What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue CLEARLY TAHOE, LLC, a Nevada limited liability company (herein after CLEARLY TAHOE), or anyone associated with CLEARLY TAHOE, such as its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (herein after Released Parties) for injuries or losses you suffer while using CLEARLY TAHOE equipment or facilities. In short, you cannot recover any money from CLEARLY TAHOE or the Released Parties if you are hurt while participating in activities utilizing any CLEARLY TAHOE equipment or facilities. Please take your time and read this agreement very carefully. When you are certain that you understand and agree to each paragraph, sign your initials in the space provided.
YOU AND I, AS USED HEREIN, INCLUDES THE PARTICIPANT AS WELL AS HIS OR HER HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS, INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS. BY SIGNING THIS AGREEMENT, YOU ARE SIGNING ON BEHALF OF THE ABOVE-LISTED PERSONS AND YOUR SIGNATURE SHALL BE CONSIDERED BINDING UPON THEM.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY PEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS FROM SUING CLEARLY TAHOE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE.
1. Outdoor activities, including but not limited to kayaking, hiking, camping and/or outdoor activities, are dangerous and I ASSUME ALL RISKS, whether known or unknown of injury, including death, illness or damage to my property. I understand that there is a significant risk of serious physical injury, death, or other damages inherent in my participation in activities organized and lead by CLEARLY TAHOE. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees, or agents of CLEARLY TAHOE or other parties, as well as the risks normally associated with outdoor endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my participation in CLEARLY TAHOE activities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for all dangers and risks associated with kayaking, hiking, camping and/or outdoor activities. I certify that I understand kayaking, hiking, camping and/or outdoor activities exposes me to a high risk of injury or accident. I knowingly and voluntarily assume all risks, whether known or unknown, of paralysis, injury, illness, death, or damage of whatever kind arising out of my participation in any such activity organized by CLEARLY TAHOE.
2. Release of liability, WAIVER OF CLAIMS, ASSUMPTION OF RISK and hold harmless agreement is given in consideration for my participation. I recognize that CLEARLY TAHOE could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to participate in this activity, I release CLEARLY TAHOE and anyone associated with CLEARLY TAHOE, including without limitation its officers, directors, staff, instructors, members, agents, guests and third parties as well as the released parties enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any kind whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.
3. Covenant not to sue is given in consideration for my participation in CLEARLY TAHOE activities and use of CLEARLY TAHOE equipment. Additionally, in consideration of any part payment for my right to participate in CLEARLY TAHOE sponsored activities and use of CLEARLY TAHOE equipment, I will not sue CLEARLY TAHOE or anyone associated with CLEARLY TAHOE, including without limitation its officers, directors, employees, instructors, members, agents and guests, as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.
4. I will protect CLEARLY TAHOE from liability. I agree to defend, protect, indemnify, and hold harmless CLEARLY TAHOE, its officers, directors, members, instructors, employees, agents and guests, as well as the released parties enumerated elsewhere in this document, from and against any and all claims, suits, actions at law or in equity (including but not limited to claims of negligence), for damages or other relief and against any liability of any nature, together with attorney fees and costs incurred, that may arise out of my use of CLEARLY TAHOE equipment or participation in a CLEARLY TAHOE sponsored activity. I agree to pay CLEARLY TAHOE reasonable attorney fees and costs if I bring a suit for injuries suffered at a CLEARLY TAHOE sponsored activity and that action is unsuccessful, in whole or in part.
5. I agree to abide by all CLEARLY TAHOE rules. I agree to abide by all CLEARLY TAHOE rules contained in written form as well as verbal directions that may be given by CLEARLY TAHOE staff or employees.
6. I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use CLEARLY TAHOE facilities. I agree to inform CLEARLY TAHOE of any conditions that may have any effect on my ability to fully and safely participate in a CLEARLY TAHOE sponsored activity, so that a determination can be made as to the proper course of action.
7. Other Provisions. This agreement constitutes the complete and sole agreement between me and CLEARLY TAHOE, its officers, directors, instructors, employees, agents, members and guests and all others associated with CLEARLY TAHOE. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration, or other dispute resolution proceeding. INDIVIDUAL OFFICERS, DIRECTORS, CLEARLY TAHOE MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my participation in all CLEARLY TAHOE activities and all associated events.
8. Venue and Jurisdiction. THE LAWS OF THE STATE OF NEVADA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN DOUGLAS COUNTY, NEVADA.
9. Severability. If for any reason a provision of this Agreement is found to be unenforceable, the offending provision may be amended to the extent necessary to conform to applicable law, or, if it cannot be so amended without materially altering the intention of the Parties, it shall be severed here from. In either event, the remainder of the Agreement shall continue in full force and effect.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.