reimbursed their original payment for the tour. However, a $50.00 cancellation fee per person, whether in a group or as an individual, is required for processing. The remaining balance (refund) will be mailed back within 1-3 weeks. Rescheduling is an option so long as available dates are approved through F.W.A. Note: There is no guarantee that dates for rescheduling will be available within the 30 day’s allowed after the cancellation date. MAJOR CHANGE: If major changes are beyond F.W.A. reasonable control, i.e., storms or other natural disasters prior or during the tour, etc., which cause the tour to be rescheduled, then payments received from all participant’s shall be refunded. If other forces are beyond F.W.A. reasonable control, i.e., vehicle breakdown which include commercial passenger vehicles or ATV’s prior or during the tour, etc., then only those directly affected, such as the person riding the broken down ATV that cannot be repaired on the tour, would justify the immobilized ATV rider (Participant) to his/her full refund. Likewise, if any commercial passenger vehicle directly connected with F.W.A. tour becomes immobile and the tour cannot continue, than each participant would later be refunded their payment in full. PARTICIPANTS RESPONSIBILITY: The Participant is responsible for his/her own actions on the entire tour. It is the Participant’s decision and choice if he or she does not wish to participate in certain activities. Some of these activities may take place at random pit-stops along the way, either to or from their original pickup location, the staging area, or along the OHV trail. All activities are voluntary and therefore no one has to participate. The Participant is responsible for any and all consequences due to inappropriate behavior and /or illegal acts committed while on the tour. Inappropriate behavior and illegal acts can be cause for eviction from the tour. Eviction from the tour will result in the Participant being asked to resign from the tour at one’s own expense. Illegal activity may result in law enforcement involvement and/or filing of criminal charges. ENTIRE AGREEMENT: All areas listed under the above Operator’s Option Plan Contract / Terms and Conditions (the terms of which are incorporated herein by reference), along with this Agreement, constitute entire agreement between the parties and supersede any previous agreements or understandings. The Agreement cannot be modified without joint mutual written consent and shall be governed as interpreted pursuant to the laws of the State of California. Any dispute between the parties, as to the interpretation or enforcement of any provision of this agreement, or for any claimed injury, loss or damage sustained while on the tour, shall be resolved by binding arbitration, which shall be conducted in San Francisco, California, in accordance with the Commercial Rules of Arbitration of the American Arbitration Association then in effect. Tour Participant(s) including all Parent(s) or Guardian(s) Statement of Informed Consent and Disclosure of Limited Liability Please Read, Sign, and return this form to our office by fax or mail prior to your scheduled tour… Note: The signature(s) go on the last page of this form. All participants regardless as to what category you fit into must read, sign, and return this statement of Informed Consent and Disclosure of Limited Liability to F.W.A. If you and/or your parent or guardian, fail to sign and return this form as indicated, you may forfeit your right to participate on the tour. The touris organized, promoted, and staffed by F.W.A. employees. Note: Any outside service providers (including, but not limited to, air and ground transportation, hotel or resort accommodations, entertainment and restaurant establishments, recreational service providers, etc.) that are not employed by F.W.A. are not our responsibility. F.W.A. shall not be responsible for any injuries, damages, or losses caused by any tour participants in connection with mechanical or construction failures or difficulties, social or labor unrest, diseases, local laws, climatic conditions, abnormal conditions or developments, terrorist activities or other actions, omissions or conditions outside F.W.A. reasonable control. If you have any questions or concerns about a F.W.A. employee or tour guide, please inform a staff member from our Reservations Department, so we may be able to assist you. Transportation from your hotel to the staging area, including all stops along the way, and returning back to your hotel will be provided by F.W.A. Each=2 0participant is advised to be on schedule at the designated pickup location awaiting the Exploration Vehicle’s arrival. Note: Individuals or groups who are not at their pickup locations at the proper time can cause a forfeit of their tour at their own expense. Soon after boarding, you will be headed towards the staging area. However stops along the way for refueling, food and beverage pit stops, and restrooms do exist. F.W.A. is not responsible for those who are not at their assigned pickup location when we arrive. Occasionally unexpected weather or unforeseen circumstances can put us behind schedule, whereas we will try our best to notify you or another participant on our expected time of arrival. F.W.A. accepts no responsibility for mechanical breakdowns, equipment failures, bad weather conditions, road closures, traffic accidents, or any unforeseen circumstances that is beyond our control. During the tour, you should be aware of the infrequent risk of possible dangers inherent in traveling and in various activities in which you may participate at your own discretion. Such activities may include, but are not limited to Caravaning, ATV Riding, Hiking, Archery, Lake Fishing, Badminton, and other fun games. Your participation in tour activities are not required, however it is an opportune time to get to know your group participants on a more personal level. F.W.A. accepts no responsibility for injuries as a result of participation in any activities or lack of activities during the tour. At all times during the tour, the Participant’s should use good common sense. No one should take unnecessary risk s of any kind and should avoid potentially dangerous situations. Please ask your Reservations Department on some of the activities that may take place on your tour so you can be better prepared, should you choose to participate. Every tour is unique in that they are custom fit for each group and its participants. Unfamiliar circumstances can sometimes arise on large group tours, so please be prepared! F.W.A. Tour Guides often take pictures along the OHV trails and elsewhere. So don’t be surprised if we grab a few shots of you and the group! Our purpose for the photography and video filming is for showcasing upcoming events or for advertising use. We will update our website from time to time with new photos and or video for others to enjoy. We suggest that you bring your own camera as well. F.W. A. reserves all rights to take still photography and video anytime, anywhere, while on the tour. F.W.A. will bring along complimentary refreshments and snacks for the road trip and ATV adventure. These will include bottled waters, sports drinks, and health bars. Once on your off-road adventure you will encounter the raw elements of nature and therefore it is one’s own common sense to keep your body hydrated, etc… If a participant desires to bring their own snacks or drinks on the tour, we ask that they label them prior to loading them into the general ice chest or into ATV’s storage compartment. F.W.A. encourages all participants to use bathroom facilities prior to the tour. We will possibly make pit- stops at nearby bathroom facilities along the way on most of our tours. On many of our tour destinations there will be no bathroom facilities, so we bring our own “Crocodile Dundee Style Bathroom”. It is a simple, yet effective portable privacy shelter with an Easy-Up configuration. Soon, you’ll be ready for some fun and adventure… Vrooooom!!! I, the Participant, fully understand and agree to all the terms as listed above, and I am over the age of 18 and am NOT signing as a legal parent or guardian for a minor. (Participant/s signature only) X ________________________ X _______________________ X __________________________ X ________________________ X _______________________ X __________________________ X ________________________ X _______________________ X __________________________ X ________________________ X _______________________ X __________________________ I, the Participant, fully understand and agree to all the terms as listed above. My son/daughter or (other) is over the age of 16 and under the age of 18. I am a legal parent or guardian and hereby give permission to the ‘under age’ minor(s) to participate on the tour. X ________________________ X _______________________ X ___________________________ X ________________________ X _______________________ X ___________________________ Parent or Guardian(s) Under-age / Minor(s) Attention: All Tour Participants: Statement of Informed Consent and Disclosure of Limited Liability. Please Read, Sign, and Return this form prior to your tour. |
| Booking Policies/Reservation Participant Agreement All participants should have knowledge of this agreement |