TERMS AND CONDITIONS OF REGISTRATION AND PARTICIPATION

I wish to register for, and participate in, a bicycle tour program through Outfitter Bicycle Tours (“OBT”).  In exchange for being allowed to register for, and participate in, an OBT bicycle tour, I have read and, on behalf of myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, I have agreed to the following Terms and Conditions of Registration and Participation (“Terms and Conditions”):

1. Registration - All registrations for all tours must be made by completing the online registration form at https://outfittertours.com/pricing-registration/registration/
2. Deposits & Payment - $800 deposit per tour per person. All invoiced amounts must be paid prior to tour participation.
3. Cancellation & Payment Policy - Deposits are refundable up to 60 days prior to the tour less a $350 cancellation fee. Final payment is due 60 days prior to the tour.  Between 60 days and 30 days before the start of your tour 50% of the tour fee is refundable.  After 30 days prior to the tour no refund is given.  If you are owed a refund of fees paid, it will be mailed within 30 days of receipt of your cancellation notice.  If you must cancel your tour, it must be cancelled in writing by US Mail or by emailing a signed scanned original document. Cancellations cannot be accepted by phone or email text. The effective date of cancellation will be the postmark on your letter of notification. Mail Cancellations To: Outfitter Bicycle Tours, 174 Brookwood Road, Asheville, NC  28804, or scanned documents to info@outfittertours.com.
4. Release - Guests are required to provide a signed and/or otherwise agreed-to Release of Liability, Assumption of All Risks, and Arbitration Agreement, which is a part of the registration process. OBT will not allow guests to be registered for a tour or to participate in any aspect of a tour without signing and/or otherwise agreeing to both this form and the release form.
5. Tour Itinerary & Inclusions - I acknowledge that I understand the tour itinerary that I am signing up for, the related level of accommodations, number of meals provided, length of rides, amount of climbing, entrance fees provided (or not), general riding difficulty, and other tour specifics.   I also have a complete understanding of what is included in the tour price and what is not, including entrance fees, food & meals, incidentals, etc.  Incidentals include, but are not limited to, phone and internet fees, laundry charges, souvenirs, personal items, medical expenses, and other expenses of a personal nature.  OBT reserves the right to accept or reject tour participant applicant at any time.
6. Tour Choice - I acknowledge that I am assuming the responsibility of selecting a tour most appropriate to my physical abilities and interest. I acknowledge that I am in sufficiently good health to undertake the tour without delaying or disrupting the tour or injuring myself.  I acknowledge that I may be required to provide a physician’s release to participate in the tour.  I acknowledge that I may be removed from the tour during the tour if it is deemed by OBT staff that I am not adequately prepared for the tour or incapable of meeting the rigors and requirements of participating in the activities, with no refund of fees paid or compensation for additional expenses brought on by the removal from the tour. 
7. Photos - I understand that OBT reserves the right to take photographic, video or film records of any of its trips and hereby agree that OBT may use any such photographic, video, or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom OBT may engage in joint marketing, without any remuneration to me. I hereby assign all right, titles, and interests I may have in or to any and all media in which my name or likeness might be used by OBT.
8. Pre-tour Information -I acknowledge that I am responsible for reading and understanding all pre-tour information and for being properly prepared for the tour.  This includes starting the tour with the appropriate clothing, equipment, and other items not explicitly provided by OBT.  I also acknowledge having an adequate level of athletic and technical skill to participate in the tour which I have signed up for.
9. On-Tour Ability & Behaviour - All participants are required to act in a manner appropriate for other members of the tour to enjoy the tour without negative distraction or interruption.  If behavior is deemed out of line with what is appropriate OBT reserves the right to remove any participant from a trip, without refund or compensation for additional expenses, any person it judges to be abusive to other trip participants, leaders or third parties, or who it determines to detract from the enjoyment of the trip by others. 
10. Pricing & Changes - OBT reserves the right to change the price or cancel any tour for any reason.  OBT can also change the itinerary without notice to participants.  OBT reserves the right to make route, hotel, itinerary and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests. These changes are made with the clients in mind and the likelihood of no notice is minimal.  If the trip is cancelled due to acts of insurrection, strikes, acts of God, or any other cause beyond the control of OBT, refunds will be based on the percentage of the tour logistics completed and payments to vendors made.
11. Email List - Signing this agreement also adds the participant’s email to the OBT email list.  The email list is not and will not be not shared or sold unless the entire company is sold.  If the entire company is sold the email list will only go to the buyer of the company’s other assets.
12. Tour Packet Delivery - Signing this agreement acknowledges that the participant will not receive the final tour packet or any other materials for the tour until their balance for all services to be provided is paid in full.
13. Transportation Inclusion - Signing this agreement acknowledges that the participant will not receive transportation beyond the tour start location and finish location as listed in the itinerary on the website and/or in the tour packet.  No transportation will be provided before the tour start date or after the tour end date to any destinations beyond the stated start location or end location.
14. Tour Change Fees - Signing this agreement acknowledges that the participant will incur additional fees if material changes are requested to the itinerary of the tour within 61 days prior to the initial requested tour start date.  Material changes include, but are not limited to, changes to tour dates, routes, accommodations, and location.  Additional fees will be 30% of total tour cost, including bike rental cost if bike rentals are made.
15. Foreign Currency Fluctuations - OBT pricing is based on the US Dollar/Euro exchange rate at a single point in time. Should the exchange rate rise to more than 1.5 USD/Euro, OBT reserves the right to implement a currency surcharge. Should you wish to cancel due to the currency surcharge, you will be subject to the appropriate cancellation fee as described within this agreement.
16. Guided Tour Rooming - For Guided Tours it is standard that two participants share a room. Participants of Guided Tours will be required to room with participants of the same sex if they do not register with a traveling companion. To guarantee a single room an additional single supplement fee will be charged per person as outlined in the tour itinerary. If OBT is not able to match you with a participant of the same sex to share a room during your stay, you will be charged the single supplement fee.
17. Services Provided - OBT acts only as an agent for various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services connected with this tour.  Such Services are subject to the terms and conditions of those suppliers.  OBT and their respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident which may be caused by the negligence, defect, default, of any company or person in performing these services.  Responsibility is not accepted for losses, injury, damages, or expenses of any kind due to sickness, disease diagnosis, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws & travel requirements, or other such causes. All services and accommodations are subject to the laws and regulations of the country in which they are provided. OBT is not responsible for any baggage or personal effects of any individual participating in the tours/trips arranged by OBT.  Individual travelers are responsible for purchasing a travel insurance policy if desired, that will cover some of the expenses associated with the loss of luggage, loss of personal effects, or inability to travel due to health issues, disease diagnosis, or governmental requirements or restrictions.
18. Risks - I understand the Released Parties cannot be expected to anticipate or control all of the risks associated with the trip and may need to respond to illnesses, accidents, injuries, and potential emergency situations.  Therefore, I hereby give my consent for any medical treatment, rescue, or evacuation services that may be required (as determined by Outfitter Bicycle Tours staff, contractors, medics, emergency personnel, or other medical professionals) during my participation in the trip with the understanding that the cost of any such treatment will be my responsibility.  I, for my heirs, personal representatives or assigns, agree to indemnify and hold harmless the Released Parties for any cost incurred to treat me, even if any of the Released Parties has signed medical care facility documentation promising to pay for the treatment due to my inability to sign the documentation. I, for myself, my heirs, personal representatives or assigns, further agree to release, waive, covenant not to sue, and agree to hold harmless for any and all purposes, the Released Parties from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, that may be sustained by me while receiving medical care or in deciding to seek medical care, including while traveling to and from a medical care facility, including injuries sustained as a result of the sole, joint, or concurrent negligence per se, statutory faulty, or strict liability of the Released Parties.

WAIVER OF LIABILITY, ASSUMPTION OF ALL RISKS,

AND ARBITRATION AGREEMENT

In consideration of the services of Outfitter Bicycle Tours,  its agents, shareholders, subsidiaries, affiliates, directors, successors, representatives, owners, officers, volunteers, participants, employees, assigns and all other persons or entities acting in any capacity on its behalf (collectively, “OBT”) and in further consideration of the opportunity to register for and participate in an OBT Tour, I have read this Waiver of Liability, Assumption of All Risks, and Arbitration Agreement (“Waiver”) and I agree to the following terms:

1. Consideration and Intent - I acknowledge that the cost of all OBT tours is based upon trip participants executing this Waiver.  I agree that this Waiver shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release OBT from any and all liability to the maximum extent permitted by law.

1. Assumption of Risk
1. I have voluntarily applied for, and plan to participate in, the OBT tour that I have selected.  I have read the tour itinerary and I understand the hazards involved, and I elect to participate in spite of the potential risks and hazards, which I understand may include, but are not limited to, the following: negligence in any manner on the part of OBT including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to bicycle selection or maintenance, the use, installation or maintenance of any optional or add-on equipment such as pedals, odometers, mirrors, bar ends, etc., in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; acts of God or force majeure, acts of war or civil unrest, health crisis (including a pandemic), insurrection or revolt, acts of government, strikes or other labor activities; physical exertion for which I am not prepared; falling, collision, upset, striking obstructions or other persons, unsafe speed of travel for conditions; dehydration; forces of nature; weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion); transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, pests or insects; negligence or willful misconduct by third parties; breakdown or failure of bicycles or other equipment; financial default of any supplier; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof; stolen, lost, or misplaced luggage or property; and theft or break-ins into vehicles, lodging rooms or elsewhere.
2. I understand that unforeseen circumstances, including but not limited to any of the above-described risks as well as the acts or omissions of third parties or other tour participants, can sometimes result in delays or itinerary changes that can result in the non-completion of certain tour inclusions.  I understand and accept the potential for such circumstances to cause delays or itinerary changes, including non-completion of tour inclusions. 
3. I certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume all costs that may be created, directly or indirectly, by any such condition.
4. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I hereby agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death.

1. Waiver of Liability - I hereby voluntarily release, waive, forever discharge, agree not to sue, and agree to indemnify and hold harmless OBT from any and all claims, demands, costs, losses, causes of action, liability, expense, obligation, damages, recoveries, or judgments, including interest, penalties and reasonable attorney's fees, which are in any way connected with my participation in the OBT tour; my acceptance and undertaking of the risks described in paragraph 2, above; my use of OBT's bicycles and bicycle equipment or facilities; or the accuracy, adequacy or completeness of the services provided by OBT, including any such claims which allege negligent acts or omissions of OBT or any claims seeking to hold OBT responsible for the acts or omissions of third parties.  To the extent that I may have claims that are derivative of my child’s claims, then it is my intent to waive and release those claims.
2. Arbitration Agreement, Governing Law, and Forum Selection
1. I agree that any dispute concerning, relating to, or referring to this Waiver, the OBT Terms and Conditions of Registration and Participation (“Terms and Conditions”), or any other contract, form, brochure, or other literature concerning my tour, or the tour itself (including but not limited to the acts or omissions of OBT or any tour participant)  shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association (“AAA”) in person in Buncombe County or Henderson County, North Carolina, United States of America. Such proceedings will be governed by the substantive law of North Carolina, without reference to any conflict of law rules.  Except for trips in North Carolina, the Motor Vehicle Code of North Carolina (Chapter 20 of the North Carolina General Statutes) will be inapplicable to my trip or any claim arising therefrom.  Nothing in this section shall require the parties to use the services of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable. I understand that I am giving up any right that I may have to a jury trial or to bring claims in court against OBT. I agree that payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, and that the arbitrator shall be entitled to award attorneys’ fees as permitted under North Carolina law Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
2. Should any party to this Waiver hereafter institute any legal action or administrative proceeding against the other by any method other than by binding arbitration as specified in this paragraph, then the responding party shall be entitled to recover from the initiating party all damages, costs, expenses, and attorneys’ fees incurred as a result of such action if the responding party prevails in having the legal action or administrative proceeding referred to arbitration in accordance with this arbitration provision. 
3. The venue for any court proceedings concerning, relating to, or referring to this Waiver, the OBT Terms and Conditions of Registration and Participation (“Terms and Conditions”), or any other contract, form, brochure, or other literature concerning my tour, or the tour itself (including but not limited to the acts or omissions of OBT or any tour participant)  shall be exclusively the federal or state courts located in the State of North Carolina, Buncombe County, United States of America. North Carolina’s substantive law shall apply to any such proceedings, without reference to any conflict of law rules.

1. Modification and Severability - This Waiver shall not be modified except in writing by each of the Parties.  If any portion of this Waiver is held to be invalid, the remaining portions shall continue in full legal force and effect. 

By agreeing to this Waiver, I hereby acknowledge that I have read, understand, and have had adequate opportunity to secure independent legal advice concerning its meaning and intent and based thereon have agreed to the provisions of this Waiver.  I understand that this Waiver, and the accompanying Terms and Conditions, are material consideration for my tour registration and participation, without which OBT would not agree to allow me to register or participate in a tour.

This Waiver is Accepted by OBT in Buncombe County, North Carolina.