Participation Agreement and Talent Release Agreement – SNOWCOACH & WILDLIFE TOURS
Aramark Sports and Entertainment Services, LLC, dba Scenic Safaris (Scenic Safaris) In consideration of the services of Aramark Sports and Entertainment Services, LLC, dba Scenic Safaris, their officers, agents, employees, and other persons or entities associated therewith (collectively,hereinafter referred to as the “Company” and/or “Scenic Safaris”), I agree as follows: Although Scenic Safaris has taken reasonable steps to provide you with appropriate equipment and skilled guides so you can enjoy an activity in Yellowstone National Park, and/or the Bridger-Teton National Forest, and/or Grand Teton National Park for which you may not be skilled, we wish to remind you this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of this activity can be causes of loss of or damage to your equipment, accidental injury or illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks: Frostbite, hypothermia, trips, slips and falls on uneven terrain, falling while getting into or out of a vehicle, animal encounters, rough trails, sunburn, exposuretoallergens,andmechanicalorequipmentfailurescausingdelaysmaybeencountered. Furthermore,ScenicSafarisguideshavedifficultjobs to perform. They might be unaware of a participant’s fitness or ability. I also understand and acknowledge that other individuals may likely be participating in the activity, and Scenic Safaris is not responsible for the health status of its participants, including whether or not individuals are carriers of any infectious diseases. I am aware that this activity entails risk of injury or death. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury or death. I agree to assume responsibility for the risks identified herein and those risks not specifically identified,including,butnotlimitedto,anyandallrisksthatarereasonablyforeseeable. Myparticipationinthisactivityispurelyvoluntary;noone is forcing me to participate and I elect to participate in spite of these risks. I certify that I am completely capable of participating in this activity. Therefore, I assume full responsibility for myself, including minor children, for bodily injury, death, and loss of personal property and expenses thereof as a result of those inherent risks and dangers and of my acts or omissions in participating in this activity Consent to Reproduce Physical Likeness Scenic Safaris occasionally photographs passengers while they are engaged in wildlife trips/activities. The photographs may be used in promotional/advertising materials in the future. The undersigned hereby grants Company, the right to make, use, tape (audio and video), re-use, publish and copyright my statement(s), if any, so long as the meaning is not substantially changed. I hereby disclaim any right to the copyright in any such works and assign any rights that I may have in such works to the Company. Release, Indemnification, and Scope Furthermore, I hereby release and forever discharge on behalf of myself, my heirs, assigns, personal representatives and estate and for all members of my family and their representatives (collectively, the “Releasing Group Members”), Scenic Safaris and its affiliates (including Aramark, and all other persons or entities controlling, controlled by or under common control with, Aramark Sports and Entertainment Services, LLC, their principals, directors, officers, agents, employees, representatives, members, stockholders, owners and volunteers, their insurers and every land owner and/or governmental agency upon whose property the activity is conducted and their insurers, if any (collectively, the “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL LOSSES, DAMAGES, INJURY OR HARM (INCLUDING DEATH) TO OR BY RELEASING GROUP MEMBERS, AS A RESULT OF THEIR PARTICIPATION IN THE ACTIVITY AND/OR USE, NAVIGATION OR OPERATION OF THE VEHICLE, UNLESS SUCH LOSSES, DAMAGES, INJURY OR HARM ARE CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT OF THE RELEASEES. I further agree on behalf of myself and the other Releasing Group Members to indemnify, defend and hold harmless the Releasees from any loss, damage or liability, including attorney’s fees and other costs, that result from claims, demands, or causes of action that are related in any way to losses, damages, injury or harm (including death) arising from participation in the activity, Scenic Safaris’ related services or facilities, the Vehicle or the use, navigation or operation of the same in the activity or otherwise, unless said damages are caused by the gross negligence, recklessness, or willful misconduct of the Releasees. ***ON NATIONAL PARK SERVICE (“NPS”) PROPERTY ONLY: It is NPS' policy to have visitors assume responsibility for their own negligence that may result in bodily injury, death, or loss of personal property. The NPS allows concessioners to advise visitors of the inherent risks of the activity and warn visitors of those risks. If an accident occurs on NPS property, the above-referenced waivers of liability or indemnification provisions are inapplicable. Agreement to Arbitrate. If a dispute arises under this Agreement which cannot be resolved by good-faith negotiations, the parties agree to WAIVE OUR RESPECTIVE RIGHTS TO TRIAL BY JURY AND RESOLVE OUR DISPUTE BY SUBMITTING THE SAME TO BINDING ARBITRATION in accordance with the commercial rules of the American Arbitration Association and the procedure outlined in Appendix A. In the event arbitration is necessary, the prevailing party shall be entitled to recover costs and expenses of the arbitration, including, but not limited to, attorneys’ fees, administrative costs, and any costs and attorneys’ fees incurred in executing on or enforcing the arbitration award. THE STATE OF WYOMING SHALL BE THE SOLE AND EXCLUSIVE PLACE FOR JURISDICTION AND VENUE FOR RESOLUTION OF ANY DISPUTES UNDER THIS AGREEMENT. This Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles or rules. This Agreement is subject to the rules, regulations, laws, and other requirements applicable to Scenic Safaris, including as a National Park Service concessionaire under the National Park Service Commercial Services Program, if applicable. I have read, understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assign, personal representative, estate and for all members of my family, including any minor accompanying me. I acknowledge I am not relying on any oral, written, or visual representations or statements made by Scenic Safaris including those made in its brochures or other promotional material, to induce me to participate in this activity. I certify and represent that I have read the foregoing and fully understand its meaning and effect.
Today's date: October 26, 2024 Bring all necessary medications with you and be sure to notify your guide of any medical conditions prior to departure.
Each client/participant of the age of 18 or older please respond below:
Parents/guardians, please print full name(s) and age(s) of your minor children and of any other non-related minor(s) traveling in your care or custody, and sign below:
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