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1. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.

 

2. I fully and forever release and discharge Guide and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as “Guide”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Guide.

 

3. I will defend, indemnify, hold harmless, and reimburse Guide from and for all damages, losses, costs, or expenses (including legal fees) incurred by Guide or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Guide if anyone makes a claim against Guide in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.

 

4. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Guide, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Guide responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Guide. I waive my insurers’ right to make a claim against Guide based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Guide.

 

5. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.

 

6. I am over 18 years of age and have full capacity to enter into this agreement. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.

 

7. I will follow any and all instructions, recommendations, and cautions of Guide at all times during the Activity. I understand that Guide reserves the right to refuse or deny participation to any participant for any reason whatsoever. I also understand that Guide reserve the right to terminate any or all portions of any part of the itinerary at any time, should I fail to act appropriately with regards to my own personal safety and/or the safety of other individuals participating in the Activity. This determination of appropriateness in my actions and behavior shall be at the professional discretion of Guide or their representatives. If at any time I choose to threaten, harass, physically assault or endanger the safety or well-being of other participants or the public, I understand that my ability to continue to participate may be terminated, with no financial recourse and no right to make any claim for monetary compensation, or otherwise. Further, should my inappropriate behavior disrupt the Activity’s itinerary, I understand that I may become liable for additional incurred expenses.

 

8. I understand that the area, local events and/or prevailing weather conditions may cause substitutions of, inconvenience or modification to any or all portions of the itinerary. Guide reserves the right to modify and/or cancel the Activity due to unfavorable weather conditions, or any other conditions, which warrant modifications or cancellation. It is understood and agreed that Guide makes no warranty and assumes no responsibility or liability for such substitutions, modifications or cancellations.

 

9. I hereby grant Guide, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.

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