Outdoor Activities Agreement

OUTDOOR ACTIVITIES AGREEMENT

This Outdoor Activities Agreement (Agreement) is entered into as of by and between Provider Name: with principal address (hereinafter "Provider") and Participant Name: with address (hereinafter "Participant"). Provider and Participant are each a "Party" and together the "Parties."

WHEREAS

WHEREAS, Provider operates, organizes and conducts outdoor activities, instruction and related services including but not limited to hiking, climbing, guided tours, paddling, and wilderness skills (collectively, "Activities"); and

WHEREAS, Participant desires to participate in certain Activities provided by Provider under the terms and conditions set forth in this Agreement; and

WHEREAS, the Parties wish to set forth their respective rights and obligations with respect to Participant's participation in the Activities.

SCOPE OF ACTIVITIES

Activities will occur at the location(s) and on the date(s) specified in the schedule provided by Provider. Participant acknowledges that the schedule may be modified for safety, weather, public health, or operational reasons, and Provider will notify Participant of material changes when feasible.

PAYMENT TERMS

If any payment is not received within days after the due date, a late fee of will be assessed, and Provider may suspend or cancel Participation until payment is made. Participant is responsible for all costs of collection, including reasonable attorneys' fees.

Credit or debit card    Check    Bank transfer

TERM AND TERMINATION

Term Commencement Date: . Term End Date: .

Either Party may terminate this Agreement for material breach by the other Party upon days' prior written notice specifying the nature of the breach. Provider may also terminate or refuse participation immediately if Participant presents a safety risk or fails to follow reasonable instructions. Termination shall not relieve Participant of obligations to pay for services already rendered or to reimburse Provider for nonrefundable expenses incurred prior to termination.

CONFIDENTIALITY

Each Party agrees that all non-public information obtained from the other Party in connection with this Agreement, including but not limited to Participant medical information, pricing, proprietary training methods and operational procedures, is confidential. Confidential information shall not be disclosed except to employees or contractors with a need to know for performance of this Agreement, or as required by law. The obligation of confidentiality shall survive termination of this Agreement for a period of two (2) years.

ASSUMPTION OF RISK AND INDEMNIFICATION

Participant acknowledges that Activities involve inherent risks including, but not limited to, slips, falls, collisions, exposure to weather, wildlife encounters, and remote medical conditions. Participant freely and voluntarily assumes all risks associated with participation, whether known or unknown, foreseeable or unforeseeable.

Participant hereby releases, waives, discharges and covenants not to sue Provider, its owners, employees, agents and contractors (Releasees) from all liability to Participant for any loss or damage, and any claim or demand for loss or damage on account of injury to person or property, whether caused by the negligence of Releasees or otherwise, arising out of Participant's participation in the Activities. To the fullest extent permitted by law, Participant shall indemnify, defend and hold harmless Releasees from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of Participant's acts or omissions.

I acknowledge that I have read, understand and accept the Assumption of Risk and Indemnification provisions above.

INSURANCE AND MEDICAL

Provider maintains generalized liability coverage appropriate to its operations. Participant is encouraged to maintain personal health insurance. Participant authorizes Provider to obtain or administer emergency medical treatment if Participant is injured or becomes ill and consents to disclosure of necessary medical information to medical personnel. Participant will be responsible for all costs of medical care.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction where the primary Activity commences, without regard to conflict of laws principles. Any dispute arising under this Agreement shall be resolved first by good faith negotiation between the Parties. If the Parties cannot resolve the dispute within thirty (30) days, either Party may pursue any available legal or equitable remedies in the appropriate court in the governing jurisdiction.

ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. This Agreement may be amended only by a written instrument signed by both Parties. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

EMERGENCY CONTACT & PARTICIPANT INFORMATION

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