BOOKING AGREEMENT

The following terms and conditions form an integral part of the booking agreement entered into between the participant and REDCLAYDUALSPORT,LLC (a South Carolina limited liability corporation hereinafter referred to as "Rcds").
Rcds reserves the right to accept or deny any person from participating in our ride services.
TERM DEFINITIONS:
-"Redclaydualsport Agreements" means all terms and conditions found in the BOOKING AGREEMENT,MOTORCYCLE RENTAL AND RIDE AGREEMENT,WAIVER OF LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT,any addenda and any additional materials provided by Rcds and that you accept and sign.
-"Ride Date","Booking" means the hour, day, month and year of a Rcds Ride that can be reserved with the payment of a deposit.
-"I","You","Your","Participant" or "Buyer" means the person submitting payment to book a Ride Date. 
-"We","Our","Us" or "Rcds" means REDCLAYDUALSPORT,LLC.
-"Motorcycle" means the motorcycle identified in the MOTORCYCLE RENTAL AND RIDE AGREEMENT and any motorcycle we substitute for it,and all its tires,tools,accessories,equipment,keys and documents.
CONDITIONS: 
All Rcds Motorcycles operate with a single occupant.
PARTICIPANT SKILL AND EXPERIENCE. Rcds dualsport Motorcycle rides include travel on dirt,gravel and paved roads through mountainous terrain. When you book a Ride Date you represent and guarantee that you have the experience and skill necessary to safely operate a 300+ lb. dualsport motorcycle on a variety of road surfaces.
REQUIREMENTS TO PARTICIPATE. All participants must:
- be a minimum age of 21.
- possess a current and valid state issued or international drivers license with a motorcycle endorsement.A beginner's permit is not acceptable.
- agree to wear a DOT approved motorcycle helmet regardless of state law.
- agree to wear protective riding gear to include,at minimum,eye protection and padded coverage of the back,shoulders,elbows,hands,knees and shins plus over the ankle sturdy boots.
- not exceed the Zeromotorcycles FX maximum weight capacity of 341 lbs (155 kg).This weight includes your clothes,helmet,protective riding gear,personal property,food and water.
-pay a Booking Deposit of $100
-purchase basic liability insurance through our insurance provider for $15 per day. A Rental Operators Policy Number is included in the booking confirmation email to facilitate this purchase.
-pay the balance on site with major (visa, mastercard, discover, american express) credit (not debit) card or cash (U.S.).
-provide a Motorcycle Damage Security Deposit of $1200 on site with authorization of a major credit (not debit) card or cash (U.S.).
IDENTIFICATION OF RIDE PARTICIPANT. With the booking of a Ride Date and the payment of a Booking Deposit,the buyers name,email address and order number are assigned to your Ride Date.This purchase can be redeemed as partial payment for a ride by the named rider ONLY.
BOOKING CHANGE, CANCELLATION AND REFUNDS. You can change or cancel your booking prior to 7:00:01 PM Eastern Standard Time (38 hours) before your Ride Date. Cancellation refunds will be processed within 10 business days.
CANCELLATION OF BOOKING AGREEMENT AND REFUNDS. Rcds will be released from obligations under the BOOKING AGREEMENT if a cancellation is based on exceptional and unforeseeable events and the consequences of which could not be avoided. If the Ride Date is canceled by Rcds, we will refund the deposit to the Participant.In that case,Rcds is not responsible or liable for any additional costs,losses and inconvenience to the Participant as a result of the cancellation.This includes,but is not limited to the cost of airline tickets,hotel reservations or auto rentals.We recommend all Participants protect their trip investment by purchasing travel insurance.
ACCEPTANCE OF BOOKING AGREEMENT. By submitting payment of the Booking Deposit and receiving a confirmation of payment from us,you agree to be familiar with this BOOKING AGREEMENT and to accept it as a legally binding contract between you and REDCLAYDUALSPORT,LLC.

MOTORCYCLE RENTAL AND RIDE AGREEMENT (hereinafter referred to as "MRRA")

Rcds reserves the right to accept or deny any person from participating in our ride services.
RENTAL AND INDEMNITY. Rental motorcycles are provided by Rcds and are included in the cost of our ride services. This MRRA is a contract for the rental of the Motorcycle for the duration of the Rcds ride services. You agree to indemnify, defend, and hold Rcds and its agents or employees harmless from all claims, liability, costs and attorney fees arising from your rental and use of the Motorcycle and brought by any individual or entity. 
DEPOSITS. A Motorcycle Damage Security Deposit of $1200 is required before the ride begins.You are responsible for any physical and mechanical damage to the Motorcycle, regardless of the cause of the damage, normal wear and tear excepted, and you agree that we may use your Motorcycle Damage Security Deposit to pay for any damage or recovery costs. The cost of physical and mechanical damage will be calculated in accordance with the Replacement Parts and Labor Price List provided by Rcds including $50/hour labor, parts at $msrp, 2.9% credit card processing fee, $150 motorcycle recovery fee. During the ride we are not obligated to replace a damaged Motorcycle.
PROHIBITED USES. The following uses of the Motorcycle are prohibited and constitute breaches of this MRRA and can result in the immediate dismissal of the Participant from the ride, impounding of the Motorcycle, and loss of all payments by the Participant. You agree not to operate the Motorcycle:
- in an unsafe manner that creates a hazard to yourself, the group, third parties, and/or Rcds’ employees, agents, or representatives.
- while under the influence of any drug, alcohol or medicines that affects your ability to safely operate a motorcycle.
- if you obtained the Motorcycle by giving us false, fraudulent or misleading information.
- outside of the established route as defined by Rcds, its representatives and employees.
- to travel on any road, trail, or path deemed as illegal to motorized travel, be there signage or not.“Off-roading” is strictly forbidden.
You agree that the acts, listed above, are prohibited uses of the Motorcycle and that your violation of any of these prohibitions constitutes your breach of this MRRA. By signing this MMRA and committing a breach you are agreeing to waive any and all recourse you or anyone on your behalf may have against Rcds for any criminal reports or civil prosecutions that may be made or taken against you arising out of your breach. You agree that with your breach of this MRRA you shall incur unlimited liability for damage to the motorcycle and you shall forfeit your Motorcycle Damage Security Deposit. In addition, you agree that Rcds has the right to terminate your ride.
REFUNDS. No refunds are provided if your ride is terminated early due to an accident, inability to continue, dismissal from a ride, or breach of this MRRA.
INSURANCE. You are responsible for all damage or loss you cause to the Motorcycle and to others. All Rcds rentals require that you purchase a $15 USD a day Basic Liability Insurance (BLI) coverage through our insurance provider; said BLI coverage is the minimum requirement for Rcds Motorcycles to be legal on the road and is required regardless of any private insurance held by the renter. Said BLI coverage provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss and is in addition to any other valid and collectible insurance you may have, whether primary, secondary, excess or contingent that the renter may have and contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no fault, uninsured and under-insured motorist coverage; to the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law.
Our insurance provider also offers access to a Supplemental Liability Insurance (SLI), which is an additional $6.95 Per Day.  An SLI policy provides you with coverage for the difference between that provided in the BLI policy (minimum requirement is the state financial responsibility mandated by the applicable insurance jurisdiction) and $300,000 USD. The SLI Property Damage limitation is $50,000 USD on any claim and this limit is included in the total liability limit of $300,000 USD. Policy limits are in excess of any/all valid and collectible underlying insurance. If there is any other valid and collectible insurance in effect (i.e. personal automobile liability coverage) then the available protection under the SLI coverage would be reduced by the amount of the underlying insurance.
PARTICIPANT RESPONSIBILITY. Our Motorcycle riders travel as a group. You agree to travel with and as a part of the group, to consider the safety and welfare of the group in your decisions, and to stop at intersections to reconnect with your fellow riders.
You agree to obey the local road traffic regulations and to bear any penalties,fines or charges imposed by law enforcement officials.
In the event of an accident involving third parties and/or injuries in which you are involved, you agree to: (a)promptly report all accidents to Rcds and to law enforcement, if necessary; (b) complete an Rcds incident report form; and (c)provide Rcds with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the rental Motorcycle.
Coverage under the BLI policy shall be void if you give the Motorcycle to an unauthorized driver or if you otherwise materially breach this MRRA; or if you fail to cooperate in a loss investigation by the insurance company that issued the BLI policy or if you fail to file a timely and accurate incident report to Rcds and/or law enforcement.
REDCLAYDUALSPORT RESPONSIBILITY. Rcds is responsible for providing the services offered in our literature. In the unlikely event of a mechanical failure in the Motorcycle from normal use it is our responsibility, at our discretion to either provide another Motorcycle for you to ride or deliver you to our base and provide a full refund.
YOUR PROPERTY. You release Rcds, its representatives and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Motorcycle.
PERSONAL INFORMATION. You agree that we may disclose personal identification information about you to applicable law enforcement agencies or to other third parties in connection with the enforcement of our rights under this MRRA.
PHOTO AND VIDEO MATERIAL. You agree that photos and videos produced by Rcds, its representatives and employees during a ride are the property of Rcds and copyrights remain with us. You agree that we can use this material for promotional and advertising purposes, including images in which individual Participants can be recognized, without any charge or liability to Rcds for the use of this material.
MISCELLANEOUS. No term of this MRRA can be waived or modified except by a writing that you and Rcds have signed. This MRRA,  the Waiver, Booking Agreement, Privacy Policy, and our literature constitute the entire agreements between you and Rcds. A waiver by us of any breach by you of these agreements shall not be considered a waiver of any additional breach by you or waiver of the performance of your obligations. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this MRRA does not constitute a waiver of any of these agreements. You hereby release Rcds from any and all liability for consequential, special or punitive damages in connection with this rental of a Motorcycle and involvement with Rcds. If any provision of this MRRA is deemed void or unenforceable, the remaining provisions are valid and enforceable. Disputes shall be settled by the courts of Oconee County, S.C., using S.C. law.

WAIVER OF LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
REDCLAYDUALSPORT,LLC(a South Carolina limited liability corporation)

In addition to the payment of fees to REDCLAYDUALSPORT,LLC and in consideration for using Motorcycles owned by REDCLAYDUALSPORT,LLC and participating in the ride services provided by REDCLAYDUALSPORT,LLC I hereby agree,consent and represent as follows:

AGREEMENT

- I agree to abide by Redclaydualsport’s Covid precautions.
- I understand that operating a Motorcycle is an activity that precludes and contains considerable risk of serious personal injury, paralysis, dismemberment, property damage, loss, and possible death.
- I understand that I may encounter riding conditions and roads that I have not traveled before, have no prior knowledge of, and therefore I will ride in a manner that is considered safe for those riding conditions.
- I am not relying on any representations made to me by any employee or representative of REDCLAYDUALSPORT,LLC as to the upcoming riding conditions or my own riding abilities.
- I understand and agree that REDCLAYDUALSPORT,LLC, its representatives and employees are not guarantors or guardians of my safety and that I am responsible for my safety.
- I understand and agree that should emergency rescue evacuation become necessary, these expenses are my sole responsibility and not those of REDCLAYDUALSPORT,LLC, its representatives and employees or any other public or private entity.
- I hereby knowingly and freely accept the risks of all personal injury and property damage to both myself and to others arising from my participation in this motorcycle ride.
- I hereby release,waive,discharge,hold harmless and agree that my dependents,heirs,successors,executors and assigns do release,waive,discharge and hold REDCLAYDUALSPORT,LLC, its representatives and employees harmless and shall indemnify REDCLAYDUALSPORT,LLC, its representatives and employees from any and all claims,whether civil or criminal,including claims of death,bodily injury,illness,property damage or loss however caused,arising from or related to the motorcycle ride and arising from this agreement.

PRIVACY POLICY

Redclaydualsport does not share, trade, or sell your personal information with anyone.
Any personal information collected via the registration, newsletter or contact pages will be kept strictly confidential.
We do not use tracking cookies.
We do not allow third party behavioral tracking.
All monetary transactions are processed through a gateway provider and are not stored or processed on our servers.
Users can visit our site anonymously.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via email within 7 business days.
We collect your email address in order to:
• Process your bookings and send you information and updates pertaining to your bookings.
• Send information, respond to your inquiries, requests or questions.
• Market to our mailing list or continue to send you emails after the original transaction has occurred.
We will identify the message as an advertisement in the subject line of the email and will NOT use false, or misleading subjects or email addresses.
If you would like to unsubscribe from receiving future emails follow the instructions at the bottom of each email and we will promptly remove you from our mailing list and from ALL correspondence.