LIABILITY RELEASE, INDEMNITY AGREEMENT - ASSUMPTION OF RISK AND WAIVER OF RIGHTS (Please read carefully, and be certain you understand the implications of signing) ASSUMPTION OF RISK Although Desert Adventures has taken various steps to minimize exposure to risks and provide an enjoyable trip, it is still possible to get hurt or injured when playing outdoors. I hereby acknowledge that I am aware that inherent risks and hazards exist in participating in such adventures, the transportation of equipment related to the activities, and travelling to and from activity sites, in which I am about to engage. Inherent risks and hazards may include (but are not limited to): - Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.
- Falling, causing broken bones, severe injuries to the head, neck, and back which may result in severe impairment or even death.
- An “act of nature,” including but not limited to avalanche, rock fall, flash flood, inclement weather, thunder and lightning, severe and/or varied wind, extreme temperatures, and other weather conditions.
- Risks associated with hiking, crossing, climbing or down-climbing of rock, scrambling, and algae covered rocks, snow and/or ice.
- Risks associated with paddling, ferrying, river crossings, portaging, swift currents, eddies, strainers, and cold water.
- Risks associated with other motor traffic which could be recreating in the area.
- Risks associated with mountain biking, single track trail riding, cycling, scenic tours, and multisport activities.
- Possible equipment failure and/or malfunction of my own or others; equipment which may have been rented, borrowed, or personally owned.
- My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Desert Adventures, including but not limited to operator failure.
- Cold weather and heat related injuries and illness including but not limited to immersion incidents, hypothermia, frostbite, heat exhaustion, heat stroke, sunburn, and dehydration.
- Fatigue, chill, and/or dizziness, heat related illnesses, which may diminish my/our reaction time, my sense of balance, physical coordination, and ability to follow instructions and increase risk of accident.
- Attack by or encounter with insects, reptiles, spiders, snakes, and/or other wildlife or animals.
- Accidents or illness occurring in remote places where there are no available medical facilities or access to 911.
- Swimming, or diving accidents which could result in injury, paralysis, drowning, and death.
I understand that the use of kayaks, canoes, paddleboards, or other water equipment in any lake or river can be hazardous and I am responsible for my competence as a paddler, camper, hiker, and participant in outdoor activities. Kayak and canoe equipment may overturn or otherwise be upset or sink. Underwater obstructions may exist, and hazardous currents, undercut banks, overhanging vegetation, and other hazardous conditions both natural and manmade may exist in any river or lake. Diving into the water from a kayak or canoe or from the adjacent banks or over-hanging trees, rocks or bridges can be extremely hazardous in that underwater obstructions may be struck by a diver resulting in serious injury including paralysis and/or death. Desert Adventures counsels all participants against diving or cliff jumping into the water at any time or place. Life vests and flotation devices are required at all times. The undersigned hereby acknowledges that Desert Adventures and its agents and employees have no control over the manner, use or condition of any river or lake and that weather and water conditions can be dangerous which may result in my injury or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. INDEMNITY, HOLD HARMLESS, & WAIVER OF RIGHTS It is my intention to EXEMPT, RELEASE, AND HOLD HARMLESS Desert Adventures, my paddling instructor or guide (if any), the members of Desert Adventures, its officers, directors, employees, representatives, agents, volunteers, and all other related entities and released parties or as defined above, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, or arising out of, directly or indirectly, including, but not limited to, the negligence or recklessness of the released parties whether passive or active. I have fully informed myself of the contents of this liability release and express assumption of risk by reading it before signing it on behalf of myself, my heirs, my estate, and assigns. By executing this document, I agree to hold Desert Adventures harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in outdoor activities. I am responsible for myself and my decisions, and am willing to accept the risks of this outdoor activity. I understand that if helmets or life vests are recommended for use while participating in an activity, and I choose not to wear a helmet or life vest, I do so at my own risk and I accept full responsibility for any injury that occurs. I understand that my participation in these activities is voluntary and further understand that I have the opportunity to not participate. I understand I am obligated to follow the rules of the program/activity and that I can minimize my risk of injury by doing so and through the exercise of common sense and by being aware of my surroundings. If, while participating in outdoor activities or programs, I observe any unusual hazard which I believe jeopardizes my personal safety or that of others, I will remove myself and/or my group from participation in the activity or program and immediately bring the hazard to the attention of Desert Adventures. I agree not be under the influence of alcohol or drugs that can affect my judgment, perception, or physical movement while participating in any and all activities. All rental equipment will be returned at the agreed upon time to avoid late charges. I am aware of start and end times and locations, and realize that Desert Adventures has an obligation to provide prompt service to customers who arrive on time to the agreed upon destination. In the event that I am late, Desert Adventures has the right to leave and return the parties who were on time to the original point of departure, and I agree to pay any and all late fees associated to retrieve myself, my group, or equipment. I accept the equipment rented as is and accept full responsibility for the care and wellbeing of the equipment while it is in my possession. Replacement or repairs at full retail value including labor of equipment that was damaged while in my possession will be my responsibility and I will be held liable and agree to pay for damages or costs to repair or replace equipment. Damage due to improper use, misuse, abuse, or improper handling of equipment is my responsibility and I agree to pay any incurred costs due to repairing or replacing equipment to Desert Adventures. I understand boats can float away if not secured and agree to be resonsible for securing the boats during my rental period. In the event that I choose to transport equipment myself, I assume full responsibility for securing the load to a vehicle(s) or trailer(s), proper strapping, and any consequences that should occur due to improper technique or failure to secure the equipment properly, which could result in damage to the equipment, the vehicle, and other roadside traffic and/or pedestrians. I understand there are no rescue services for tired or weary participants. I am knowingly putting myself in a remote situation where my skills and mental fortitude may be severely challenged. Regardless of reason, in the event that myself or my group abandons equipment and Desert Adventures or its employees or staff must search for abandoned equipment or provide rescue assistance, I agree to pay for and compensate Desert Adventures for any and all costs incurred for my group’s rescue and retrieval, and any and all damages to equipment. I certify that I have no medical or physical conditions which could interfere with my safety or successful participation in this activity. I further acknowledge that I have responsibilities as a participant, and I assume and accept full responsibility for myself. I understand in the event of a medical rescue, I might be transported to the nearest and most appropriate medical facility, which could still be many hours away. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I understand the above and assume and accept full responsibility for myself. INFECTIOUS DISEASES AND COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The undersigned acknowledges that COVID-19 infections have been confirmed throughout the United States, including cases in Nevada. Kayak Las Vegas, Inc dba Desert Adventures (“Desert Adventures”) has put in place reasonable preventative measures to reduce the spread of COVID-19; however, Desert Adventures cannot guarantee that you, or your child(ren), will not become infected with COVID-19. Further, utilizing Desert Adventure’s services could increase the risk of contracting COVID-19. I. Agreement Because Desert Adventures is open for use by other individuals, I recognize that I am at a higher risk of contracting COVID-19.
I attest that I am not experiencing any symptoms of illness such as a fever, cough, or shortness of breath.
I am aware that I must follow all safety and hygiene protocols Desert Adventures has implemented.
I attest to the following: - I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19 within the past 10 days;
- I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities; and
- I am following recommended guidelines as much as possible – practicing social distancing by participating in group activities of fewer than ten, trying to maintain separation of six feet from others, and otherwise limiting my exposure to COVID-19.
- I agree to wear abide by all company policies regarding masks
II. Assumption of Risk and Waiver of Liability I acknowledges that I have voluntarily agreed to utilize Desert Adventure’s services on my behalf, or for the participating individual I am acting in good faith for. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that the participating individual I am acting in good faith for, if applicable, and myself may be exposed to or infected by COVID-19 by utilizing Desert Adventure’s services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Desert Adventure may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Desert Adventure employees, volunteers, and program participants and their families. I undersigned, in my personal capacity, or on behalf of such participating individuals, hereby releases, waives, discharges and covenants not to sue Desert Adventures, its directors, officers, employees, volunteers and agents from all liability to the undersigned or such participating individuals and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating individuals for any loss or damage, and any claims or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating individuals (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of Desert Adventure or otherwise while the undersigned or such participating individual are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Desert Adventures. I hereby agree to indemnify and save hold harmless Desert Adventures, its directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned or any participating individual is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Desert Adventure. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Desert Adventure, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program. I further expressly agree that the foregoing Agreement and Assumption of the Risk and Waiver of Liability Relating to COVID-19 is intended to be as broad and inclusive as is permitted by the law of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I understand this Agreement and Assumption of the Risk and Waiver of Liability Relating to COVID-19 will be governed by and construed in accordance with the laws of the State of Nevada. The parties submit to the exclusive jurisdiction and venue of the state and federal courts within Clark County, Nevada for purposes of any suit, action or other proceeding arising out of, or relating, to this Agreement. I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE RELEASE AND I FULLY UNDERSTAND ITS TERMS. I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATION OR STATEMENTS MADE BY DESERT ADVENTURES, OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS BY SIGNING IT, AND AM DOING SO VOLUNTARILY. IN THE EVENT THAT I FILE A LAWSUIT, I AGREE TO DO SO SOLEY IN THE STATE OF NEVADA, AND I FURTHER AGREE THAT THE SUBSTANTIVE LAW OF NEVADA SHALL APPY THAT ACTION WITHOUT REGARD TO THE CONFLICT OF LAW RULES OF THAT STATE. THIS RELEASE SHALL BE BINDING TO THE FULLEST EXTENT OF THE LAW. IF ANY PROVISION OF THIS RELEASE IS FOUND TO BE UNENFORECEABLE, I AGREEE THAT THE REMAINING TERMS SHALL BE ENFORCEABLE. I certify I am of lawful age and legally competent to sign this liability release. NOTE: IF ANY PARTICIPANT IS UNER 18 YRS. OF AGE THE FOLLOWING PARENT/GUARDIAN’S RELEASE SHALL APPY UPON SIGNING I hereby agree that I will explain to my child that the risk of injury while participating in the activities/programs can be reduced by following the rules and through the use of common sense and good judgment. This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree no only to his/her release of Desert Adventures, but also to release and indemnify Desert Adventures from any and all liabilities incident to his/her involvement in these activities for myself, my heirs, assigns, and next of kin. |
