Explorify Rentals Chicago LLC (IL entity: 9062289, EIN 88-0817119) or Explorify Denver LLC or Explorify Rentals Las Vegas LLC (NV entity: E23417482022-0, EIN 82-2598938) or Explorify Rentals Los Angeles LLC (CA entity: 202024710374, EIN 88-0712910) or Explorify Rentals New Orleans LLC or Explorify Rentals Orlando LLC (FL entity: L20000396628, EIN 88-0762419) (all six separate individual legal state-based entities; your legal rental provider is dependent on local pick-up location = station where you pick up your vehicle)
These terms and conditions (the “Terms & Conditions”) govern all purchases and sales of rentals, tours, services and
products between Explorify Rentals Orlando LLC, 801 E Donegan Ave, Kissimmee, FL 34744, a Florida corporation (FL
entity: L20000396628, EIN 88-0762419) or Explorify Rentals Chicago / Denver / Las Vegas / Los Angeles / New Orleans LLC
(all six separate individual legal state-based entities; your legal rental provider is dependent on pick-up location),
and all their dealerships and subsidiaries, hereafter referred to as “Explorify” “We” or “Us”, and the “Customer”,
hereafter referred to as “You” or ‘Your”. These Terms and Conditions, along with Your order, confirmed by a written
order confirmation and/or rental agreement, and/or invoice, with payment plan, constitute the entire contract between
You and Explorify. By placing an order with Explorify on our website explorify.com and/or www.explorifyrentals.com (also referred to as “Web Shop”) You agree to be
bound by these Terms and Conditions as well as the terms and conditions of Explorify Rentals Chicago/Denver/Las
Vegas/Los Angeles/Orlando/New Orleans/ Montana LLC (all separate individual legal state-based entities), Explorify
Rentals LLC, Explorify Tours llc, Explorify LLC, Explorify AS/AB, and all the companies’ and/or partners that will be
used to deliver the services and products included in Your order. These Terms and Conditions affect Your legal rights
and obligations. If You do not agree to be bound by the Terms and Conditions, do not place an order with Explorify on
our website; explorify.com.
Our “Rentals”, “Guided Tours”, “Self-drive Tours”, “Road Trips” and “Custom Tours”, all have specific terms and
conditions covered under separate sections in Terms and Conditions. No agent, employee or representative of Explorify
is authorized to waive our Terms and Conditions, or requirements stipulated by the laws and regulations under which
Explorify operates.
These Terms and Conditions and other information on explorify.com and/or www.explorifyrentals.com are only available in English. We reserve the
right, in our sole discretion, to change these Terms and Conditions from time to time without notice. It is Your
responsibility to review the most current version of our Terms and Conditions on our website explorify.com and/or www.explorifyrentals.com before placing Your order. Any changes to the
Terms and Conditions will be effective as of the time of posting on our website and will apply to any order placed from
the date of posting forward. While we strive to ensure that all information on our website is updated and accurate,
Explorify disclaims any liability for any loss, direct or indirect, arising from the use of, or reliance on, such
information.
YOU will be notified about all information regarding YOUR booking via the e-mail address or phone number given in YOUR
reservation. It is YOUR responsibility to ensure that YOU provide Us with YOUR most current e-mail address and
phone number. It is also YOUR responsibility to “whitewash” OUR e-mail tours@explorifyrentals.com from your spam filter, since it will be used
to send you all necessary info regarding your reservation.
GENERAL TERMS
To make a purchase on explorify.com and/or www.explorifyrentals.com you must be 21 years old, have at least one year
of driving experience on a heavy motorcycle or car, as applicable, a driver’s license valid for the operation of the
subject vehicle and a credit card from a major card company (Visa, MasterCard, Diners, American Express, etc.). No debit
and/or pre-paid cards are accepted.
By placing an order on explorify.com and/or www.explorifyrentals.com You agree to our Terms and Conditions as set forth
on Our web shop, and any other document that you sign; You acknowledge that you had an opportunity to read and
understand the entire Agreement before signing. You authorize us to process a separate credit/debit card voucher in your
name for all Charges, including Tolls and Violations; and authorize us to release your billing/rental information to
third parties for billing/processing purposes. All Charges are subject to final audit. You declare that You have a valid
driver’s license authorizing you to operate the vehicle you are renting for the entire rental period. Explorify shall
not be liable for any losses resulting from refusal to approve/accept your driver’s license. You covenant and declare
that you carry appropriate levels of travel and medical insurance coverage for the entire rental period.
You fully agree that failure to return rented property or equipment upon expiration of rental period and failure to pay
all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to
redeliver the property, punishable in accordance with section 812.155, Florida statue, and where you automatically will
bear the full responsibility of the full value of your rental vehicle.
You fully agree that the valid and collectible liability insurance and personal injury protection insurance of any
authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage
required by §§ 324.021(7) and 627.736, Florida statues.
Consumer purchases are regulated by Consumer & Marketing law, the Personal Data Act, E-Commerce Act, Credit Act.
Where these Terms and Conditions require authorization in writing, that requirement is fulfilled when such authorization
in conveyed via email or other digital media.
“Rental Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page,
the WAIVER OF LIABILITY (sect 13) and MOTORCYCLE RENTAL RELEASE OF LIABILITY (sect 18)
and Acknowledgement and Assumption of Risk (sect 19), any addenda and any additional materials WE
provide at the time YOU make a reservation on OUR web shop and/or that YOU sign at the time of rental (vehicle pick-up).
“You” or “your” means the person identified as the renter on the reverse, any person
signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or
the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
“We“, “Our” or “Us” means Explorify, our subsidiaries, affiliates
& partners. Authorized Driver means the renter and any additional driver listed by us on this
Agreement, provided that each such person has a valid operator’s license for the type of vehicle rented and is
at least 21 years of age. Authorized Drivers are the only persons permitted to operate the Vehicle.
“Vehicle” means the motorized “power sport” vehicle (e.g., motorcycle, scooter, ATV, LSV, UTV, dirt
bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we substitute for it, and all its
tires, tools, accessories, equipment, keys and vehicle documents. “Loss of Use” means the loss of our
ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without
limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees.
“Diminished Value” means the difference between the fair market value of the Vehicle before damage and
its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf.
“Charges” means the fees and charges that are incurred under this Agreement. “Rental
Period” means the period between the time you take possession of the Vehicle until the Vehicle is either
returned to or recovered by us and checked in by us.
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if
the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us
harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and
your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty
of merchantability and no warranty that the Vehicle is fit for a particular purpose.
Vendor: Explorify Rentals Orlando LLC or Explorify Rentals Chicago/Denver/Las Vegas/Los Angeles/New
Orleans LLC (all six separate individual legal state-based entities; your legal rental provider is dependent on pick-up
location)
Address: 801 E Donegan Ave, Kissimmee, FL 34744 (legal address varies for each legal entity),
Tel: +1 (800) 284-8482, Email: tours@explorifyrentals.com.
Customer: The person(s) identified as the customer on the order is/are responsible for providing
correct personalia, valid email addresses and telephone numbers, and whitewash our e-mail address.
Tel: +1 (800) 284-8482
E-mail: tours@explorifyrentals.com
Internet: explorify.com and/or www.explorifyrentals.com
To ensure a secure customer experience when ordering on our Web Shop, we have developed the following process:
* Select “Rent a motorcycle”
* Specify your itinerary (pick-up/drop-off dates, locations and times)
* Select bike model
* Select add-ons
* Reserve your motorcycle (check-out)
* Select payment method
* Order confirmation & Payment receipt (will be sent you)
Most of our rentals & tours are ticketless. When booking a rental, product or service, You must provide Your email
address and (mobile) phone number. It is important that Your contact information is accurate and up-to-date as
it is our only way to get in contact with You and notify You of any important changes to Your order.
5.1 Responsibility, Order and Contract Process
Your order becomes binding when the order is registered in our Web Shop on our server (and Your order does not deviate
from the terms offered on our Web shop) and We issue written confirmation of Your order. Read the order confirmation
carefully when You receive it to ensure that the confirmation follows your order. Please keep the confirmation for Your
records.
If our order confirmation includes products and/or services not stated in Your order or otherwise set forth on our Web
Shop, you should consider our confirmation a new offer which You may decline or accept. If you want to accept this
offer, so indicate by return email. If the new terms proposed are not acceptable to You, please also so indicate by
return email. In that instance we will make every effort to satisfy the terms of Your original order, which again, must
be confirmed by Explorify in writing. If you do not send us a return mail withing 3 business days, we will consider it a
confirmation of your acceptance of the new offer.
Remember that Your username with Us is the email address you provided when ordering.
Please note: it is Your responsibility to submit your name exactly as it is
written/registered on your Driver’s License/Government ID (US customers) or passport (international customers); all
names and letters included and in the correct sequence.
Explorify reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service
to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit
card order, You grant Explorify permission to contact Your bank to verify name and address.
5.2 YOUR REPRESENTATIONS
By placing an order on explorify.com and/or www.explorifyrentals.com, You accept our Terms and Conditions, and
represent that (i) You are at least 21 years of age and in sound medical condition; (ii) You understand that unique
risks are involved in motorcycle riding; (iii) You possess the skill, knowledge, confidence and experience on
motorcycles, both size & models, to operate the rental motorcycle/vehicle in a safe manner; (iv) You will not
operate the motorcycle without wearing appropriate safety gear: (DOT Helmet, Eye Protection), closed toed shoes, and
long pants at all times, and to hold passengers to the same standard of safety protection; (v) You possess a valid
driver’s license (including an international driver’s license if applicable) authorizing you to operate the vehicle you
are renting for the entire rental period, (VI) You represent that Your license qualifies You to operate a motorcycle in
the state or country of Your permanent residence with the same rating as the Motorcycle; (VII) You will follow all rules
of the road. Infractions will be the responsibility of the driver, including but not limited to moving violations,
parking tickets, etc. (VIII) You are not under the influence of an alcoholic beverage or a controlled substance or any
prescription or nonprescription drug which could impair Your ability to operate the motorcycle, nor will You not consume
such while operating the vehicle, (VIIII) You agree not to operate the motorcycle in a test, race or contest, on
unpaved roads or in a reckless manner. (X) You agree to return the motorcycle at or before the check-
in time, without damage, and with a full tank of fuel or face applicable late fee/repair/refueling
charges.(XI) You possess a valid credit card with the necessary coverage for your insurance and/or LDW
deposit or similar ($100-$2.500) (No Debit or Pre-paid cards are accepted). (XII) You declare that Explorify shall not
be liable for any losses resulting from the Rental Agency’s (vehicle owner’s) refusal to approve/accept your driver’s
license and/or your credit card/method of payment. (XIII) You covenant and declare that you carry appropriate levels of
travel and medical insurance coverage for the entire rental period. (XIIII) You covenant and declare that you are
responsible for obtaining all necessary travel documents, including visas (e.g., Esta for the United States) and
passports that apply to travel in all countries you want to contact and/or stay in during your travel and/or any related
travel.
5.3 Vehicle Rentals includes
– Motorcycle or car rental for 24 hours, rates vary according to model choice & seasonality.
– Unlimited mileage.
– SLI insurance (state minimum required by law)
– Helmet rental (open half shell helmet). We encourage You to bring Your own helmet for comfort and style.
– Storage of Your luggage, airline tickets, and other valuables free of charge; at Your own risk.
Exclusion & Optional add-ons:
– Sales Tax & Government fees/Taxes
– First choice of motorcycle model
– One-way fees
– Loss Damage Waiver (LDW) & Deposit/Authorization for vehicle rental ($100-$2.500 dependent on waiver choice)
– Vehicle (mc or car) insurance, SLI and LDW upgrades (rates vary according to choice of waiver & vehicle)
– Pick-up and transport between motel and motorcycle rental location
– Roadside assistance
– Pre-paid fuel
– Travel and cancellation insurance
– All other items/products/services not specified in “Included”
5.4 Deposit & Payment
Payment of Your purchase can be made using a major credit card or by bank wire transfer payment (Please note: No
Debit Cards and/or Pre-paid cards are accepted). By clicking “Place order/Confirm Reservation” at checkout,
you give US permission to charge your card(s) according to the specified payment plan below. You also authorize US to
re-initiate any charge(s) to your card(s) that is dishonored for any reason. When Your booking is confirmed, Your card
account will be charged as provided below, or, if paying by wire transfer, payment is due on the schedule provided
below. If Your credit card company rejects the subject charges, We reserve the right to cancel Your rental reservation
and charge a cancellation fee.
A 20% Deposit is required to confirm Your total order, or a minimum USD 300 – per vehicle.
The remaining balance of Your total purchase (“Balance”) shall be paid no later than 40 days before
vehicle pick-up.
If You order additional products or services, You will receive an additional payment or invoice for this order.
Credit Cards
We accept VISA, MasterCard, American Express, Discover, Diners Club, JCB, and Cash.
Security deposit/Authorization
When You pick up your rental vehicle a security deposit (Authorization Only) must be reserved onto your major credit
card before You get the vehicle assigned. The deposit amount will vary depending on the coverage you choose, but will
normally be in the range of $100 to $2.500 (per vehicle). Deposits will be refunded/released in full if you return the
vehicle undamaged unless required per Terms & Conditions. We are not responsible for exchange rate fluctuations.
If You want to pay the remaining “Balance” with another credit card or wire transfer, please contact
us at tours@explorifyrentals.com and make arrangements before the remaining
balance due date.
Payment by Wire Transfer – All wire transfer fees are to be paid by customer.
Company Name: MC-Rentals LLC
Bank Name: Wells Fargo Bank, N.A
Bank Address: 420 Montgomery, San Francisco, CA 94104, USA
| Domestic Routing Number: 121000248 | Account Number: 2185737588 |
| International SWIFT/ BIC code: WFBIUS6S |
Please send a payment notification email to tours@explorifyrentals.com after
completing payment.
NB: Please note that we will not send You receipts or payment confirmation for wire
transfer payments, but we will update Your booking/account on “My Page”. We will notify You if we are missing
payments from You.
5.5 Charges.
You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit
(“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or
Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the
completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the
excess, which may not be immediately released by the card issuer. You will pay us, or the appropriate
government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage
for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is
tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d)
fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) tolls (“Tolls”) and Toll,
parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to
pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative
fee of up to $50 for each such Toll or Violation; (g) all expenses we incur in locating and recovering the Vehicle if
you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs,
including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights
under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on
all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check
returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially
less clean than when rented; and (l) a fee of up to $250 if you lose the keys to the Vehicle. All Charges are subject to
our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges
with the payment card issuer.
5.6 Cancellation and No-show
All reservations are final. Deposits are non-refundable. In case of illness where You obtain a doctor’s verification,
Your travel insurance may cover non-refundable fees (less any applicable deductible).
Your reservation may be cancelled up to 30 or more days prior to the pick-up date with no charge.
Rentals which are cancelled between 30-21 days before pick-up time will be applied a 30% cancellation fee of the total
booking. If Your booking is canceled between 20 – 11 days before pickup time, a cancellation fee of 60% of the total
booking will be applied. If Your booking is cancelled within 10 days from pickup time, or if You do not show up, a
cancellation fee of 100% will be applied. Refunds, if applicable, will be issued in a form of store credit that can be
redeemed within 1 yr. from the date it was issued. Requests for refunds will be reviewed by Us, at our sole discretion.
Please note: If the full amount of Your order is not paid 31 days before departure, Your rental is
considered as not paid and Your order will be cancelled and removed from our systems. Any amount already paid will not
be refunded, and we reserve the right to charge a cancellation fee
We strongly recommend that You obtain travel and/or cancellation insurance, which may cover Your loss in case of
unexpected events.
5.7 Store credit
Store credits are personal and may only be used for reservations booked by and for that specific individual. Store
Credits can only be used once per payment and expire 1 year after the issuing date. Store credits can only be applied at
locations within the same country as the original booking
5.8 Vehicle model substitution
Any reservation made within 72 hours of pickup is subject to availability. We will make available the vehicle class you
have booked, but the model may vary. We reserve the right to provide a substitute vehicle for the one which is confirmed
in Your order. This may be necessary due to unexpected and/or unpredictable events. In such case, we will provide an
equivalent or better model than requested in Your order. This constitutes the maximum liability of Explorify.
5.9 Model Guarantee
If you choose Model Guarantee, you can be sure our that the model you selected will be available upon your arrival.
5.10 Vehicle orientation
You will receive orientation of the motorcycle model you are renting. The orientation will cover all aspects of safe
motorcycle operation, the maintenance responsibilities, local and state laws.
5.11 Fuel
Fuel costs are Your responsibility. We claim no responsibility for motorcycle fuel consumption and mileage. You will
receive the motorcycle with a Full Tank of fuel and is responsible to return the motorcycle with a full tank of fuel.
You may prepay for fuel refill. If prepaid fuel is not purchased and vehicle needs refueling, a $45 charge will be
added.
Please note: most of our vehicles require premium fuel and filling with lower octanes may damage their engines.
5.12 Additional Rider
Additional driver is permitted at extra charge according to the LDW option you have chosen. The minimum age for an
additional driver is 21 and a valid motorcycle license is required. Additional drivers must meet the same rental
qualifications as the renter. Additional drivers must appear at the rental counter with the primary renter. There will
be an additional charge of $29-39 per day for each additional authorized driver, unless other contractual conditions
apply. There is a limit of two additional drivers per rental contract. A spouse or domestic partner is the only
permitted additional driver on non-credit card deposit. Additional drivers must be 21 or older
5.13 Maintenance Responsibility
You are responsible for checking engine oil levels at each refueling and reporting mechanical failures immediately to
Explorify. You may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to
provide normal maintenance.
5.14 Restrictions & Cross-Border Policy
A Violation of the listed restrictions voids all Theft & Damage Waivers (sect. 5.20), and You will be held liable
for damages. Road Restriction: Rental street motorcycles are not allowed on gravel roads, beaches, logging or
other non-public roads. Canada & Mexico Restriction: Clients cannot enter Canada & Mexico on a USA bike
without written authorization. Furthermore, additional insurance is required. Death Valley WARNING: Entering
Death Valley during the months of June, July and August is dangerous and not recommended.
5.15 Pick-Up Time
Pick-up of Your rental motorcycle is accepted during the rental location’s business hours. Pickups are not honored after
4:30 pm.
5.16 Return policy/Late return
Return Time of rental motorcycle is accepted during the rental location’s business hours. One rental day is based on a
24-hour rental period starting from the time of pick-up. For rentals, we apply a 59-minute grace period for returns. If
you return the vehicle more than 59 minutes from the scheduled drop-off date and time, you will be charged a $25 per
hour late fee, up to an additional rental day. Vehicles that are returned after hours, or when the store location is
closed, will not be checked-in until the next business day. Customers are responsible for the vehicle until the check-in
is completed on the next business day. No refunds for early motorcycle returns are granted.
5.17 Insurance and Protection
Beyond the insurance provided through your rental agreement, you are responsible for any damage or loss you cause to the
vehicle and others. With your rental vehicle will be provided an insurance policy (“Policy”) that covers
motorcycle/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. Any insurance we are required to provide is excess to any other valid and collectible insurance
whether primary, secondary, excess, or contingent. The Policy 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. You must: (a) report all damage to us and all accidents to us and the police
as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any
service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle.
Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this
Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report. You are
not insured for vehicle Damage or Theft. We offer several options from upgrading your Liability or Damage Waiver (sect.
5.20). Please carefully check your insurance coverage with your insurance provider and/or from your credit card company.
Because motorcycle rentals are considered an exotic rental most credit cards and insurance do not provide the same
coverage as they do with normal car rentals.
You understand that insurance coverage does not apply when the vehicle is operated by persons other than the
Renter or if the Renter operates the vehicle while under the influence of drugs or alcohol and Renter will be
personally responsible for all claims and damages resulting from such operation.
You are not insured for vehicle Damage or Theft! We offer several options from upgrading your Liability
coverage or Damage Waiver (sect. 5.20 and 5.21). Please carefully check your insurance coverage with your insurance
provider and/or from your credit card company. Because motorcycle rentals are considered an exotic rental most credit
cards and insurance do not provide the same coverage as they do with normal car rentals.
5.18 SUPPLEMENT LIABILITY INSURANCE (SLI)
Supplemental Liability Insurance (SLI) is offered at the time of rental for an additional daily charge, and provides
supplemental third-party liability insurance at limits excess of state-required minimum financial responsibility limits.
If accepted, SLI provides the renter and authorized drivers with up to $300,000 combined single limit for third party
liability claims. If the renter accepts SLI, Explorify provides third party liability protection up to the applicable
minimum financial responsibility limit and our insurance provides excess third party liability insurance coverage from
the applicable minimum financial responsibility limit to $300,000. SLI is subject to the terms, conditions, provisions,
limitations and exclusions in the supplemental rental liability insurance excess policy underwritten. The purchase of
SLI is optional and not required to rent a vehicle. The coverage provided by SLI may duplicate the renters existing
coverage. Explorify is not qualified to evaluate the adequacy of the renters existing coverage; therefore the renter
should examine his or her personal insurance policies or other sources of coverage that may duplicate the coverage
provided by SLI. Note: SLI is supplemental and secondary to all other available insurance where permitted by law.
Note: SLI does not cover damage to other Explorify vehicles. Note: SLI
is only available at participating license US locations. We offer an SLI $300,000 Upgrade Coverage.
5.19 Roadside assistance
Roadside Assistance Coverage provides towing and roadside assistance by an approved vendor if your motorcycle becomes
inoperable. Your benefits include emergency road service towing (within 30 miles of occurrence), emergency fuel delivery
(up to 2 gallons) and jump start services. If you purchase Roadside Assistance, we will waive the cost of any approved
tow or roadside assistance service up to the nearest service/repair shop.
5.20 Loss/Theft Damage Waiver Coverage (LDW)
Loss Damage Waiver (LDW) is offered at the time of rental for an additional daily charge. If the renter accepts LDW,
Explorify waives or reduces Your responsibility for loss of, or damage to, the rental vehicle (including but not limited
to towing, storage, loss of use, administrative fees and/or diminishment of value) subject to the terms and conditions
of the rental agreement and applicable laws. LDW is not insurance. The purchase of LDW is optional and not required to
rent a vehicle. The protection provided by LDW may duplicate the renter’s existing coverage. Explorify is not qualified
to evaluate the adequacy of Your existing coverage; therefore, You should examine Your credit card protections, vehicle
insurance policies or other sources of coverage that may duplicate the protection provided by LDW.
All Loss/Theft Damage Waivers (LDW) and Supplemental Liability Insurance options are subject to the specified terms and
conditions of the rental contract and do not include coverage for injury, personal property, or damage as the result
reckless and/or unauthorized operation and/or negligence such as illegal use or use of rental while under the influence
of drugs or alcohol. A Police Report is required for all accidents resulting in damage or injury.
NOTE: All damage to a rented motorcycle or car without a police report will be
considered to be the full responsibility of the Renter.
Specified below are the LDW options:
| NO Coverage purchased | Loss/Theft & Damage Waiver
(included) | Zero Loss/Theft & Damage Waiver
(optional upgrade) | |
| Daily Rate | $29/Day | $39/Day | |
| Theft (Covers Theft of Motorcycle and motorcycle accessories provided motorcycle was locked with all locks supplied from us. Does NOT include personal belongings left on motorcycle or in saddlebags.) | Renter pays
Full Retail Value of Motorcycle | $2.500 deductible Renter pays Up to $5.000 per occurrence. | $1.000 deductible Renter pays Up to $1.000 per occurrence. |
| Damage (covers any and all accidental; non-negligent, damage to motorcycle and motorcycle accessories) | Renter pays
Full Retail Value of ALL damages | $2.500 deductible Renter pays Up to $2.500 per occurrence. | $0 deductible
Renter pays $0 |
| Personal Property Loss Protection
(In the event of theft or damage to personal property and belongings.) | Not included | Not included | Not included |
| Additional Driver
Renters are fully covered when exchanging rental motorcycles within your riding group. | Not included | Not included | Not included |
| Flat Tire Coverage | Not included | Not included | Covers tire repair/labor. Towing is covered up to an amount of $100 |
| Security Deposit | $5.000,- | $2.000,- | $100,- |
5.19 Loss Damage Waiver Exclusions/Voids
LDW does not apply to lost or damaged keys, key fobs, ignition locks, transponders, Optional Accessories, or any liability imposed by law. LDW does not apply to damage occurring in Mexico or Canada. The following shall invalidate Damage Waiver: if Vehicle is damaged when used or driven: by any person other than Renter or AAD(s) without Owner’s prior written consent or by any person if there is reasonable evidence the driver was impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription; by any person committing a felony or otherwise engaged in a criminal act; in a race or speed contest; to tow or push anything; outside the states authorized; under authority of any license that is suspended, revoked, invalid or does not belong to the driver; to transport persons or property for hire; in a wanton or reckless manner or if Vehicle is deliberately damaged; on an unpaved road or off road; to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or if Renter misrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or if Renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism. If Vehicle is stolen and Renter fails to do any of the following: return the original ignition keys and Owner’s key tag identifying Vehicle; file a police report within 24 hours after discovering the theft; cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft; ensure that the Vehicle’s ignition is turned off at the time the Vehicle is stolen. LDW is also invalidated if you abandon your vehicle, if you hit another Explorify motorcycle or vehicle, drive off the road, or operate the vehicle in a manner where you do not follow traffic regulations or do not properly take into account surface/driving conditions, weather, speed, visibility or your own riding skills. Furthermore, all damage as a result of driving without unlocking disc or cable lock is not covered by LDW.
5.22 Customer’s Acknowledgement
By ordering one of our rentals, tours and/or travels, You acknowledge that You understand that riding or driving a
motorized vehicle (e.g. motorcycle or car) involves risks, and that everyone travels, drives or rides at their own risk
and that the organizers and their partners cannot be sued or otherwise held liable for any accident, loss or damage
during the associated travel or tour. You also expressly accept and submit to Explorify’s “WAIVER OF
LIABILITY” (sect 13) and “MOTORCYCLE RENTAL RELEASE OF LIABILITY” (see sect 18) and
“Acknowledgement and Assumption of Risk” (sect 19). Explorify cannot accept tour participants or
travelers who do not fully comply with our “Rental Agreement” and/or Explorify’s “Waiver of
Risk” and “MOTORCYCLE RENTAL RELEASE OF LIABILITY” and
“AKNOWLEDGMENTS AND ASSUMPTION OF RISK”.
5.23 Personal & Medical Insurance
You must have a valid travel and/or medical insurance. Because of the risks associated with motorized vehicle driving,
we recommend that You buy adequate travel, health and accident insurance with extended coverage for Your rental, as well
as Tour Cancellation Insurance. And remember: Always carry the insurance card with You.
All claims should be directed to Your individual insurance companies, not to Explorify.
5.24 Proof of Identity
Your order at Explorify is personal and cannot be transferred to another person. On request, You must be able to present
a valid Photo ID. You are also responsible for obtaining all required travel documents, including visas and passports,
and to follow all laws, regulations and other regulatory provisions related to travel in all countries with which you
have contact during your rental and any related travel. Explorify is not liable for the consequences to travelers who
have failed to obtain such necessary documents or visas or to comply with such rules, laws and regulations.
Explorify Rentals reserves the right to refuse to take on customers who, on demand, cannot produce a valid Photo ID or
necessary travel documents such as passport or visa. If children under 18 years old will be travelling with adults other
than their parents/guardians, please note that certain destinations require written parental consent. For further info,
You can contact the embassy of the country concerned.
5.25 Failure to Comply with Traffic Rules
If You do not follow the traffic rules, We have the right to cancel Your rental and secure Your rental vehicle, and You
have no rights to claim compensation of any kind
5.26 Helmet (included)
Open half (shell) helmets are provided with motorcycle rentals and tours. We encourage You to bring Your own helmet(s)
to ensure comfort and proper fit. Helmets may be purchased at many locations where the bikes are rented.
5.27 Storage
For mc rental/ tour customers, Explorify will provide storage for additional luggage at the pick-up location while on
rental. You store your luggage at your own risk. Explorify does not take any responsibility for lost or stolen items.
5.28 Responsibility
We are responsible for providing the rentals and services listed on Your reservation. We carefully select our service
providers, but we cannot be held liable for any situations that arise while on their premises. We are responsible for
conscientious preparations. We 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 participant’s actions in connection with the tour, which might
result in injury, death or other damage to the client, his/her property, or his/her family, heirs, or assigns. We are
neither responsible for any delays or changes in schedule or other or any other conditions that may arise on tour.
5.29 Late Fees
Payments not made when due will accrue interest at the rate of 1.5% per month, or at the maximum applicable legal rate,
if different.
5.29 Special Needs
If You have any special needs/requests regarding Your travel, please contact Explorify’ customer service, Tel: +1-(800)
284-8482, to book your rental so that Explorify can try to accommodate Your specific needs.
We strive to provide our customers with as accurate information about our rentals, travel services and products as
possible. We do, however, disclaim any typographical or technical errors in text, prices and images that may occur,
which may result in a situation where we cannot deliver according to the information available on our Web Shop,
advertisements, marketing or otherwise.
The images, logos, copy, and trademarks contained in this site, including but not limited to the text, images, audio, or
video, are believed to be in the public domain or used with permission of the respective trademark or copyright holder.
The information and images on this site may not in any way be used in any manner, or for any purpose, without the
express written permission, of Explorify or the official holder of the copyright or trademark. Explorify is not
responsible for the specific content and/or images contained on this site. Please contact Explorify if you have
questions or concerns about the site content.
Our web may contain links to other web sites that are owned and operated by third party vendors and other third parties
(hereafter referred to as “External Sites”). You acknowledge that Explorify are not responsible for the availability of,
or the content located on or through, any External Site. Please contact the site administrator or Web master of those
External Sites you have any concerns regarding such links or the content located on these Sites.
The total cost of Your purchase will appear on your order confirmation, subject to the below provisions.
We collect, process and use only the personal information You provide to Us which is necessary for us to fulfill our
obligations to You. In cases where we process personal information for other purposes, for example, to send you details
of special offers, this is done only when you have agreed to it. Before you agree, you will be informed of what
information is used and by whom.
We reserve the right to run a credit check on You. You authorize Us to run a credit check and You agree to provide us
with such information as is necessary to do so, including Your passport number, CPR, CVR or Social Security number, or
equivalent and date of birth to verify that our customers are over 18 years, and that those who shall participate as
vehicle drivers are above 21 years of age.
Your personal information will only be disclosed to others when:
* You have consented to such disclosure, or
* When it is necessary for Us to fulfill our agreement to You, or
* When required by law.
If You have questions about personal data relating to You, or wish to exercise Your right to block or delete such data
under the Personal Data Act, please contact Us via mail tours@explorifyrentals.com
You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this
Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental
Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in
date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the
Vehicle until we inspect it upon our next opening for business, and Charges will continue to accrue. Service to the
Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and
maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented. Any
vehicle not returned within four hours of the return time specified above will be reported to the police as
stolen. YOU waive all claims against US for any consequences ensuing from you making such report. Failure to
return the vehicle may constitute a felony punishable by up to five years in prison.
We reserve the right to charge you extra if you have not removed the following when returning the rental bike:
You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god
or terrain conditions. Subject to the law in the jurisdiction where the Vehicle was rented, your responsibility will
include:
(a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a
total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A)
the difference between
the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable
estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is
measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the
Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use
damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as
follows, which you agree is reasonable: $0-$250 damage = $50 fee; $251-$500 damage = $75 fee; $501-750 damage = $100
fee; $751-1500 damage = $150 fee; $1501-2500 damage = $200 fee; over $2500 damage = $250 fee; (d)
towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e)
all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees,
collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft
and vandalism to us and the police as soon as you discover them.
If You believe your responsibility for the Loss is covered by your own insurance or card issuer, You will provide Us
Your insurer and policy number or card issuer and its insurer. You authorize us to collect the Loss directly from the
insurer. You also authorize US to collect the Loss directly from a third party responsible for the Loss. WE will refund
any sum we collect in excess of the Loss.
In case you are involved in an accident you are obliged to contact the Us immediately. In case of personal injury, call
the local emergency phone number 911 (US), 111 (New Zealand). Ensure that all persons involved receive the help and/or
supervision they need, and make sure to get Police report of the incident. Secure documentation and take photos from the
accident, people involved, vehicles, etc. NOTE: All damage to motorcycles/vehicles is automatically
considered as the renter’s responsibility if a “Police Report” is not obtained from the accident/incident.
If you are hit by another person or vehicle and the incident is not your responsibility, then We will provide you with a
new vehicle as soon as possible. If you are at fault, your lease and insurance are immediately terminated and the We
will secure the vehicle for inspection, repair etc. If you are at fault, you are responsible for all damage you incur to
third party cycles and your own motorcycle/vehicle, provided you have not purchased insurance with adequate coverage
(LDW Zero and SLI 300K). If you are at fault, and We can quickly prepare your vehicle for safe and secure driving, you
can request to continue the rental on the same vehicle (this is not a right and must be clarified with the Us). If your
vehicle is no longer drivable, and you want to continue the rental, you will have to rent a new vehicle and buy new
insurance and/or Damage waivers, given that We give you the opportunity to do so. Explorify will prioritize safety and a
good rental experience for you and the others in your tour group.
In case you abandon your vehicle your rental and all LDW and insurance coverages are automatically cancelled and you will be fully responsible for the full value of the vehicle or its replacement value.
The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall
not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other
operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or
non‐prescription drugs or alcohol; (c) by anyone who obtained the Vehicle or
extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal
purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e)
while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the
Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the
geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or is
connected; (i) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that
further operation would damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is
sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) in
violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we
provide to you at the time of rental. The following uses of the Vehicle are prohibited and are material
breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized
Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under
the influence of prescription or non‐prescription drugs or alcohol; (c) by anyone
who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d)
in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a
minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while
teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the
Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been
tampered with or disconnected; (i) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect
you to know that further operation would damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by
anyone who is sending an electronic message, including text (SMS) messages or emails,
while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle safety and operations
training, or other similar materials that we provide to you at the time of rental.
By confirming an order to Explorify on explorify.com
and/or www.explorifyrentals.com, You accept our Terms and Conditions, and
declare that You fully commit to the below “WAIVER OF LIABILITY”:
By confirming your order & Our Terms & Conditions YOU RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND
AGREE TO HOLD US, EXPLORIFY LLC, EXPLORIFY RENTALS LLC, EXPLORIFY TOURS LLC, JOYRIDES TOURS INC, JOYRIDES TOURS LLC
AND ITS AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES
AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES,
LIABILITIES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, FINES, OR OTHER SANCTIONS, THAT MAY HAVE ACCRUED
OR MAY ACCRUE IN THE FUTURE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY
RESPECT TO THE RENTAL OR PERATION OF THE MOTORCYCLE BY YOU OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE,
BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO YOUR PERSON OR PROPERTY WHICH MAY BE (A) CAUSED BY ANY ACT, OR
FAILURE TO ACT, BY ANY RELEASED PARTY OR (B) SUSTAINED BY YOU BEFORE, DURING, OR AFTER THE RENTAL. THIS WAIVER AND
RELEASE DOES NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL MISCONDUCT OR FROM ANY OTHER
LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY YOU UNDER APPLICABLE LAW. THIS WAIVER AND RELEASE IS IN ADDITION TO,
AND IS NOT INTENDED TO LIMIT IN ANY MANNER, THE MOTORCYCLE RENTAL RELEASE OF LIABILITY EXECUTED BY YOU ALONG WITH THIS
AGREEMENT. IN THE EVENT THAT THE TERMS OF THIS WAIVER AND RELEASE AND THE MOTORCYCLE RENTAL RELEASE OF LIABILITY
CONFLICT IN ANY MANNER, THE TERMS OF THE MOTORCYCLE RENTAL RELEASE OF LIABILITY WILL GOVERN.
You release us, our agents 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 Vehicle or in our
offices,
whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes
the entire agreement between you and us. All prior representations and agreements between you and us regarding this
rental are void. .A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of
the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or
neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this
Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that
arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for
consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any
provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes
the entire agreement between you and us. All prior representations and agreements between you and us regarding this
rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of
the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or
neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this
Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that
arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for
consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any
provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
If the execution of Your booked tour is hindered or prevented (or in the opinion of Explorify and Partners is likely to
be hindered or prevented) by war, hostilities, blockage, ice, weather conditions, labor conflicts, strikes, restraint of
Princes, Rulers or People, seizure under legal process, breakdown of vehicles, illness, pandemic, congestion, local
and/or national government regulations and/or restrictions, travel regulations and/or restrictions or any other cause
whatsoever, Explorify may cancel Your proposed tour without liability to refund any payments or fares paid in advance
The parties shall attempt to resolve any disputes amicably. Provided the Parties are not able to agree upon an amicable
settlement within a reasonable time and no later than thirty (30) calendar days after initiation of settlement.
discussions, the dispute, controversy, or claim arising out of or in relation to these Terms and Conditions, and
including disputes regarding the validity of this Article concerning venue, shall be resolved through the procedures of
the American Arbitration Association (the “AAA”). The place of Arbitration shall be within Kissimmee County, Florida,
USA, unless the parties mutually agree otherwise. Provided the dispute in question amounts to Two Hundred and Fifty
Thousand US Dollars (US $250,000) or less, the Arbitration Panel shall consist of one (1) arbitrator. Provided the
dispute in question exceeds Two Hundred and Fifty Thousand US Dollars (US $250,000), the Arbitration Panel shall consist
of three (3) arbitrators. The Arbitration Panel shall award the prevailing Party compensation for reasonable attorneys’
fees and costs. In agreeing to this arbitration provision, the Parties understand and acknowledge, and willingly agree,
that they are waiving any right they may have to a court or jury trial. Despite the arbitration procedure
agreed upon above, the Parties shall not be precluded from seeking preliminary injunctions or other equitable relief via
the appropriate judicial authority, where warranted.
Claims that are statutorily barred from being resolved by arbitration shall be resolved by the Florida Court in Orlando
County having venue over the dispute. The prevailing Party shall be entitled to reasonable attorney’s fees and costs.
MOTORCYCLE RENTAL RELEASE OF LIABILITY
MOTORCYCLE PASSENGER RELEASE OF LIABILITY
YOU, the undersigned, on YOUR behalf and on behalf of YOUR heirs, personal representatives, successors and assigns
(collectively “Heirs and Assigns”), in consideration of the rental of a motorcycle from and the permission to ride, as
an Operator or as a Passenger, a motorcycle (the “Motorcycle”) owned and/or provided by Explorify Rentals Orlando LLC or
Explorify Rentals Chicago/Denver/Las Vegas/Los Angeles/New Orleans LLC, (the “Rental Company/Operator”), RELEASE
AND DISCHARGE the Rental Company/Operator, Explorify Rentals Orlando LLC or Explorify Rentals
Chicago/Denver/Las Vegas/Los Angeles/New Orleans LLC and Explorify Rentals LLC and Explorify Tours LLC and JoyRides
Tours Inc (“JoyRides”) and JoyRides Tours LLC and each of its each of their respective affiliates, subsidiaries,
officers, directors, employees, members, sponsors, promoters, dealers, distributors, affiliated and agents, including
but not limited to JoyRides AS (collectively the “Released Parties”) from ANY AND ALL CLAIMS, DEMANDS, RIGHTS
AND CAUSES OF ACTION (“Claims”) OF ANY KIND WHATSOEVER WHICH YOU OR ANY OF YOUR HEIRS AND ASSIGNS NOW HAVE OR LATER
MAY HAVE AGAINST ANY OF THE RELEASED PARTIES RESULTING FROM OR ARISING OUT OF YOUR RENTAL OR ANY USE BY ANY PERSON OF
THE MOTORCYCLE, REGARDLESS OF WHETHER SUCH CLAIMS RELATE TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE
OF THE MOTORCYCLE OR THE CONDITIONS UNDER WHICH THE MOTORCYCLE IS USED.
YOU acknowledge and understand that this Release EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL
CLAIMS YOU or any of YOUR Heirs and Assigns have or may have against any of the Released Parties arising out
of YOUR rental or any use by any person of the Motorcycle, including without limitation all such Claims resulting from
the NEGLIGENCE of any of the Released Parties or arising from STRICT PRODUCT LIABILITY
or resulting from any BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any of the Released
Parties, and regardless of whether such Claims now exist or hereafter arise or are known or unknown, contingent or
absolute, liquidated or unliquidated or foreseen or unforeseen or arise by operation of law or otherwise.
YOU acknowledge and understand that by signing this Release YOU and YOUR Heirs and Assigns AGREE NOT TO
SUE any or all of the Released Parties for any injury or death to yourself, your property, any other person
or such person’s property resulting from or arising out of your rental or any use by any person of the Motorcycle. IF,
DESPITE THIS RELEASE, YOU OR ANY OF YOUR HEIRS AND ASSIGNS MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, YOU OR
YOUR HEIRS AND ASSIGNS, AS APPROPRIATE, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND THEIR
INSURANCE CARRIER, AND EACH OF THEM FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES, LOSS, LIABILITY, DAMAGE, OR COSTS
THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE RELEASED PARTIES, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE
OF ANY OF THE RELEASED PARTIES OR OTHERWISE.
YOU acknowledge that YOU have been advised of and agree to waive on YOUR behalf and on behalf of YOUR Heirs and Assigns,
and fully understand the effect of such waiver, all benefits flowing from any FLORIDA and/or FLORIDA
statute or the statute of any other state which would otherwise limit the scope of this Release.
YOU sign this Release by confirming YOUR order on explorify.com and/or www.explorifyrentals.com , YOU certify that YOU have read this Release and
fully understand it, that YOU are not relying on any statements or representations of any of the Released Parties and
that YOU have been given the opportunity and sufficient time to read and ask questions regarding this Release. YOU
further certify that YOU will not operate the Motorcycle nor ride as a passenger on the Motorcycle if YOU are, or if the
operator of the Motorcycle is, under the influence of drugs, alcohol or any other substance known to impair driving
ability.
To the extent that the scope of this Release is unenforceable in any jurisdiction, such scope will, as to such
jurisdiction only, be automatically limited to the extent necessary to make this Release enforceable in such
jurisdiction, without invalidating any other portion of this Release.
YOU HAVE READ THIS RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL
RIGHTS BY COMMITTING TO IT, AND HAVE COMMITTED TO IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE
BEING MADE TO
YOU AND INTEND YOUR SIGNATURE (ORDER BOOKING) TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.
You hereby certify that You have read this Release Form in its entirety. Confirming my purchase to Explorify
indicates that You fully understand it and agree to its contents.
AKNOWLEDGMENTS AND ASSUMPTION OF RISK
EXPLORIFY MOTORCYCLE RENTALS, LLC (“Rental Company/Operator”) has agreed to rent to me and/or has
agreed to permit me to operate or ride on a motorcycle owned by Rental Company/Operator (the “Motorcycle”).
I fully understand and acknowledge that operating or riding on a motorcycle is an activity which has its own unique
risks and that serious injury or death could result from operating or riding on the Motorcycle through no fault of my
own. I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHICH I
MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON THE MOTORCYCLE. I further agree to assume the entire
risk of any property damage which might occur as a result of my operating or riding on the motorcycle.
If I am the operator of the Motorcycle, I possess the skill, knowledge, confidence, and experience on motorcycles the
size of the Motorcycle to operate the Motorcycle in a safe manner, and I hold a current valid motorcycle operator’s
license in the state in which I reside.
I am not under the influence of alcohol, drugs, other illegal substances, or any medications at this time, which may
impair my judgement or ability to operate or ride on the Motorcycle. I agree that I will not operate or ride on the
Motorcycle while under the influence of alcohol, drugs, other illegal substances or such medications.
I have examined the Motorcycle and have been given an opportunity to ask questions regarding the operation of or riding
on the Motorcycle. I am satisfied that the Motorcycle is in good operable condition and that I fully understand how to
operate or ride on the Motorcycle.
I will not allow any other person to operate or ride on the Motorcycle for any reason unless he is specifically
permitted to do so by Rental Company/Operator. I agree to operate or ride on the Motorcycle safely, defensively and
within the limits of the law and my abilities. I will only operate or ride on the Motorcycle on public highways and
roads
If I am the operator of the Motorcycle, I agree to personally confirm that all passengers have signed and agreed to the
terms of a Motorcycle Passenger Release of Liability and an Acknowledgements and Assumption of Risk
before I allow them to ride on the Motorcycle.
Accurate Head Measurement
I understand that, using a tape measure, I should measure around my head just above my eyebrows and ears to obtain my
nominal helmet size in inches or centimeters. Use of the conversion chart below may be necessary to determine the best
helmet size for me. I acknowledge that the accurate fitting of my motorcycle helmet is of utmost importance. A poorly
fitting helmet will give much less protection, or may even part company with my head in the event of an accident.
Worth Remembering
I have fastened my chinstrap and ensured that the helmet does not slip from side to side. I understand that if I bend
my head forward to try to remove the helmet with the chinstrap in place, and the helmet moves or slips off my head, I
need a smaller size. Helmet linings almost always compress, so a new helmet on first fitting should feel a little
tighter than snug.
| Cm | Inches | UK | Universal | USA |
| 53 | 21 | 6 1/2 | X-Small | 6 5/8 |
| 54 | 21 1/4 | 6 5/8 | Small | 6 3/4 |
| 55 | 21 3/4 | 6 3/4 | Small | 6 7/8 |
| 56 | 22 1/8 | 6 7/8 | Medium | 7 |
| 57 | 22 1/2 | 7 | Medium | 7 1/8 |
| 58 | 22 7/8 | 7 1/8 | Med/Large | 7 1/4 |
| 59 | 23 1/4 | 7 1/4 | Large | 7 3/8 |
| 60 | 23 3/4 | 7 3/8 | Large | 7 1/2 |
| 61 | 24 1/4 | 7 1/2 | X-Large | 7 5/8 |
| 62 | 24 1/2 | 7 5/8 | X-Large | 7 3/4 |
| 63 | 24 7/8 | 7 3/4 | XX-Large | 7 7/8 |
I acknowledge that it is my responsibility to determine which helmet size best fits my head and that the Rental
Company/Operator is not responsible to determine my proper helmet size. The conversion chart provided above,
and any assistance provided by the Rental Company/Operator in choosing a proper fitting helmet are not a substitute for
me determining my proper helmet size by trying on helmets and feeling the fit of the helmet. If the Rental
Company/Operator has provided me a helmet, I acknowledge that the Rental Company/Operator has provided me with the
helmet size I requested and that the helmet fits me properly. If I am using a helmet provided by me or any person other
than the Rental Company/Operator, I acknowledge that the helmet fits me properly.
I agree to wear at all times, and, if I am the operator of the Motorcycle, I will require any passengers on the
Motorcycle to wear at all times, a properly fitted motorcycle helmet (my own or one provided by Rental Company/Operator)
that has been approved by the D.O.T. (or, if outside the U.S.A., the appropriate local government authority).