Liability Waiver

BROTHERS BIKE TOURS

ONLINE WAIVER (CLICKWRAP / ELECTRONIC SIGNATURE VERSION)

Binding Waiver of Liability, Arbitration Agreement, and Jury Trial Waiver

IMPORTANT: READ BEFORE ACCEPTING

By clicking “I AGREE,” checking any consent box, or completing booking, you confirm that:

• You have read this entire Agreement
• You understand you are giving up legal rights, including the right to sue in court
• You are agreeing to binding arbitration and a jury trial waiver
• You are voluntarily participating in a recreational activity involving inherent risks

1. ASSUMPTION OF RISK

You understand bicycle touring involves inherent risks including falls, traffic accidents, equipment failure, weather conditions, and actions of others.

You voluntarily assume all risks, whether known or unknown, to the fullest extent permitted by Florida law.

2. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)

You release and waive any claims against Brothers Bike Tours and its owners, employees, contractors, and agents (“Released Parties”) for:

• Injury, illness, disability, or death
• Property damage or loss
• Incidents caused by ordinary negligence
• Equipment issues, route conditions, or supervision decisions
• Acts of other participants or third parties

This does not waive liability where prohibited by Florida law (such as gross negligence or intentional misconduct).

3. INDEMNIFICATION

You agree to indemnify and hold harmless the Released Parties from claims arising from:

• Your conduct or actions
• Violation of safety instructions
• Damage or injury you cause
• Breach of this Agreement

4. CONDUCT / ANTI-HARASSMENT RULES

You agree not to engage in:

• Harassment of any kind (verbal, physical, visual, or sexual)
• Sexual harassment or inappropriate sexual conduct
• Voyeurism or intrusive behavior
• Discriminatory, abusive, or threatening conduct
• Any behavior that interferes with safety or enjoyment of others

We may remove you immediately without refund for violations.

5. MEDIA RELEASE

You grant permission for Brothers Bike Tours to use photos/video of you for marketing, advertising, and promotional purposes, without compensation.

You may opt out only by written notice before your tour begins.

6. GOVERNING LAW (FLORIDA)

This Agreement is governed by Florida law.

It applies to participants from all U.S. states, territories, and international locations to the maximum extent allowed by law.

7. MANDATORY ARBITRATION AGREEMENT

You agree that any dispute must be resolved exclusively through final and binding arbitration, not court.

• Governed by the Federal Arbitration Act (FAA)
• Administered by AAA or similar provider
• Held in Florida unless required otherwise
• Arbitrator decides all issues, including validity of this clause
• No court lawsuit may be filed except to enforce arbitration

8. ARBITRATION COSTS

• Fees are allocated under arbitration rules and applicable law
• You may be required to pay filing/administrative fees to start arbitration
• Each party generally pays its own attorneys’ fees unless otherwise allowed by law
• Costs may be reallocated by the arbitrator where permitted

9. JURY TRIAL WAIVER

YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT OR ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR PARTICIPATION.

10. CLASS ACTION WAIVER

You agree all claims must be brought individually. No class actions or class arbitrations are permitted.

11. SEVERABILITY

If any part of this Agreement is found unenforceable, the rest remains fully effective. The invalid portion will be modified only as necessary.

12. ELECTRONIC SIGNATURE AGREEMENT

By completing booking and clicking “I AGREE,” you acknowledge that:

• Your electronic acceptance is legally binding
• It has the same force as a handwritten signature
• You had the opportunity to review this Agreement
• You agree to be bound by all terms

CHECKOUT FLOW (IMPORTANT FOR ENFORCEABILITY)

To maximize enforceability in Florida and under federal arbitration law, your booking page should include:

Required UI Elements:

• ☐ “I have read and agree to the Waiver of Liability” (mandatory checkbox)
• ☐ “I agree to binding arbitration and waive jury trial” (separate checkbox recommended)
• Link to full waiver text (scroll or popup required before checkbox activation)
• Timestamp + IP address logging
• Name + signature field (typed electronic signature accepted)