BY SIGNING THIS AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ THIS DOCUMENT CAREFULLY! THIS AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN ACTIVITIES
The purpose of this Agreement is to exempt, waive, and release Released Parties from any and all liability for wrongful death, personal injury, and property damage, including, but not limited to liability arising from the negligence of Released Parties; and transfer the risk of loss arising out of the participation in the Activities to the Participant or person executing this Agreement. Definitions: “Released Parties” mean Irwin Backcountry Guides, LLC; CS Irwin, LLC; Grassy Creek, LLC; Fljótabakki ehf.; Black Sheep ehf.; Green Highlander ehf.; Hölkni ehf.; or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, contractors, assignees, officers, directors, members, and shareholders. “Activity” and “Activities” means taking part in any and all activities provided, organized, conducted, offered, booked, arranged, sponsored, authorized or guided by Released Parties, including but not limited to heliskiing, skiing or snowboarding, snowmobiling, hiking, snowshoeing and other form of backcountry travel; rental or use of skis, snowboards or other equipment; demonstrations, orientation and instructional courses; loading, unloading and travel by or movement in or around helicopters, snowcats, snowmobiles and motor vehicles; other activities, sport, leisure activity, amenity or travel, including but not limited to any hiking, climbing, walking, running, biking, kayaking, canoeing, swimming, shooting, excursion, pursuit, recreation; and/or using the transportation, aircraft, vehicles, equipment, accommodation, property premises or facilities of the Released Parties for any purpose. “Me”, “Myself”, and “I”, means the adult, being at least 18 years old, who is accepting the terms of this Agreement on behalf of Myself and, if applicable, on behalf of a minor. “Minor” means the minor Participant, being under 18 years of age. The person or persons actually taking part in Activity or Activities is referred to as “Participant” and “Participants”. In consideration of being allowed to participate in the Activities, on behalf of Myself and all other Participants, I agree as follows: 1. Acknowledgement and Assumption of Dangers and Risks: I acknowledge and accept that participating in the Activity is hazardous and involves risks and dangers, including but not limited to the risk of physical injury or death. I acknowledge and accept that the Released Parties may fail to predict whether an outdoor terrain is safe for Activities or whether an avalanche may occur. The outdoor terrain used for outdoor Activities is uncontrolled, unmarked, not inspected and involves many risks, dangers, and hazards in addition to that of avalanche. The dangers and risks of the Activities include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface snow conditions; avalanches; cornices; crevasses; cliffs; moguls; jumps; ice; variations in terrain; design and condition of man-made facilities; terrain features; downed timber and other forest growth; tree stumps and tree wells; rocks, boulders and debris; marked and unmarked obstacles; holes and depressions on or below the snow surface; snow immersion; collisions or impact with other persons, vehicles or objects; equipment defects, failure, malfunction, or misuse; collisions or encounters with snowmobiles, snowcats, helicopters, buggy cars and/or other motor vehicles; adverse and extreme weather conditions which may change rapidly and without warning; aircraft accidents; becoming lost or separated from one's party or guide; travel to and from Activity; changing water conditions; currents; rapids; cold water immersion; hidden underwater obstacles; trees or other above water obstacles; drowning; decompression; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, or fungi, which may be transmitted through direct or indirect contact; negligent first aid; negligence of other persons, including other guests; limited access to and/or delay of medical attention; and NEGLIGENCE ON THE PART OF THE RELEASED PARTIES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASED PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT PARTICIPANT FROM OR WARN PARTICIPANT OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I acknowledge that communication in remote and alpine terrain is difficult and that in the event of an accident, rescue and medical treatment may not be available or may be delayed. I acknowledge and accept that the description of the dangers, hazards and risks listed above is not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of Released Parties. I further acknowledge that no life-guards are on duty at swimming facilities, spas, and hot-tubs. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. 2. Waiver, Release and Indemnification: By signing this Agreement, I, on my own behalf and, if applicable, on behalf of Minor Participant(s), acknowledge and accept the risks and dangers associated with the Activities and agree to (1) assume any and all risks of injury or death to Participant resulting from participation in any Activity; (2) waive any and all claims that I have or may in the future have against the Released Parties and release the Released Parties from any and all liability for any loss, damage, expense, injury or death that I or a Participant may suffer, or that my or Participant's next of kin may suffer, as a result of participation in any Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASED PARTIES, including, but not limited to negligence and premises liability claims. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASED PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT PARTICIPANT FROM OR WARN PARTICIPANT OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES; (3) not sue or file any actions or claims against the Released Parties that are based on or result from, in whole or in part, participation in any Activities; (3) indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind, including any property damage or personal injury to any third party, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. 3. No Third-Party Liability: Released Parties may arrange travel, lodging, activities and/or excursions which are not directly supplied or offered by them. Released Parties maintain no control over the third-parties that supply or offer such travel, lodging, activities and/or excursions. Undersigned agree that Released Parties shall not be liable for any loss caused by such third-parties, including losses caused by the breach of contract, breach of warranty, or negligence of such third-parties that supply or offer travel, lodging, activities and/or excursions to Participant. 4. Duties of Participant: Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for understanding and complying with all signs and instructions. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I acknowledge that the pool has varying depths, and Participant will take appropriate caution. I agree that in the event of inclement weather, for the safety of Participant and at the direction of Released Parties, Participant shall remain at the premises and/or facilities of Released Parties. 5. Helmets: Released Parties recommend the use of helmets while participating skiing and/or boarding. I understand and agree that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the Activity and other related activities can expose the user to forces that exceed the limits of protection provided by this helmet. Helmet Use DECLINED: Notice to Snowboarders and Telemark Skiers – Increased Risk: Unlike alpine ski boot/binding systems, snowboard and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances. The use of a safety strap or retention device by snowboarders or telemark skiers without ski brakes will increase the risk of not surviving an avalanche. 6. Media Release: I grant Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. I agree that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing Participant’s image so obtained shall be owned exclusively by Released Parties. I understand and agree that as owner of any such Media, Released Parties shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. Finally, I release Released Parties from any and all claims and demands arising out of or in connection with the use of such Media 7. Medical Care: I authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation. 8. Acknowledgment: By accepting this Agreement on behalf of any Participants other than Myself, I am representing under penalty of fraud that I am entitled to execute this Agreement as either the parent or legal guardian of the Participant and that by doing so, I am agreeing to be personally responsible for any claims brought by any other Participant, should they refuse to accept the terms of this Agreement. 9. Miscellaneous: I further agree and understand: (a) Participant shall comply with all applicable laws, statutes, regulations and ordinances, including those governing the sale, purchase, and consumption of liquor, wine, beer, and all other alcohol beverages; (b) ) any claims for injury, death or loss against Irwin Backcountry Guides, LLC, CS Irwin, LLC, and their employees and agents shall solely be governed by the laws of the State of Colorado, and the exclusive jurisdiction and venue for any such claim shall be located in the state courts located in Gunnison County; (c) any claims for injury, death or loss against Fljótabakki ehf., Black Sheep ehf., Green Highlander ehf., Hölkni ehf., and their employees and agents shall solely be governed by the laws of the Country of Iceland, and the exclusive jurisdiction and venue for any such claim shall be located in the Country of Iceland; (d) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (e) this Agreement shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This Agreement will apply for every day a Participant engages in any Activity without requiring Me or Participant to sign an additional Agreement for each day, season, or year, until a new release of liability and waiver of legal rights is executed by or on behalf of Me or Participant, or I revoke it in writing and that writing is accepted in writing, signed by the Released Parties’ authorized representative; and (f) the Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of Me and/or the Participant(s). In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Released Parties with respect to the safety of the Activities, other than what is set forth in this Agreement.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. I ACKNOWLEDGE THAT THIS AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN THE ACTIVITIES. I ACCEPT THIS AGREEMENT ON BEHALF OF MYSELF AND PARTICIPANT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR I ACCEPT IT BY ENGAGING IN THE ACTIVITIES. Date: May 12, 2026 |
