IMPORTANT: THIS IS A LEGAL DOCUMENT Please read and understand this document before signing. If you have any questions please ask us or consult an attorney. You are giving up specific legal rights by signing this contract. San Juan Mountain Guides, their subsidiaries, employees, directors, officers, agents, advertisers, volunteers and sponsors, and agents of sponsors, (hereinafter Mountain Guides) have done everything possible to ensure that you have a rewarding experience. We wish to inform our guests that our guided activities: rock and ice climbing, canyoneering, Via Ferrata, backcountry skiing/ski touring, avalanche courses, and trekking/backpacking (hereinafter “Activities”) are inherently dangerous. The same elements that contribute to the unique character and fun of the Activities, such as the physical exertion and the settings of the Activities, can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We want you to know in advance what to expect, and to be informed of the some of the possible risks. Some of these risks are inherent to the Activities; some can be increased or decreased due to the actions of Mountain Guides. You must understand and accept all of the risks of the Activities, inherent and othewise. By understanding these risks, you will have greater enjoyment of your trip and the activity. We ask that you read this carefully, sign it, and return it to our office. If you are signing as the parent or legal guardian (hereinafter “parent”) for a child (minor, someone under the age of 18) you agree to read, to have Minor read and if necessary explain to Minor the nature and terms of this agreement as well as all the risks herein and of the Activities. RISKS OF THE ACTIVITIES The Activities inherently involve travelling and participating in close proximity to others, and using equipment that has been handled by others. As such, the Activities may increase the risk of contracting communicable disease. Neither Mountain Guides nor the other participants have been screened for all communicable disease; and many diseases may be contagious even when the carrier does not manifest symptoms. Therefore, transmission of communicable disease during the Activities is a real possibility. You may contract a serious illness due to your participation in the Activities. Rock and Ice Climbing, and Via Ferrata Rock and Ice climbing, like all outdoor recreation activities, are hazardous. The most common accident that occurs in rock climbing is falling. When you fall, you may fall only a few feet or all the way to the ground. As you fall you may hit objects, ice or the rock in your path. If the rope breaks your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height. In addition to the hazards of falling, objects falling from the rock or ice may hit you. Rocks, branches, climbing equipment, ice, snow and even people may fall and hit you as you are standing at the base or while climbing. Equipment may fail. Climbing equipment is tested periodically; however, the extreme conditions within the environment in which climbing equipment is used in conjunction with the damages caused by the rock or ice can cause climbing equipment to fail. The rock or ice to which you are holding or to which you have placed protection may break causing you to fall or causing your protection to pull out from the rock or ice. As you climb you may pull out protection from the rock. You may experience cuts from holding on to the rock. You may also experience rope burns from handling the rope. You may be ice climbing, or moving across snowfields on your trip. Ice axes must be used properly to be effective and to prevent injury to you or other people. Ice axes and Crampons have sharp points, which can injure you or other people. These points are dangerous to you and other people. Make sure you understand how to walk in crampons before doing so. Ice climbing involves cold, water and ice on the vertical. Moving vertically on ice requires some strength and skill. In addition, cold water from the source of the ice or melting ice and snow may be falling on your climbing route. If you fall while ice climbing you may land on your ice axes or land so you injure yourself with your crampons. Accidents can occur during travel to and from the climbing site. Trails are often steep, rocky, and slippery. Hikes involve crossing streams, where footing can be awkward. Participants can slip or fall during a hike, resulting in injury. Poisonous or dangerous plants, insects, or animals can be found with harmful effects to some guests. Exposure to the natural elements can be uncomfortable or harmful. Heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, using portable toilet facilities, eating meal's out-of-doors, being in the open for the extended length of the trip can be uncomfortable or cause injury. Canyoneering Canyoneering is a term applied to the sport of hiking, climbing, swimming, and rapelling through the canyons. It involves a mix of skills involved in hiking, rock climbing, swimming and rappelling. You need to have knowledge of all these disciplines before undertaking this activity. Canyoneering can be extremely hazardous, and you should understand the risks. Canyoneering involves walking or rappelling into canyons. While in the canyon, the weather can change without warning. Those changes can cause drastic alterations in the canyon such as temperature and flash floods. Rainfall many miles away can create flooding in the canyon you are exploring. Whenever you are in a canyon, your chances of exiting the canyon quickly are slim. You may have to sustain miserable conditions for a long period of time until you can exit the canyon. You may be required to swim or wade through water in the canyon. Water may appear and disappear and block the access. You may be required to swim through water with your gear to continue to an exit. Rocks in canyons are slippery and footing will be dangerous. Rock climbing and rappelling while Canyoneering adds additional difficulties and risks. Canyoneering may involve rappelling from, through or into water. Rock climbing may involve climbing on rock that is not secure. Falling while climbing can include the chance of hitting canyon walls as you fall on several sides. Once you are wet, you are at greater risk to hypothermia. Canyoneering includes a high degree of risk for Hypothermia. Hypothermia is the name for a medical condition where the core body temperature drops to a point that the body is unable to maintain and heat itself. Being wet and in the wind contributes to Hypothermia. You need to understand hypothermia and to have adequate and the correct clothing to combat Hypothermia. Hypothermia can quickly result in death. Anytime you are around water, ice climbing, mountaineering or canyoneering there is the chance of drowning. Backcountry Skiing, Ski Touring, and Avalanche Courses All skiing involves the inherent risk of orthopedic injuries and inpact injuries due to falls. Skiing in the backcountry exaggerates these risks due to uneven terrain and snow conditions. In addition, Avalanches are also a constant threat in the mountains. An avalanche is a snow that has released from the mountain and is moving down the mountainside. If you are trapped in an avalanche, you can be injured by the avalanche or trapped in the avalanche, which may kill you. Even time spent in the mountains learning about avalanches necessarily exposes one to the dangers of avalanches. Skiiing in the backcountry may also involve Glacier travel, which is always dangerous. Crossing crevasses or walking over snow bridges covering a crevasse can always lead to a fall. You will need to learn and understand crevasse rescue on these types of trips. Falling into a crevasse can cause injuries due to the fall or objects hitting you during and after your fall. You may also be injured while stopping at the bottom or wedging into the sides. Once in a crevasse you will be subject to cold and hypothermia. Another aspect of glacier travel you need to be aware of is the dangerous from seracs, ice and/or snow. Many times while crossing glaciers, camping or hiking through the mountains, you will be in an area where seracs or ice can fall injuring or killing you. Seracs are large blocks of ice you may need to walk near or around or camp under. A falling serac may trigger an avalanche. Trekking/Backpacking You may trek at altitudes, to which you will not be accustomed. You may be hiking to at least 23,000 feet (7000 meters) above sea level. Altitude sickness is the term used to describe the effects on a human body at altitudes higher than the person is accustomed to. Altitude sickness is usually associated with nauseous, headaches and a loss of appetite. If this occurs, you need to inform your guides immediately. You may be living, camping, and traveling out of doors, where you are subject to numerous risks, environmental and otherwise. Activities vary from trip to trip and include hiking, backpacking, camping, rock climbing and mountaineering. Meals are prepared over stoves and sometimes-open fires; water often requires disinfecting before use. Camping hazards may include burns, cuts, diarrhea and flu-like illness, and falling timber. Travel is by vehicle and on foot. Travel by foot is over rugged unpredictable trail and off-trail terrain, including boulder fields, downed timber, river crossings, high mountain passes, snow and ice, steep slopes, and slippery rocks. Attendant risks include collision, falling; drowning and others usually associated with such travel, as well as environmental risks. Environmental risks include rapidly moving, deep or cold water, insects, snakes, and predators, including large animals, falling and rolling rock, lightning, avalanches, flash floods, and unpredictable forces of nature, including weather that may change to extreme conditions without notice. Additional risks are frostbite, high-altitude illness, sunburn, heatstroke, dehydration, and other mild or serious conditions. In foreign countries, you will be dealing with different cultures and people. Food maybe different and water sources may be questionable. You will experience new plants and animals on your trip that may be harmful. You need to be aware of your surroundings at all times and aware of how you are dealing with the environment, the people and their culture. When you leave the United States, you leave the comfort and safety which you have come to expect as well as our system of laws. Traveling abroad is not like traveling in the US. Vehicles are not maintained to the same standards as US passenger transportation vehicles. Roads and bridges are not maintained like US roads and they are dangerous and are in constant need of repair. Travel can occur by vehicle, boat, canoe, donkey or any other system. Hiking you may cross handmade bridges, steep terrain or narrow paths. Delays can occur at any time due to any factors beyond our control that cause the roads, the vehicles or the entire transportation system to fail or stop. The level of medical care to which you are accustomed may not be available outside the United States. You may be several hours travel by foot, boat or other primitive transportation from any medical facility. Transportation may be by car, boat or animal or litter. Your guides will probably be the immediate medical care you will have available. Your guides are trained in first aid, but are not medical professionals. The medical facility that you will be treated in may not have the same standards as hospitals or doctor’s offices in the United States. The medical personnel you will be treated by may not have the same training as medical personnel in the U.S. Acceptance of Risks Decisions are made by the instructors and participants in a wildness setting, based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Participants may have free and unsupervised time. Throughout the trip, participants are responsible for their own safety and for the safety of other members of their group. It is also possible that some participants may suffer mental anguish or trauma from the experience or their injuries. This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur during the Activities. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or undertake an activity that they are not physical prepared for. I certify that my family, including minor children and myself are in good physical condition and fully capable of participating in the Activities that we are choosing to participate in. I state that I have read the above explanation of some possible risks in the Activities, and I have reviewed the Mountain Guide website. Therefore, I assume full responsibility for myself, my family, including minor children, for bodily injury, disability, death, and loss of personal property and any expenses incurred as a result of the dangers discussed above, my negligence, negligence of my family, or the negligence of Mountain Guides. I hereby expressly consent and assume all risks of the Activities for myself and my family, including the risks associated with traveling to and from the Activities. I also understand that Mountain Guides reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Activities, but shall not be responsible for determining whether participants are capable. I understand and agree that this is a voluntary activity, and I am doing so for recreational purposes. Parents also agree to read and explain to any minors all posted signs and warnings, including instructions on use of equipment and you and your family agree participants will obey all signs, and warnings posted and to obey instructions from Mountain Guides staff. CONTRACT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION I agree to indemnify and hold harmless Mountain Guides, its sponsors, agents, employees, and persons and entities facilitating access for the Activities, including Eric R. Jacobson, Western Colorado Power Company Inc., Western Colorado Power Company LLC, San Miguel County, Trust for Public Lands, Idarado Mining Company, and Telluride Mountain Club, from all claims, damages, losses, injuries, and expenses, including claims for bodily injury, disability, or death, arising out of or resulting from my family’s or my participation in the Activities. I agree that Mountain Guides has a subrogation/right to indemnification for my actions based on any permit, grant, contract or agreement with third parties. On behalf of myself, my personal representatives and heirs, I further agree to release, acquit, and covenant not to sue Mountain Guides, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including those arising out of the dangers discussed above, the negligence of Mountain Guides, and the negligence of another participant during participation in the Activities. This agreement covers transportation to and from the recreation location. In short, I cannot sue Mountain Guides or anyone else if I or my family or minor child are injured or killed, and if I do, I cannot collect any money. I agree to indemnify, agree to subrogation and to reimburse Mountain Guides for any damages, costs, fees or expenses they expend on me or on my family's behalf, including the cost of any Search and Rescue or for any damages that I may cause to third parties. I agree to the site of any lawsuit arising out of any activity with Mountain Guides shall be La Plata County Colorado and any lawsuit shall be governed by Colorado law. The terms of this agreement shall continue in full effect after the Activities have ended. All changes or alterations to this document must be in writing and approved by both myself and Mountain Guides. No other changes to this document are valid. I agree that if Mountain Guides is forced to defend any action, lawsuit or litigation brought by myself, my executors, or my heirs, or on my family's or my behalf, Mountain Guides’ shall be entitled to recover its costs and attorney's fees if it successfully defends such action, lawsuit or litigation. Should any part of this agreement be declared unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release of liability. I understand that the Activities are not a necessity and are not required. I understand that I may decline to sign this release, in which case I will not partipate or I may pursue the Activities with another guiding company. I have adequate health, disability, and life insurance for my family and myself. I hereby give permission for transportation to any medical facility, hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for my family or me. I hereby authorize the release of any medical information, including information concerning my HIV or “Aids” status, in the possession of Mountain Guides to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on my behalf. I hereby waive any action or claim against Mountain Guides or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information, including my HIV or “Aids” status. I, _________________________________________________, of my own free will, for my family, my minor children, my heirs and executors and myself, have read, understand and acknowledge the risks and liability for myself and my family this _______ day of ___________________________ 202_____. I Acknowledge that I Have Received a Copy of this Document if I wanted one. I understand that I am signing this document electronically or may be signing this document electronically in the future. I understand under state and Federal law, there is no difference between signing this electronically or in writing. I Have Read and Understood this Agreement. I Am Voluntarily Signing this Agreement. I understand I am giving up substantial legal rights. By signing this you understand you cannot sue Mountain Guides for any reason. If you do sue Mountain Guides, you cannot collect any money. If you sue Mountain Guides and lose, you will pay Mountain Guides’ legal expenses.
Copyright 1998-2013, James H. Moss, 720 Edit Law, recreation.law@gmail.com
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