Release of Liability
RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
I. DEFINITIONS
In this Agreement, the term “adventure activities” refers to all tours, accommodations, transportation, services and equipment provided, organized, guided or authorized by Adventure Tours Romania (ATR), operated by TUINSTRA INVEST SRL, (Enduro Riding, Snowmobile Riding, Adventure Riding). Activities include but are not limited to:
- Guided or self-guided motorcycle enduro adventures
- Motorcycle adventure adventures
- Snowmobile adventures
- Backcountry travel and wilderness exploration
- Equipment rental or usage
- Demonstrations, briefings, and safety instructions
- Travel by motor vehicle, 4×4 support van, motorcycle, snowmobile or on foot
- All related activities taking place in natural, rugged, mountainous, or forest terrain in Romania
II. RISKS INVOLVED
I acknowledge that wilderness adventure activities involve inherent risks and hazards, including but not limited to:
- Riding on unmarked or unmaintained forest roads, off-road terrain, and mountain trails
- Exposure to variable weather, low visibility, mud, loose rocks, ice, and slippery surfaces
- Technical or mechanical failures of vehicles or equipment
- Risks of falls, collisions, or loss of control of the motorcycle/snowmobile
- Possibility of injuries, animal encounters, or sudden weather changes
- Getting lost or separated from the group
- Inability to receive immediate rescue or medical attention due to remote locations
- Physical exertion in potentially extreme or unfamiliar conditions
III. ASSUMPTION OF RISK
I voluntarily choose to participate in these activities with full understanding of the associated risks. I accept full responsibility for:
- My physical condition and ability to safely participate
- Operating any vehicle or equipment provided or authorized by ATR
- Following all instructions given by the ATR guides or staff
- Acting responsibly to ensure my own safety and that of others
IV. RELEASE OF LIABILITY AND WAIVER
In consideration for ATR allowing me to participate, I agree to:
- Waive all claims I may now or in the future have against ATR, its guides, employees, or agents.
- Release ATR from all liability for any personal injury, death, property damage, or other loss resulting from participation—regardless of cause, including negligence.
- Indemnify ATR from any claims made by third parties arising from my actions during the tour.
- Recognize that this agreement shall be governed by Romanian law and that any disputes shall fall under the jurisdiction of the Romania Courts.
SAFETY BEHAVIOR GUIDELINES
A. While Riding in Open Terrain (Mountains, Forests, Trails)
- Follow your instructions at all times
- Do not overtake or separate from the group
- Keep safe distances to avoid collisions
- Beware of sudden drops, hidden rocks, muddy paths, or ice patches
- In fog, rain, or snow: reduce speed, stay visible, maintain group cohesion
B. In the Forest and Natural Areas
- Stay alert for wild animals or falling branches
- Avoid damaging vegetation or leaving litter
- Be cautious when crossing streams, logs, or steep terrain
- Inform guides of any discomfort or equipment issues immediately
PARTICIPANT DECLARATION
Through the registration for the Adventure tour, the customer expressly agrees with the following statement:
I am fully aware of the dangers of (On Road/ Off Road driving) motorcycling/snowmobile on and outside surfaced routes and in particular of the motor/snowmobile tours that I am going to do. There are risks involved which one should not underestimate, such as riding along canyons, past trees or shrubs, encountering deep holes in the paths, and the possible presence of animals crossing the routes. It is also possible to encounter oncoming vehicles such as agricultural machines, pedestrians, cyclists, and other motorcyclists. Participation in the trip takes place entirely at one’s own risk.
I agree that neither Adventure Tour Romania (ATR), represented by Rienk Tuinstra, nor its representatives, agents, or third parties engaged by ATR, are liable for personal accidents, property damage, financial loss of any kind, or for any other (damaging) situations occurring during the adventure tours. ATR is not responsible for the behavior of other participants in the group or of third parties, nor for traffic conditions.
I will strictly observe the instructions given by or on behalf of ATR, follow traffic rules, and comply with group regulations. I agree not to cause harm through my behavior to others or the environment. I confirm that I am physically fit for the adventure motorcycle/snowmobile tours and meet the requirements of the tour. I possess a valid motorcycle/snowmobile license and adequate insurance. The motorcycle/snowmobile I will use during the adventure tours is in good working condition.
I acknowledge that I am solely responsible for wearing appropriate protective gear such as cross boots, knee protection, body armor, gloves, a certified helmet, and suitable Enduro goggles to protect my eyes. I will pay attention and follow all instructions provided during the training session. I understand that participation involves a degree of risk. However, I confirm that neither Adventure Tour Romania (ATR) nor any of its affiliated entities shall be held responsible if I am injured. If I cause damage to other persons or their property, I accept full responsibility and will ensure that ATR or any of its related companies do not incur any damages in this regard.
Acknowledgment of Understanding: I am 18 years of age or older and have read this Liability Statement thoroughly. I fully understand its terms and acknowledge that I am waiving substantial rights, including the right to sue. I further confirm that I am signing this agreement voluntarily and of my own free will.
I understand that I am fully responsible for the proper use and condition of the rented motorcycle/snowmobile throughout the rental period. Before starting the tour, I will inspect the vehicle and ensure that it is in functional condition. If I notice any pre-existing damage or mechanical issues, I will report them to the Owner/Operator before departure. By accepting the vehicle, I confirm that it meets all operational standards and that I will use it responsibly, following all safety regulations.
I acknowledge that motorcycle tours and snowmobile tours involve inherent risks and that I am participating at my own risk. I commit to having valid extreme sports insurance that covers accidents, injuries, medical expenses, and liability for damages caused to the rented vehicle or third parties. I understand that the Owner/Operator is not responsible for any injuries, damages, or losses that are not covered by my insurance.
I consent to ATR retaining my contact details for marketing purposes, under the following terms:
Data Processing Agreement GDPR – The Parties agree to implement a data processing agreement in accordance with the applicable legal framework on data protection, specifically Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), and repealing Directive 95/46/EC.