Big Bear Recovery

Effective Date: 3

By electronically approving this agreement, you acknowledge and agree to the following terms:

1. Definitions

• "Recovery Services": The services provided by Big Bear Recovery as outlined in the subscription package.

• "Subscriber": Any individual or entity who purchases the subscription package.

• "Vehicle": Any motorized vehicle eligible for recovery under this agreement.

2. Subscription Details

• The subscription package allows for specified recovery services as outlined in the subscription plan.

• Subscriptions are non-refundable but can be canceled at any time by the customer through the online portal.

• Subscriptions may be cancelled by Big Bear Recovery if not within the parameters of the 150 miles or additional coverage. Fleet contracts are always subject to approval. If cancelled by Big Bear Recovery a full refund will be issued to customer and may take 7-15 days for refund.

3. Limitations of Service

• Big Bear Recovery reserves the right to determine the suitability of recoveries based on vehicle type, location, and environmental conditions. Not all recovery requests may be fulfilled if deemed unsuitable or unsafe.

• Response times to call-outs may vary based on circumstances, including vehicle availability, traffic conditions, DOT regulations and service demand.

• Big Bear Recovery prioritizes emergency situations; however, response times may still vary.

• Add-on subscriptions are for additional onsite repair coverage only attached to a recovery call. A recovery call is classified as a stuck vehicle trapped by terrain or obstacle but still drivable if it was unstuck. The add-on coverage is applied when a stuck vehicle is recovered by needing a winch or pull and an “add-on” is needed for the vehicle to continue working in which an add-on is covered at the subscription price and not full price. These services are still available to no add-on subscribers but at full price.

• Big Bear Recovery’s primary role is to recover your vehicle and make it available for the customer to access their roadside assistance on the vehicle.

4. Liability Disclaimer

• Big Bear Recovery is not liable for any damages to vehicles during recovery, including but not limited to:

• Delays due to vehicle maintenance or breakdowns.

• Telecommunications failures affecting service response.

• Missing or damaged vehicle or its parts, items left in vehicles, or any issues related to tires or suspension components before, during, or after recovery services.

• All repairs done for the field recovery are not to be considered a permanent fix and should be taken to a certified repair shop for inspection and replacement. This includes but not subject to any welding, tire repairs rim cracks or suspension repairs. Vehicles should not be driven on the roadway after repair and should operate off road with a speed of 5 mph or less to the roadway.

• Big Bear recovery services are generally not covered by auto insurance carriers and are generally not applicable to reimbursement by these carriers until you are accessible by the roadway. Big Bear Recovery is paid upfront and after services and does not bill by net 20 or net 30 or any other “delayed” period.

• Customers are responsible to file their own claim with their own auto insurance to see if they will partially reimburse costs endured from their off road recovery. o Customer agrees ahead of time to consent to any filming or pictures of any recovery conducted in the public space and agrees to any content being used on YouTube for promotional purposes. It is the customer’s responsivity if wanting to remain private to create their own privacy and remain away from the recovery site after initial contact or out of camera view.

5. Additional Costs

• Customers may incur additional costs for services not included in the base subscription plan. These costs will be outlined and communicated before any additional services are provided for non-subscription holders. For subscription holders these costs are evaluated and determined by the customer already during checkout. Customer is subject to additional service add-ons not purchased during their subscription.

• All hourly rate calculations are rounded to the nearest hour.

6. Customer Responsibility

• Customers are responsible for ensuring that their vehicles are safe and suitable for recovery and that all necessary precautions are taken before, during, and after recovery services.

• Off-road subscription holder must be present with the vehicle being recovered and must be the one requesting the recovery.

• See liability disclaimer for filming consent.

• Subscriptions have a 3-day processing hold on services after time of purchase. Subscription holders will not be able to access subscription benefits until after the 3rd day of purchase.

7. Changes to Terms

• Big Bear Recovery reserves the right to change these terms at any time. Customers will be notified via email of any significant changes.

8. Force Majeure

• Big Bear Recovery shall not be liable for delays or failures in service due to circumstances beyond its reasonable control, including natural disasters, pandemics, or other emergencies.

9. Dispute Resolution

• Any disputes arising from this agreement will be addressed through mediation. If unresolved, disputes will be submitted to binding arbitration at the customer’s expense.

10. Privacy Policy

• Customer information will be handled in accordance with our privacy policy, which is available on our website.

11. Contact Information

• For any inquiries or concerns regarding this agreement, please contact us at [insert contact information].

12. Acknowledgment of Terms

• By electronically signing this disclosure agreement, you confirm that you have read, understood, and agreed to the terms and conditions outlined herein.

13. Governing Law

• This agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

Customer Signature:

Date: