Last Updated: January 26, 2020
These Supplemental terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By using this website or by scheduling a motorcycle training session with a coach through this website, you expressly agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use this website or use any of the services available through the website.
This website is provided as a service by Harley-Davidson Motor Company and its dealers (“Harley-Davidson”) to facilitate connecting riders and potential riders with coaches who can provide training to such riders on how to ride a Harley-Davidson motorcycle or improve their motorcycle riding skills. These Supplemental Terms apply to the services made available on this website. These Supplemental Terms are subject to change by Harley-Davidson without prior written notice at any time, in our sole discretion. Any changes to these Supplemental Terms will be in effect as of the “Last Updated” date referenced above. You should review these Terms prior to using any of the services that are available on this website. Your continued use of this website will constitute your acceptance of and agreement to such changes.
The training made available through this website is not a “driving school.” The training is not controlled, endorsed or otherwise sponsored by Harley-Davidson or its affiliates and neither Harley-Davidson nor its affiliates sets, controls, or endorses the price, contract terms, quality, safety, conformance, or legality of such training.
YOU ARE AWARE AND UNDERSTAND THAT RECEIVING INSTRUCTION REGARDING RIDING MOTORCYCLES IS DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY RECEIVING INSTRUCTION REGARDING RIDING MOTORCYCLES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF HARLEY-DAVIDSON OR OTHERWISE.
You hereby expressly waive and release any and all claims which you may have, or which you may hereafter have, whether known or unknown, against Harley-Davidson, and its officers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), arising out of or attributable to your participation in any motorcycle training provided by a coach or your dealer, whether arising out of the ordinary negligence of Harley-Davidson or any Releasees or otherwise. You agree not to make or bring any such claim against Harley Davidson or any other Releasee, and forever release and discharge Harley-Davidson and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct by Harley-Davidson or any other Releasee, or any other liabilities against Harley-Davidson or a Releasee that the law of your state of residence does not permit to be released by agreement.
You are hereby expressly waiving any and all claims of any kind against Harley-Davidson and the Releasees arising out of or attributable to your use of the website or any of the services made available through the website or your participation in any motorcycle training provided by a coach or your dealer, including those claims that may be unknown to you, or which you do not suspect to exist at this time, against Harley-Davidson. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Dispute Resolution and Binding Arbitration.
You and Harley-Davdison Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Harley-Davidson arising out of or relating to your access or use of the services made available through the website will be resolved exclusively and finally by binding arbitration in the state of your residency.
By accessing or using our website or any of the services made available through the website, you unconditionally agree that all disputes arising out of, or related to, your access and use of our website or the services made available through the website will be resolved entirety through binding individual arbitration, rather than in court. Arbitration uses a neutral arbitrator instead of a judge or a jury, allows more limited discovery than in court, and is subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award. You may also assert individual claims in small claims court if your claims otherwise qualify in your local jurisdiction. The Federal Arbitration Act and federal arbitration laws apply to these Terms.
If you seek arbitration or elect to file a small claims court action, you must first send Harley-Davidson, by certified mail, a written notice of your claim to our legal department at: Harley-Davidson Motor Company; 3700 West Juneau; Milwaukee, Wisconsin 53208; ATTN: Legal Department. This notice, whether sent by you or Harley-Davidson, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief the party sending the notice seeks (the “Demand”). If you and Harley-Davidson do not reach an agreement to resolve the claim within 30 days after the notice is received, either you or Harley-Davidson may commence an arbitration proceeding or file a claim in small claims court if available in your jurisdiction. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
The arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”), https://www.jamsadr.com, 1-800-352-5267. You can contact JAMS to find out more information about how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. Harley-Davidson will reimburse those fees for claims totaling less than $10,000. Likewise, Harley-Davidson will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed location.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator issues you an award that is greater than the value of Harley-Davidson’s last written settlement offer made before an arbitrator was selected (or if Harley-Davidson did not make a settlement offer before an arbitrator was selected), then Harley-Davidson will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
You may download or copy of form Notice and a form to initiate arbitration at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. If you are required to pay a filing fee, after Harley-Davidson receives the notice at the address listed below that you have commenced arbitration, Harley-Davidson will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $75,000, in which event you will be responsible for the filing fees.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Harley-Davidson will be entitled to join or consolidate claims by or against other USERS OF THE WEBSITE or the services avaialble through the website in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Supplemental Terms. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Supplemental Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.