Terms and conditions
Terms and conditions
With submission of your online booking form, you agree that you have read and accept all terms and conditions as a binding contract.
LICENSE: Must have valid drivers license with proper motorcycle endorsement. Must be valid in the state/country of residence and be endorsed for the type and size of motorcycle being ridden on the tour.
EXPERIENCE: Riders must have at least 2 years of experience operating a motorcycle or over 3,000 miles. It is suggested that riders participate in a motorcycle safety riding course.
ABILITY: Rider agrees to ride within their ability and agrees to not be influenced by any group or pack mentality to ride faster than is within their ability or what is considered safe riding conditions. Rider agrees to not be influenced by riding displays by fellow participants or organizers that could be considered unsafe. Rider understands they may encounter riding conditions and roads that they have not traveled before and will therefore ride within a manner that is considered safe for those riding conditions. To ride on our tours we expect you to ride with skill, care, and confidence on and off-road. Some riding days can be long and require good physical fitness and stamina. When you make a booking you guarantee and represent that you have the authority and required motorcycling experience to do so and that you also accept these Terms and Conditions.
INSURANCE: Motorcycle insurance and proof of motorcycle insurance is required. MotobirdAdventures does not provide travel, health, trip cancellation or accident insurance, but suggests that participants take out proper insurance for their trip.
MEDICAL CONDITIONS: If riders have any medical conditions that may affect their riding, participation in activities or the riding of others or their participation in activities, they are required to disclose this information while paying their deposit. If any medical conditions arise during the period of time between the submission of this form and the start of the trip, the rider is required to disclose this information in writing to MotobirdAdventures. In some cases a doctor’s note confirming the rider is safe to participate in the tour, may be required.
MOTORCYCLE: Participants are responsible for their own motorcycles or rental motorcycles, neither of which will be provided by MotobirdAdventures. Motorcycles must be in proper mechanical order and be capable of completing the event before the start of the weekend. Motorcycles shall conform to all applicable laws, be properly plated and insured. MotobirdAdventures is not responsible to verify your motorcycles condition or conformance to the law. MotobirdAdventures is not responsible for any damage or mechanical issues of any kind that may happen on the tour for any reason.
PROTECTIVE GEAR: Riders are required to wear DOT helmets at all times while operating their motorcycle, regardless of local laws. Other protective motorcycle riding gear is strongly suggested; armored jacket, armored pants, armored gloves and protective boots. Riders who do not wear protective gear understand the risk they are undertaking and do not hold MotobirdAdventures responsible for any damage caused to their persons for not properly protecting themselves.
BEHAVIOR: Observance of local traffic laws and following of organizers directions are absolutely required. If the rider does not comply with local traffic laws or behaves in a way that is deemed unsafe by organizers, the rider will be asked to leave the event at their own expense with no refunds provided. There is zero tolerance for drug and alcohol use during the period of riding. Riders may drink alcoholic beverages once the motorcycles are parked for the day, as long as the motorcycles are not to be used again until the following day and as long as the participant is of proper drinking age.
MotobirdAdventures reserves the right to accept or deny any Participant from participating in the event. MotobirdAdventures owner, operators or organizers may for any reason deny a Participant continuance of the tour if they feel that the Participant is a danger or a disruption to themselves or the tour group. Any Participants denied continuance of a tour is responsible for their own accommodations, meals, airport shuttle services or any other costs incurred as a result of their event termination. No refunds will be issued to those Participants who are terminated from a tour.
RISK: All participants and riders understand the risks involved in motorcycling and travel. Risks such as, but not limited to, traffic conditions, road conditions, weather conditions, remoteness, physical exertion, other participants/riders as well as nonparticipants and condition of vehicles can affect safety. MotobirdAdventures is not responsible for participants and riders safety. MotobirdAdventures is not responsible for any accidents. MotobirdAdventures cannot be held liable in any way for any occurrence in connection with the event which might result in injury, death, or other damage to the customer, his/her/their property or his/her/their family, heirs or assigns. On some rides we ride through less developed areas. In some areas you will have additional risks such as, but not limited to, remoteness from lack of normal services (fuel, food, water, communication services and more), medical and emergency services, and evacuation difficulties if you are disabled or injured.
Each participant is aware of the risks and the inherent consequences and is accepting them with their tour booking without reservation.
Each participant is required to print and sign the waiver and release of liability agreement upon arrival to event.
MotobirdAdventures is not responsible for any damages, mechanical issues, costs incurred from damages or mechanical issues, or transport for participants or their motorcycle.
MotobirdAdventures is not responsible for any delays, changes in schedule or other conditions. The rider and participant acknowledge that motorcycling is an activity that has its risks and it is impossible to enumerate all of the risks. The risks mentioned in this agreement are merely representative and not meant to be inclusive of all risks that might be encountered. MotobirdAdventures and its employees are not responsible or liable for any accidents and cannot be held liable in any way for any occurrence in connection with the operation or the client’s participation in connection with the tour which might result in injury, death or other damage to the tour Participant, his/her/their property, or his/her/their family, heirs, or assigns.
MotobirdAdventures is not responsible for any items stolen or damaged on the trip, including but not limited to, motorcycles, gear, luggage and/or personal items.
Due to unforeseen events or conditions, the schedule of a trip may need to be adjusted. Such changes may result from weather, road construction, or other unforeseen situations.
MotobirdAdventures has the right to interrupt and cancel a tour in case of situations which make it impossible to provide the services. This includes, but is not limited to, civil unrest, war, war-like situations, terrorist activity, epidemic situations, natural disasters, adverse weather or road conditions, fire, bureaucratic obstacles, changes by any type of travel company, organization or government department or indisposition of the tour guide. In this case the tour participant is entitled to a prorate refund for costs not incurred. Additional costs incurred are the responsibility of the tour participant.
MotobirdAdventures reserves the right, without prior notice, to withdraw any part or all of the event, to make such changes as may be necessary, and the extra cost, if applicable, shall be paid by the rider/participant.
MotobirdAdventures is not responsible for unpleasant or unsuitable weather conditions that occur during a tour and no refunds or adjustments to the trip price will be made for such conditions. If weather conditions require changes in routing or accommodations, the tour will be adjusted accordingly. Every consideration will be given for the group’s safety. Please prepare yourself, your passenger and your motorcycle for every type of weather condition.
MotobirdAdventures is not responsible for a participant's inability to attend the event due to any circumstance.
MotobirdAdventures is not responsible for any costs or losses incurred by the rider or participant due to participation of trip. This includes but is not limited to airline tickets, hotel reservations and/or automobile or motorcycle rentals.
(a) Any controversy or claim arising between the parties out of this Agreement or any alleged breach of this Agreement shall be resolved through mutually binding arbitration conducted by a neutral arbitrator. This includes any and all contract
and/or tort claims arising between the parties during their course of business. The arbitration shall be held in San Francisco, CA or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.
(b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator may award to that party its reasonable out-of- pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.
(c) The arbitrator shall issue a decision. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
MotobirdAdventures: The tour company and any employees of the tour company
Riders/Participants: Any rider, passenger or their motorcycle, equipment or luggage.