POLICYS AND TERMS OF CONDITIONS

BOOKING CONTRACT

By booking or participating in a Daily Tour, Rentals, and any other Stoked Offroad service (Activity), you agree to these Terms & Conditions (Terms). By booking with Stoked Offroad, you acknowledge that you (and if applicable, on the behalf yourself and/or party), have read, understand, and agree to be bound by these Terms.

Your booking is confirmed and the contract exists once you are issued a written receipt by Stoked Offroad for the applicable deposit amount. You must be 18 years of age to book. In the event any of the information provided is incomplete, incorrect, or omitted, Stoked Offroad reserves the right to cancel your booking, which may result in cancelations fees at our discretion.

BOOKING ON BEHALF OF OTHERS

By booking on behalf of other riders, you become the designated contact for every participant. You are responsible for making all payments due in connection to your booking, notifying Stoked Offroad of changes or cancelations, and keeping party members informed. Stoked Offroad and affiliates under no circumstances will be held liable for errors of omissions in the information provided to complete a booking.

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Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Activity description or by Stoked Offroad, minors are not permitted on any Tour. All bookings with a minor are subject to review and approval by Stoked Offroad.

MEDICAL AGREEMENT

If you or any member of your party have a pre-existing medical condition that may impact you or their ability to participate in riding/tour activities, you are required to inform Stoked Offroad. At the discretion of Stoked Offroad, you may need a signed form from your physician prior to engaging in riding/tour activities. At any point during Activities Stoked Offroad may deny participation in lieu of health or safety concerns. 

You and your party understand the inherent health and safety risks of riding/tour Activities, and that these activities often occur where medical care is less accessible. Stoked Offroad provides no warranties in terms of medical care, accessibility, and facilities. 

ACCEPTANCE OF RISKS

Stoked Offroad makes no warranty of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by these Terms. You accept any vehicle or equipment provided by Stoked Offroad in its "as is" condition.

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You acknowledge that driving dirt bikes with other like vehicles and riders is an activity carrying risks of serious  personal injury, property damage, or death. You also acknowledge there are normal, mechanical and environmental conditions and risks which independently or in combination with my activities may cause injury or even death to me or others, as well as property damage. You and any additional riders represented by you hereby personally accept all the risks and liabilities of this activity, releasing Stoked Offroad of any duty legally owed to you in relation to the conduct of this activity. 

SPECIAL REQUIREMENTS

Reasonable efforts will be made to accommodate special requests where possible, including diet restrictions/allergies and mobility. Stoked Offroad cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Stoked Offroad, and Stoked Offroad is not liable for any failure to accommodate or fulfill such requests.

PRICES & VALIDATION

Once your booking is confirmed and paid in full, Stoked Offroad will not increase the price. Tours, Rentals and all other Stoked Offroad services are priced and advertised exclusive of applicable taxes. All dates, itineraries, and prices are subject to change at any time. It is your responsibility to stay up to date on details of your Activity.

DEPOSITS & PAYMENT

For all services, a non-refundable deposit of 50% the total price (Deposit) is due at the time of booking.

For Daily Tours and Rentals

- 50% of the total is due at the time of booking (Deposit)

- Total payment is due 14 days before tour/ride activity 

CANCELATIONS

For Daily Tours and/or Rentals

- For cancelations we have a non refundable deposit policy, If a Daily Tour/Rental is canceled within 24 hours of booking, 100% of the initial Deposit may be refunded. However should you need to cancel you can always change your booking date with no additional deposit fee.

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DAMAGE, REPAIR, LOSS

You agree that only the persons booking or otherwise identified in this agreement will operate the rented vehicle(s) or equipment and that passengers will not be carried on any unit not designated for such use. Should any person or minor under your control or any person with permission of you or party members operate any referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, you agree to be personally liable and financially responsible for all loss of and damage caused to any vehicles or equipment.

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Should vehicle, gear, or any other equipment leased become damaged or lost or require repairs exceeding expected wear and tear, you agree to pay such repair or replacement costs, at the discretion of Stoked Offroad. 

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In the event of damage to equipment, property, persons, or facilities due to your or your party’s actions, you are liable for costs associated with such damage. You also agree to pay for the loss of use of any vehicle or equipment covered by these Terms damaged by yourself or other riders, at the full first day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 14 days.

Permission from Stoked Offroad must be granted in order to service, replace, or repair vehicles and accessories. Should equipment, vehicle or other accessories become damaged or missing or an accident occurs while in your care, you are required to alert Stoked Offroad as soon as practicable.

FLEXIBILITY & UNUSED SERVICES

The nature of adventure travel requires flexibility, therefore you acknowledge that reasonable alterations to services, products, or itineraries may be made by Stoked Offroad. Itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Stoked Offroad.

The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside of Stoked Offroad's control (including but not limited to Acts of God, injury, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Stoked Offroad, including your removal from an Activity because of your negligence or breach of these Terms.

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If Stoked Offroad makes a change affecting the character of a product or service in its entirety (Material Change), Stoked Offroad will provide notice to you as soon as practicable. If a Material Change is made more than 14 days before departure, you may choose to:

a) accept the Material Change and proceed with the amended product or service;

b) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or

c) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or

d) cancel the amended product or service and receive a partial refund for the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify Stoked Offroad of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.

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Once an Activity has departed, Stoked Offroad is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Stoked Offroad will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to Stoked Offroad is accurate and up-to-date. Any changes to a booking depend on availability and are subject to Stoked Offroad’s approval and these Terms. Any extra costs incurred for making the change will be charged to you. Cancellation of any Activity, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 7 days of departure.

MEDIA

Stoked Offroad may use, without compensation, any photo, audio and/or video recording of any Stoked Offroad activity in which participants appear, for promotional, advertising, or educational purposes.

INDEMNIFICATION

You acknowledge that Stoked Offroad and their rectors, officers, volunteers, representatives and agents are not responsible for errors, omission, acts of failure to act of any party or entity conducting a specific event or activity on behalf of Stoked Offroad. You agree to indemnify and hold harmless Stoked Offroad against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone acting on your behalf. If litigation arises pursuant to any claims made by you or by anyone else acting on your behalf, if Stoked Offroad incurs any of these types of expenses, you agree to reimburse Stoked Offroad.

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Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Montana and exclusive jurisdiction and venue for any action arising from this agreement shall be the courts of Flathead Vally, Montana.