Off-Road Waiver

Riders Share OFF-ROAD RELEASE Agreement

WHEREAS, Riders Share (“Company”) provides administrative and support services in the rental of vehicles between vehicle owners ("Owners") and Rider's Share account holders that enter into reservation agreements with Owners ("Renters"). Company is providing this agreement so Owners and Renters can establish and exhibit their acceptance of the terms of this Release, as they differ from the Riders Share Terms of Service, and supplement the reservation agreement.  Owners and Renters may be collectively referred to as (the “Parties”).

In consideration for being provided the ability to complete the reservation agreement, and rental activities with Owner-approved vehicles which Renter shall use for otherwise prohibited off-road (ex. off-pavement) use, each person signing below hereby stipulates and agrees:

1. Use of Vehicle for Off-Road Purposes. I understand and agree that Riders Share is responsible for facilitating on road online rentals. Renter may make off-road use of an approved vehicle where the Owner has specifically allowed for such off-road use and where the Renter has paid the Off Road Use Surcharge and accepted the terms of this Off Road Release. 
2. Assumption of Risk. I understand and acknowledge that offroad use may involve the risk that I the Renter may sustain serious injury, temporary or permanent disability, death, and/or property damage. Owner understands and acknowledges that by listing a vehicle for off-road use that there shall be a risk of additional damages to the vehicle.                               PARTIES  VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
3. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner related to off-road vehicle use. I acknowledge and agree that this Release is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained while or participating in the off-road rental.
4. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while participating in the off-road rental. 
5. Off-road Surcharge Renter shall be required to pay an additional Off Road Use surcharge to extend damage protection as designated by Owner. This surcharge shall be applied at the time the Parties enter into the Reservation Agreement. 
6. Permitted Vehicles Only Owners may only list vehicles for off-road use if the vehicle is designed and legally may be used for such purposes. For purposes of this waiver, permissible vehicles are defined as follows:

Adventure Motorcycle (ADV Motorcycle): Large-displacement or multi-cylinder motorcycles developed for on-road and moderate off road use. Any such motorcycle weight over 400lbs, having multiple cylinders, or above 500ccs qualifies as an Adventure Motorcycle. 

Dual Sport Motorcycle (DS Motorcycle): A dual-sport motorcycle is a type of light weight street-legal motorcycle that is designed for both on-road and off-road use. Any such motorcycle weighing less than 400lbs, having a single cylinder, and having 500ccs or less qualifies as a Dual Sport Motorcycle. 

OHV Motorcycle: An off-highway vehicle (OHV) is a motorcycle designed exclusively for off road use and not licensed for street use. 

Only Adventure and Dual Sport motorcycles may be listed and approved for Off Road Use via the Riders Share platform. OHV Motorcycles are still prohibited from being listed on the platform unless they are licensed and registered for street use in accordance with the standard Riders Share Terms of Service. All other listing requirements still apply.

1. Roadside Assistance Modifications

Beyond roadside assistance as discussed in the Terms of Service, when operating a vehicle off-road Renter shall be responsible for any additional fees required to successfully recover the vehicle from off-road location. If Riders Share's roadside assistance is unable to dispatch a recovery vehicle under standard rates, or is unable to dispatch a vehicle because of the location of the vehicle in an off-road area, Renter shall be liable for any additional costs up to the full costs of an alternative recovery vehicle.

In the event that the Renter abandons the vehicle, fails to return, or recover the vehicle, Renter will be liable for the selected deductible damage waiver as applies to a "stolen" vehicle, or in the event no damage waiver was selected, then the full value of the abandoned vehicle. 

1. Off-road Wear and Tear. 

Operating a vehicle off-road typically results in heavier wear and tear than regular street use. Off-road wear and tear is not covered by Riders Share. Please see Insurance Terms for more information.

Governing Law and Venue. This Release will be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release Liability agreement must be brought exclusively in any state or federal court located in Texas.

Off Road Insurance Options

The owner has the discretion at the time of listing the vehicle, and during the process of completing the booking to require Renter to select the Full Off-Road Insurance Package.

In so doing, the Owner agrees to reduced coverage against minor scratches and cosmetic damages that may take place during an off-road rental, and broader definition of normal wear and tear.

Offroad Insurance Plans are as follows:

 
Plan Selected Fee

Limited Off-Road

Premium 40%

Standard 30%

Commercial 15%

Full Off-Road
Premium 0%

Standard 0%

Commercial 15%

Normal Off-Road Wear and Tear. 

Operating a vehicle off-road typically results in heavier wear and tear than regular street use. Off-road wear and tear is not covered by Riders Share, and Owner may recover for damages outside the scope of normal use at a rate to be designated by Owner, unless an off-road insurance plan is selected as discussed in the next section.

For normal purposes, unless an off-road insurance policy is active; off-road wear and tear shall be defined as follows:

• Tire sidewall cracks or deprecated tread from use over time;
• Off-road wear and tear shall be applied to the whole rental period, regardless of an incident happening on-road or off-road.

Off-Road Insurance Additional Exclusions

As a general rule, Off-Road insurance policies, carry the following Mechanical Breakdown Exclusions. You are hereby advised to review the Insurance Terms to find out what terms and exclusions are applicable to your off-road rental- only if applicable.

• Parts that are subject to wear under normal riding conditions. Including, but not limited to: battery, battery cables, springs, shocks, spark plugs, spark plug wires, filters, hoses, pipes, lines, nuts, bolts, hardware, drive chains, sprockets, belts, valve seals and guides, any and all fluids, lubricants and reservoirs, fuses, relays, brake pads, brake shoes, brake rotors and drums, light bulbs, instrument cluster and instrument cluster lighting, radios, amps, speakers and wiring, seats, remotes, key fobs, satellite GPS receivers, TPMS sensors, tires, wheels or rims.
• Any repair covered by any factory or dealer warranty, repair facility guarantees or other insurance coverage
• Non-factory or aftermarket performance parts or equipment
• Any repair when it is reasonably determined that there is a mechanical probability that the condition causing the failure existed prior to the start of the booking.
• Any repair if a non authorized performance part or equipment caused or contributed to the breakdown
• Repairs prohibited by federal, state or local law, regulation other authority or agency
• Expenses for any maintenance service specified in your owner’s manual, fuels, lubricants and improper repairs
• Minor loss of fluid or seepage from any seal or gasket is considered normal and is not considered a failure.
• Any repair cost: if (I) if the odometer has been altered, disconnected or is inoperable so that the miles traveled can not be accurately determined . (II) if the motorcycle's factory warranty has been voided for any reason: or (III) if you fail to provide all maintenance records for routine maintenance relating to covered parts that sustain a breakdown.
• Negligence, error, or omission on the part  of any servicing dealer, repair facility or provider of roadside assistance.
• Any service that the manufacturer recommends pursuant to a service bulletin or recall notice that applies to your motorcycle, and any breakdown of an otherwise covered part if you fail to have the motorcycle repaired pursuant to a notice of recall or service bulletin and such repair would have prevented the breakdown.

Governing Law and Venue. This Release will be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release Liability agreement must be brought exclusively in any state or federal court located in Texas.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS ON MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.