Disclaimer Effective 03/05/2025
Big Bear Recovery Disclaimer & Terms of Service
1. Assumption of Risk & Release of Liability
By requesting or participating in any recovery, roadside assistance, or related services provided by Big Bear Recovery (BBR), the customer acknowledges and voluntarily accepts the inherent risks associated with off-road vehicle recovery operations. These risks may include, but are not limited to, personal injury, property damage, or fatality arising from factors such as terrain conditions, weather, recovery operations, or equipment usage.
BBR, including its owners, employees, agents, affiliates, and contractors, is not liable for any damages, injuries, or losses incurred before, during, or after any recovery operation. Customers and bystanders expressly assume all risks involved with these services.
If the customer chooses to assist in or remain in the vicinity of the recovery operation, they do so at their own risk and waive any claims against BBR. Customers are strongly advised to maintain a safe distance from all recovery operations and to refrain from participating unless authorized by BBR personnel.
BBR makes no warranty, express or implied, regarding the safety or outcome of recovery operations. Notwithstanding this waiver, nothing in this agreement limits the liability for gross negligence or willful misconduct on the part of BBR.
2. Vehicle Condition & Recovery Limitations
BBR does not guarantee that a vehicle will be undamaged during or after recovery. Off-road recovery involves challenging conditions, and BBR is not responsible for any damage to the vehicle, including broken parts, mechanical failures, or any pre-existing damage that may be affected or worsened during recovery operations.
Customers assume full responsibility for their vehicles and any resulting damage incurred during the recovery process. While BBR strives to minimize damage through experience, training, and specialized equipment, customers must understand that off-road recoveries inherently carry risks.
A recovery is defined as assisting a stuck or unstable vehicle off the trail. Additional services, such as jump starts, fuel delivery, tire changes, or other supplementary services, are only provided as part of the recovery effort and are not standalone services. If standalone services are needed, they come at a discount for BBR subscribers.
Services to the Glamis area are excluded during open season periods (Imperial County Recreational Area season). Recovery in this area is subject to approval on a case-by-case basis.
BBR will take all reasonable steps to prevent damage during recovery but is not liable for damages caused by inherent risks of off-road recovery.
3. Trail Repairs & Temporary Solutions
During recovery operations, BBR may perform temporary trail repairs to assist the vehicle in reaching a safer location or professional mechanic. However, BBR makes no warranties regarding the effectiveness of these repairs.
Customers must have their vehicles inspected by a certified mechanic after any recovery or repair. BBR strongly recommends that all recovered or repaired vehicles be trailered and not driven until thoroughly checked.
BBR is not responsible for the adequacy or sufficiency of any temporary repairs performed during recovery.
4. Subscription Terms & Conditions
Subscription Benefits take effect three (3) days after the initial purchase.
To be eligible for a subscription, customers must be within 150 air miles of Yuma, Arizona. Any subscription request outside this radius may be denied, and approval will be required before processing. BBR reserves the right to cancel or refuse refunds for subscriptions processed without prior approval.
Subscription holders must be present at the time of recovery for the service to be valid.
Customers are billed monthly on the same day of their original subscription purchase. Upon checkout, customers may opt for a 20% discount by selecting the annual payment plan, billed yearly on the same date.
All subscriptions are non-refundable except where required by applicable law. Non-refundable status applies only if services are rendered. For example, refunds are not provided if a call out fee has been paid, and the customer decides to cancel or on any services or subscriptions provided.
Customers may cancel their subscription at any time via their account dashboard. Cancellations cannot be processed via phone or email. It is the customer’s responsibility to manage their subscription through the dashboard. Stripe, a third-party payment platform, processes all payments.
Add-on services selected during the subscription process are fully covered during a recovery call-out.
For non-subscribers, standby time is billed at $175 per hour, rounded up to the nearest hour. Subscribers have a one-hour Included grace period before additional fees apply.
Skid Steer Services (tracked vehicles) are not included in any subscription coverage and are billed separately as an add-on. This service is operated by a third party, and both the skid steer rate and BBR hourly rate apply during usage.
To cancel any subscription, customers must do so by logging into their account dashboard and following the cancellation instructions.
BBR reserves the right to refuse any fraudulent or unauthorized subscription requests based on information verification processes.
UTV OFFROAD ADVENTURE CLUB MEMBERS SUBSCRIPTIONS:
BBR is a third-party recovery provider for UTV Offroad Aventure tour riders. subscriptions offered are for hard recovery removals only, such as stuck, disabled or total loss.
Additional services needed are not included with subscriptions and customers can request other services that will be billed separately. BBR is located in Yuma Arizona and responds to all requests from this location on a 24/hr basis to all calls. ETA's are generally within 24/hrs. Things that can delay a recovery but not limited too are Location, weather, road closures and breakdowns.
Riders booking tour dates need to have the subscription purchased 48 hours before the ride date and terminate after the tour has concluded. Anyone that purchases a subscription on the same day as the ride need to call BBR for approval. Anything purchased on the same dates of the actual tour will be credited toward a full cost recovery.
5. Payment & Fees
All call-out fees must be paid upfront. Any additional fees, if applicable, must be settled immediately after the services are rendered.
Non-payment or refusal to pay for services may result in the vehicle being “on-hook” until full payment is received. BBR reserves the right to withhold vehicle release until all payments are processed. BBR may charge reasonable storage fees for vehicles that remain on-site due to non-payment.
6. Video Recording, Media Use & Influencer Content
A. Recording for Documentation & Training
BBR reserves the right to film, photograph, and document all recovery operations for purposes related to safety, training, quality control, and legal compliance. Video footage and images may be used to verify service completion, evaluate recovery techniques, and maintain accurate records.
B. Social Media & Influencer Content
By requesting services, customers agree to allow BBR to use video footage, images, and other media captured during the recovery for promotional, marketing, and monetization purposes. This includes, but is not limited to, social media platforms (e.g., Instagram, Facebook, YouTube), promotional materials, and other digital media outlets.
Customers waive any claims to privacy, compensation, or royalties concerning these materials. If a customer does not wish to be featured in influencer content, they must inform BBR in writing prior to service. However, this request does not prevent BBR from filming or recording the recovery operation itself.
7. Legal & Enforcement
This agreement is governed by the laws of the State of Arizona and is enforceable in Yuma County, AZ. By accepting services from BBR, customers agree to these terms and waive any right to dispute charges or hold BBR liable for any damages, injuries, or losses incurred during or after service.
BBR may report any suspicious activity or questionable vehicle recovery situations to the appropriate law enforcement authorities.
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