PARTICIPATION AGREEMENT: ASSUMPTION OF RISK & LIABILITY RELEASE
Today's Date: December 19, 2018
In consideration of Ely Outfitting Company and Boundary Waters Guide Service LLC (collectively, "EOC") furnishing services and/or equipment to enable me to participate in certain activities including but not limited to canoeing, kayaking, boating, hiking and camping (collectively, "adventure activities"), I agree as follows:
I understand that EOC adventure activities involve physically and mentally strenuous activities in wilderness areas that are removed from the facilities of civilization. I understand that risks exist of serious injury, disability, death and loss or damage to property from many causes, including negligent acts or omissions by me, other guests, EOC representatives, or others. Risks and dangers may arise in adventure activities from foreseeable or unforeseeable myriad causes including, but not limited to, errors by a guide or other person such as misjudging human abilities, health conditions, terrain, weather, water conditions, or route location; misuse of equipment; or control of fire.
Knowing of the inherent risks of EOC adventure activities, I agree to assume all risk and responsibility surrounding my participation in these activities. To the maximum extent permitted by law, I agree to release, hold harmless, & indemnify EOC & its owners, officers, directors, staff, guides, representatives, employees & agents, all owners of property on which activities take place, & parties who provide goods or services in connection with the EOC adventure activities, from & against all present or future claims, losses, expenses or liabilities in any jurisdiction for injuries to person or property which I may suffer, or for which I may be liable to any other person, related to my participation in EOC adventure activities resulting from the acts, omissions, or negligence of EOC or any other person or entity. I agree that this Assumption of Risk and Release of Liability will apply to claims made by me or on my behalf, or by family members, heirs or personal representatives each of which is bound by the terms of this Agreement and covenant not to sue EOC and its owners, officers, staff, guides, representatives, employees, & agents, & all owners of property on which activities take place.
I permit the use of any photos, films, or sketches of myself taken during or related to EOC adventure activities for publicity, advertising, promotion or other commercial purpose. I permit use of my email for correspondence from EOC.
I understand that I am financially responsible for any damage done to EOC equipment.
If a court of competent jurisdiction determines that any provision of this agreement is invalid or unenforceable, then the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of this agreement, and all other provisions shall remain in full force and effect.
I have carefully read and freely signed this Assumption of Risk and Liability Release Agreement. I understand and agree that no oral or written representations can or will alter the contents of this document. I agree that this agreement shall be governed by the laws of the State of Minnesota (excluding its conflict of law principles) which shall be the exclusive forum for any lawsuits filed under or incident to the Agreement or the BWGS adventure activities in which I participate.
For participants under age 18, I certify that I am the parent or legal guardian of the participant, and that I have authority to enter this agreement on behalf of the participant.
I HAVE READ THIS ASSUMPTION OF RISK AND LIABILITY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.