Disclaimer Effective 03/05/2025

BIG BEAR RECOVERY LLC

DISCLAIMER & TERMS OF SERVICE

Effective Date: 3/5/2025

These Terms of Service (“Terms”) form a binding agreement between the customer (“Customer”) and Big Bear Recovery LLC (“BBR,” “we,” “our,” or “us”). By requesting, authorizing, purchasing, or participating in any BBR service—whether in person, electronically, or by phone—the Customer acknowledges and agrees to these Terms.

Important Notice for Subscribers

• Your subscription covers standard recoveries only, which include 1 hour of service per recovery.

• Any additional time, heavy equipment, specialized logistics, or third-party services are not included and will be billed separately.

• Subscribers must be within 150 air miles of Yuma, AZ. Subscribers outside this radius automatically incur additional charges for mileage, time, or resources beyond the standard one-hour recovery.

• UTV Offroad Adventure Club Members follow their own specific rules (see Section 7).

Failure to comply with these limits may result in extra fees and billing, regardless of subscription purchase or knowledge of the rules.

1. ASSUMPTION OF RISK & RELEASE OF LIABILITY

1.1 Inherent Risks

Off-road vehicle recovery involves inherent dangers, including but not limited to:

• Personal injury or death

• Damage to vehicles, equipment, or terrain

• Unstable ground, weather hazards, or poor visibility

• Mechanical failures

• Recovery equipment stress or line failure

By requesting or receiving services, the Customer voluntarily assumes all risks.

1.2 Release of Liability

To the fullest extent allowed by Arizona law, the Customer releases BBR, its owners, employees, contractors, partners, and affiliates from all liability for injuries, losses, damages, or claims arising before, during, or after any recovery operation.

This release does not waive liability for BBR’s gross negligence or intentional misconduct.

1.3 Safety Requirements

Customers and bystanders must:

• Keep a safe distance

• Follow all BBR instructions

• Avoid interfering with operations

Anyone who remains near the recovery area does so at their own risk.

1.4 No Warranty

BBR provides no guarantee related to:

• The outcome of a recovery

• The condition of the vehicle after recovery

• Avoidance of damage

• Time required to complete the service

2. VEHICLE CONDITION & RECOVERY LIMITATIONS

2.1 Damage Risk

BBR does not guarantee a damage-free recovery due to the nature of off-road environments. BBR is not responsible for:

• Mechanical or drivetrain damage

• Cosmetic damage

• Broken components

• Pre-existing damage worsened by extraction

• Necessary repositioning or winching damage

2.2 Customer Responsibility

The Customer accepts full responsibility for their vehicle and any resulting damage.

2.3 What Counts as a “Recovery”

A recovery includes:

• Stuck vehicle extraction

• Disabled/off-trail vehicle assistance

• Unstable vehicle stabilization

• Rollovers or total-loss extraction

• Any situation where a standard tow truck cannot access the vehicle

2.4 Supplementary Services

2.5 Incorrect Location Information

The Customer is responsible for providing accurate GPS coordinates and location details. Additional fees may apply for:

• Wrong location

• Vehicle moved after dispatch

• Customer leaving the scene

• Time spent searching

• On-scene cancellation

2.6 Glamis / Imperial Sand Dunes Restrictions

• In Season: recovery requests are case-by-case only.

• Out of Season: included for subscribers.
  BBR may refuse or delay service due to unsafe conditions.

2.7 Best Efforts

BBR uses industry-standard techniques and training but cannot eliminate inherent recovery risks.

3. TRAIL REPAIRS & TEMPORARY SOLUTIONS

3.1 Temporary Only

Trail repairs are temporary and intended only for moving the vehicle to safety.

3.2 No Warranty

BBR makes no warranty regarding the effectiveness or longevity of temporary repairs.

3.3 Mechanic Inspection Required

Vehicles should be professionally inspected immediately following recovery.

4. CUSTOMER AUTHORIZATION & ACCESS

4.1 Remote Authorization Allowed

Customers may authorize recovery without being physically present if they:

• Provide access to the vehicle

• Arrange key retrieval

• Grant permission to recover in their absence

4.2 Right to Access Property

Customer authorizes BBR to access private or public property as reasonably necessary for recovery. BBR is not liable for access-related damage unless caused by gross negligence.

5. HAZARDOUS ENVIRONMENTS & NIGHT OPERATIONS

5.1 Right to Refuse Unsafe Recoveries

BBR may refuse or delay service due to:

• Extreme weather

• Flood risk

• Unstable terrain

• Water or mud hazards

• Cliffs or ravines

• Dangerous dune conditions

• Fire hazards

5.2 Night Operations Fee

A $50 night-operations fee applies to nighttime recoveries.

6. SUBSCRIPTIONS

6.1 Activation

Subscriptions activate three (3) days after purchase.

6.2 Geographic Eligibility

6.3 Subscriber Presence Requirement

Subscribers must be on-site unless remote authorization is arranged.

6.4 Subscription Types

• Grizzly Subscription: 1 recovery per month

• Fleet Subscription: Unlimited recoveries (fair-use applies)

6.5 Fair-Use Limit

More than five (5) recoveries in a month may incur additional charges.

6.6 Billing

6.7 Refund Policy

• Call-out fees

• Services already rendered

• Failure to cancel through the dashboard

6.8 Cancellation

Cancellations must be made through the Customer dashboard.

6.9 Standby Time

• Non-subscribers: $175/hour (rounded up)

• Subscribers: 1-hour standard recovery included per dispatch. Any additional time beyond the standard one-hour recovery will be billed at BBR’s normal hourly rate.

6.10 Mileage Fees

• $4 per mile for distances over 150 miles and under 250 miles

• Over 250 miles: billed hourly
  Subscribers outside the 150-mile radius are subject to these fees in addition to standard recovery charges.

6.11 Skid Steer Services

6.12 Recovery Limitations & Additional Costs

Subscribers acknowledge that not all recoveries are achievable with the standard resources included in the subscription. Certain situations may require:

• Heavy equipment

• Specialized logistics or coordination

• Extended recovery time beyond one hour

Any additional equipment, third-party services, or extended labor required to complete a recovery are the sole responsibility of the Customer and will be billed separately. The subscription only covers the standard one-hour recovery as described in section 2.3.

7. UTV OFFROAD ADVENTURE CLUB MEMBERSHIP

7.1 Coverage

Membership covers:

• Stuck vehicle extraction

• Disabled removal

• Rollovers

• Total-loss recovery

7.2 Non-Recovery Situations (Not Covered)

Non-covered situations include:

• Flat tires

• Dead batteries

• Fuel issues

• Broken belts

• Mechanical failures

• Lost riders

• Minor trail assistance

These are billed separately.

7.3 Response Time

Typical ETA is within 24 hours, subject to: weather, terrain, equipment, distance, road closures, and subcontractor availability.

7.4 Subscription Timing

7.5 Tour Company Independence

BBR is independent and not responsible for:

• Route selection

• Rider instruction

• Tour guide actions

• Accidents

• Mechanical failures

• Any incident occurring during the tour

7.6 Subcontractor Liability

BBR may subcontract due to distance or logistics. BBR is not liable for subcontractor delays, performance, pricing, or damages. Customer pays subcontractor fees plus any BBR admin fees.

7.7 Non-Recovery Situations

Reemphasized: only hard recoveries are included. Hard recoveries are limited to the standard one-hour service included under the subscription. Any additional time, equipment, or complex logistics required beyond standard recovery are billed separately.

7.8 Off-Route or Unsafe Locations

If a rider leaves the designated tour route, enters unsafe or restricted areas, or encounters hazardous terrain, BBR may:

• Refuse service

• Delay service

• Charge additional fees

• Require additional equipment

7.9 Compliance With Tour Company Rules

7.10 No Agency Relationship

7.11 Subcontracting Rights (Reaffirmed)

BBR may subcontract any recovery at its sole discretion.

8. PAYMENT, DEPOSITS & NON-PAYMENT

8.1 Upfront Payment

Call-out fees must be paid before dispatch.

8.2 Long-Distance Deposits

Long-distance recoveries may require a non-refundable deposit.

8.3 Non-Payment Consequences

If payment is refused:

• Vehicle may remain “on-hook” until paid

• Third-party storage fees may apply

• Additional fees may be added

8.4 Chargeback Prohibition

Customer agrees not to dispute or chargeback payments for services rendered. Fraudulent chargebacks may result in legal action and recovery of all related costs.

9. STORAGE

If storage is needed:

• Third-party tow yard/storage fees apply

• Customer pays drop-off and storage costs

BBR generally brings vehicles back to roadway access and does not normally store vehicles.

10. VIDEO RECORDING & MEDIA USE

10.1 Operational Recording

BBR may record all recoveries for safety, training, documentation, and legal purposes.

10.2 Promotional Use

Customer grants BBR permission to use images or footage for:

• Social media

• Marketing

• Influencer content

• Monetization
  without compensation.

10.3 Opt-Out of Public Use

Customers may request in writing not to appear in influencer-style content; however, operational recording cannot be prevented.

11. INDEMNIFICATION

Customer agrees to indemnify and hold BBR harmless from claims arising from:

• Customer actions

• Failure to follow directions

• Interference with recovery

• Concealed hazards

• Misrepresentation of vehicle condition

• Damage to BBR equipment

12. COMPLETION OF RECOVERY

13. GOVERNING LAW & ENFORCEMENT

BBR may report suspicious activity or unsafe conditions to law enforcement.

CUSTOMER ACKNOWLEDGMENT

By paying for any subscription service or requesting service, the Customer agrees to the Big Bear Recovery LLC Disclaimer & Terms of Service, including the limitations of standard recoveries, geographic restrictions, and potential additional costs under subscription services.

Customer Signature:

Date: