Adventure Activity Waiver

ADVENTURE ACTIVITY WAIVER

RECITALS

WHEREAS, Provider operates, manages and conducts adventure programs, excursions and related activities including but not limited to guided hiking, climbing, zip-line, rafting, and aerial courses (collectively, the Activities), and maintains equipment, facilities and instruction for participation therein; and

WHEREAS, Participant desires to voluntarily participate in one or more Activities offered by Provider and acknowledges that such Activities involve inherent risks, hazards and dangers which can result in personal injury, property loss or death; and

WHEREAS, Provider requires Participant to execute this Waiver and Release as a condition of participation to define the parties' rights and obligations with respect to risks, payment, confidentiality and other matters described herein.

PARTICIPANT INFORMATION

EMERGENCY CONTACT

SCOPE OF ACTIVITIES

Participant acknowledges that the Activities to be provided by Provider include the following description and any reasonably related activities expressly authorized by Provider's staff:

ACKNOWLEDGEMENT OF RISKS

Participant expressly acknowledges and agrees that participation in the Activities involves known and unknown risks, including but not limited to slips, falls, collisions, equipment failure, negligent acts by other participants, weather-related hazards, hypothermia, heat exhaustion, and remote evacuation. Participant understands that such risks may cause bodily injury, permanent disability, death, or damage to property.

ASSUMPTION OF RISK; WAIVER AND RELEASE

In consideration of Provider permitting Participant to engage in the Activities, Participant, on behalf of Participant and Participant's heirs, assigns and next of kin, hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Provider, its owners, officers, employees, volunteers, agents and contractors (collectively, Released Parties) from any and all liability, claims, demands, actions or causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Participant while participating in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

Participant further acknowledges that Participant is voluntarily participating and accepts full responsibility for the risks, costs and consequences of such participation.

INDEMNIFICATION

Participant agrees to defend, indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) arising out of or resulting from Participant's acts or omissions in connection with Participant's participation in the Activities, including claims brought by third parties.

MEDICAL REPRESENTATIONS AND CONSENT TO TREATMENT

Participant represents that Participant is physically fit and has no medical condition that would preclude safe participation. Participant authorizes Provider to obtain emergency medical care and transport should Participant become injured or ill while participating. Participant agrees to be responsible for all costs of such medical care and transport.

PAYMENT TERMS

Participant agrees to pay Provider the fees for the Activities as set forth below. Failure to timely pay may result in removal from the Activity and collection actions.

TERM AND TERMINATION

This Waiver is effective as of the date of execution below and shall remain in effect for all Activities in which Participant participates unless earlier terminated as set forth herein.

CONFIDENTIALITY

Participant acknowledges that certain operational, safety and training information communicated by Provider may be proprietary or confidential. Participant agrees not to disclose confidential operational information to third parties and to use such information only for safe participation in the Activities. This confidentiality obligation does not apply to information that is or becomes publicly known other than by Participant's breach.

MEDIA RELEASE

Participant hereby grants Provider and its agents the irrevocable right to photograph, record and use Participant's likeness, voice and statements in promotional or instructional materials, in any medium, without further consent or payment, unless Participant checks the box below.

GOVERNING LAW; ENTIRE AGREEMENT

This Waiver shall be governed by and construed in accordance with the laws of the state or jurisdiction specified below without regard to conflict-of-law principles. Any dispute arising under this Waiver shall be subject to the exclusive jurisdiction of the state and federal courts located in that jurisdiction.

This Waiver constitutes the entire agreement between Participant and Provider with respect to the subject matter herein and supersedes all prior agreements and representations, whether written or oral. No modification shall be effective unless in writing and signed by both parties.

ACKNOWLEDGMENT AND EXECUTION

Participant acknowledges that Participant has read this Waiver carefully, understands its terms, and signs it voluntarily. Participant acknowledges receipt of any required safety briefings and has had the opportunity to ask questions regarding the Activities and this Waiver.

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