Waiver, Release & Assumption of Risk

1. The activity

Cyber Tours LLC (d/b/a Sedona CyberTours) provides for-hire passenger transport and related experiences in and around Sedona, Arizona, using a large electric truck.

• CyberRides (current / primary service): point-to-point passenger transport on public, paved roads. You ride as a paying passenger; the trip may include ordinary road stops where you enter and exit the vehicle.
• CyberTours (if and when offered on your booking): guided scenic or backcountry routes that may include unpaved or off-road roads, uneven terrain, and scenic stops requiring entry and exit on uneven ground. Off-road CyberTours routes are offered only when permitted and only when your specific trip includes them.

I understand that CyberRides is for-hire passenger transport on public roads — a fact pattern distinct from a purely recreational off-road tour. [ATTORNEY: advise whether, and to what extent, an ordinary-negligence release is enforceable for for-hire / common-carrier-style passenger transport under Arizona law; do not treat this acknowledgment as resolving that question.]

2. Assumption of risk

I understand that participating involves inherent and other risks that no amount of care can eliminate, and I knowingly and voluntarily assume all such risks, whether or not described below.

Risks that apply to CyberRides and to any trip:

• vehicle collision, loss of control, mechanical failure, or being struck by objects or other vehicles;
• road hazards, traffic, other drivers, sudden stops, and ordinary motor-vehicle risks on public roads;
• slips, trips, and falls when entering or exiting a large electric truck, including because of vehicle height, high step-in, uneven curbs or ground, or weather-related surfaces;
• hazards of a large electric truck, including vehicle movement, weight and size, electrical or battery systems, and noise;
• weather, heat, sun, dehydration, dust, and other outdoor conditions during boarding, alighting, or any outdoor portion of the trip;
• the conduct, negligence, or inattention of other participants, other drivers, or third parties;
• head, neck, back, and other serious injuries; broken bones; and aggravation of pre-existing conditions; and
• serious bodily injury, permanent disability, paralysis, and death.

If and when my trip includes an off-road CyberTours route, these additional risks also apply:

• being bounced, jolted, jarred, or thrown about while riding over rough, rutted, rocky, or unpaved terrain;
• vehicle rollover or loss of traction on unpaved or uneven surfaces;
• slips, trips, and falls on loose, steep, or uneven ground at scenic or backcountry stops; and
• remote locations where emergency, rescue, or medical response may be delayed or limited.

I choose to participate in spite of these risks.

3. Release of liability

To the fullest extent permitted by Arizona law, I release, waive, and discharge Cyber Tours LLC (d/b/a Sedona CyberTours) and its owners, members, managers, employees, drivers, guides, agents, and contractors of the LLC (the "Released Parties") from any and all claims, demands, liabilities, and causes of action for personal injury, death, or property damage arising out of or related to my participation, including claims caused by the ordinary negligence of the Released Parties. [ATTORNEY: ordinary-negligence release — confirm enforceability limits for for-hire passenger transport (see Section 1) and for any off-road CyberTours portion of a trip.]

4. What this release does not cover

This Waiver does not release the Released Parties from liability for gross negligence, recklessness, or willful, wanton, or intentional misconduct, and nothing in it waives any right or protection that cannot be waived under Arizona law. If any portion is found unenforceable, the rest remains in effect (see Section 11).

5. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any claim, loss, liability, or cost (including reasonable attorneys' fees) to the extent caused by: (a) my own negligence or willful misconduct; (b) the negligence or willful misconduct of anyone in my party; (c) my breach of this Waiver; (d) my misrepresentation under this Waiver (including guardian status or authority to sign for others); or (e) any third-party claim caused by me or by anyone in my party. This indemnity does not require me to indemnify the Released Parties for their own ordinary negligence, gross negligence, recklessness, or willful, wanton, or intentional misconduct.

6. Covenant not to sue

I agree not to sue the Released Parties for any claim I have released above. This Waiver binds me and my heirs, spouse, family, personal representatives, successors, and assigns.

7. Medical fitness & emergency care

I represent that I (and each person I sign for) am physically able to participate in the trip booked for me — including riding as a passenger in a large electric truck and entering and exiting the vehicle, which may involve a high step-in — and that I have disclosed any condition that may affect safe participation. If and when my trip includes an off-road CyberTours route, I further represent that I am able to participate in a bumpy, unpaved ride and entry/exit on uneven ground. CyberTours may decline or end participation for safety reasons after an individualized assessment of the circumstances. [ATTORNEY: confirm wording aligns with ADA "individualized assessment" obligations — services are a public accommodation and a fitness clause cannot be a blanket disability exclusion.]

• I should consult a physician before participating if I have heart, back, neck, or similar conditions, or any concern about vehicle entry/exit, a road trip, or (if applicable) a rough off-road ride.
• Pregnancy: guests who are pregnant may not ride on unpaved / off-pavement CyberTours routes.
• I authorize CyberTours to arrange or obtain emergency medical care for me (or a minor I sign for) if I am unable to consent, and I am responsible for the cost of that care.

8. Rules, conduct & alcohol

• I will follow the safety instructions of our guides and drivers, wear a seatbelt, and remain seated while the vehicle is moving.
• I will not participate under the influence of alcohol or drugs. CyberTours may refuse or remove anyone who is impaired or unsafe, with no refund.
• I am responsible for the children in my care at all times.

9. Minors

If anyone in my party is under 18, I represent that I am that minor's parent or legal guardian with authority to sign for them, I accept the risks and agree to this Waiver on their behalf, and I agree to indemnify the Released Parties as described in Section 5 with respect to that minor's participation. [ATTORNEY: Arizona has no controlling authority on whether a parent can waive a minor's own personal-injury claim — confirm scope of the minor release vs. the parental indemnity, and whether a separate per-minor signature is preferred. Also confirm whether a pre-injury release binds wrongful-death beneficiaries.]

10. Photo & media

Cyber Tours LLC (d/b/a Sedona CyberTours) may take photos and video during the trip and may use them to promote its services. If you do not want your likeness used, you must opt out before the trip begins by either (a) emailing us in advance at the contact address on your booking confirmation, or (b) telling your driver or guide before the vehicle departs. We will honor a timely opt-out. [ATTORNEY: confirm whether this should be opt-in vs. opt-out.]

11. Severability & governing law

This Waiver is governed by the laws of the State of Arizona. Any dispute will be brought exclusively in the state or federal courts located in Arizona [ATTORNEY: pin the county — Sedona spans Yavapai and Coconino — and decide whether to add arbitration; note Ariz. Const. art. 18, § 5 leaves assumption of risk to the jury]. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

12. Acknowledgment & electronic signature

I confirm that I have read and understood this Waiver, that I am at least 18 years old, that I am signing freely and voluntarily, and that I intend my typed name or electronic acceptance at online booking to be my legal signature under applicable electronic-signature law (including the Arizona Uniform Electronic Transactions Act, as applicable). I understand this acceptance occurs electronically at booking, not in person with a witness. I understand a paper copy is available on request.

I am the booking party (the "Signing Party"). By signing, I accept this Waiver for myself and, to the extent permitted by law, I represent that I have authority to accept it on behalf of every adult and minor in my booked party, and that each adult has been informed of this Waiver or will be informed before the trip. [ATTORNEY: enforceability of one booker's electronic signature binding other adult passengers' own personal-injury claims is unresolved under Arizona law; a per-passenger signature capture (or other operational fix) may be required — this text does not resolve that issue. Also confirm whether a pre-injury release binds wrongful-death beneficiaries.]