Waiver, Release & Assumption of Risk

1. The activity

CyberTours provides guided Cybertruck tours and point-to-point rides in and around Sedona, Arizona. These are outdoor, motorized activities that may include travel on paved roads, unpaved or back-country roads, and uneven terrain, with stops where you enter and exit a large electric vehicle.

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. These risks include, but are not limited to:

• being bounced, jolted, jarred, or thrown about while riding over rough, rutted, rocky, or unpaved terrain;
• vehicle collision, loss of control, rollover, mechanical failure, or being struck by objects;
• slips, trips, and falls — including on loose, steep, or uneven ground when entering or exiting the vehicle at scenic stops;
• head, neck, back, and other serious injuries; broken bones; and aggravation of pre-existing conditions;
• hazards of a large electric vehicle, including movement, electrical or battery hazards, and noise;
• weather, heat, sun, dehydration, dust, altitude, wildlife, insects, and other natural conditions;
• remote locations where emergency, rescue, or medical response may be delayed or limited;
• the conduct, negligence, or inattention of other participants, other drivers, or third parties; and
• serious bodily injury, permanent disability, paralysis, and death.

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 Sedona CyberTours and its owners, members, employees, drivers, guides, agents, and contractors (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.

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) brought by me, by anyone in my party, or by any third party, to the extent it arises from my participation, my conduct, the conduct of those in my party, or my breach of this Waiver — except to the extent caused by a Released Party's gross negligence 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 a bumpy off-road activity that requires getting in and out of a vehicle on uneven ground, and that I have disclosed any condition that may affect safe participation. CyberTours may decline or end participation for safety reasons. [ATTORNEY: confirm wording aligns with ADA "individualized assessment" obligations — a tour is 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 a rough ride.
• Pregnancy: guests who are pregnant may not ride on unpaved / off-pavement 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 above with respect to that minor's participation. [ATTORNEY: Arizona has no controlling authority on whether a parent can waive a minor's own claim — confirm scope of the minor release vs. the parental indemnity, and whether a separate per-minor signature is preferred.]

10. Photo & media

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, tell your guide and we will honor it. [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 to be my legal signature. I understand a paper copy is available on request. When required, every adult guest signs this Waiver, and a parent or legal guardian signs for each minor, before the trip begins.