ALPENGLOW EXPEDITIONS, LLC VIA FERRATA, BACKCOUNTRY SKIING, MOUNTAINEERING, ROCK CLIMBING RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. Please read carefully before signing – this is a legally binding document. I UNDERSTAND that my participation in the via ferrata tour, backcountry ski tour, rock climbing, hiking or mountaineering course and all associated activities, guided and instructed by Alpenglow Expeditions, LLC (“AE”), is entirely voluntary. I UNDERSTAND that my participation in these activities can be DANGEROUS and involve the RISK OF PROPERTY DAMAGE or LOSS, PERSONAL INJURY AND EVEN DEATH. These activities include, but are not limited to: strenuous uphill travel while carrying weight, alpine, telemark, alpine touring or any other form of downhill skiing or snowboarding (collectively, “Skiing”), skiing in varying conditions while wearing a weighted backpack, avalanche training (including but not limited to: digging snow pits, analyzing snow data, employing beacon and probe searching techniques), backcountry travel and associated tasks, via ferrata tour, rock climbing, mountaineering and hiking on and off trail (hereinafter, the “Activities”). I Agree I UNDERSTAND that the Activities involve numerous risks. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the Activities. Some of the risks of the Activities include, but are not limited to: walking on slippery and uneven surfaces, slips and falls, falling rock, ice and other debris, vehicle travel on an unpaved road, exposure to extreme weather, frostbite, hypothermia, lightening, bare spots, underbrush, rocks, stumps, encountering and/or colliding with over snow vehicles, snow making or snow grooming equipment, collisions with other participants of the Activities, encountering and/or colliding with natural or manmade obstacles, thin snow cover, variations in surface or subsurface snow conditions, cliffs, steep terrain, avalanches and avalanche debris, tree wells, uneven terrain, forces of nature, encounters with biting or stinging insects and other wildlife, exposure to high altitude, acute mountain sickness, cerebral and pulmonary edema, other sicknesses including COVID-19, my own physical condition and the physical exertion associated with the Activities. I UNDERSTAND that other unknown or unanticipated risks associated with my participation in the Activities may result in PROPERTY DAMAGE, PERSONAL INJURY and even DEATH. I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE OR LOSS, PERSONAL INJURY OR DEATH that might be associated with my participation in the Activities. I Agree I ACKNOWLEDGE that engaging in the Activities may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I ACKNOWLEDGE that the staff of AE has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with the Activities. I Agree I AGREE TO RELEASE FROM LIABILITY AND NOT TO SUE AE,or any of the following: Palisades Tahoe Resort, LLC, California Tahoe Conservancy, the U.S. Department of Agriculture Forest Service, and those respective entities’ owners, officers, directors, investors, members, landowners, agents, representatives, employees, attorneys, assigns parent companies, subsidiaries (collectively, the “Released Parties”) for any property damage or loss, personal injury or death to me arising from my participation in the Activities, including for claims arising from the Released Parties’ alleged negligence. I AGREE TO DEFENDthe Released Parties with counsel of the Released Parties’ choosing and INDEMNIFY AND HOLD HARMLESS the Released Parties for any and all liability, including that arising from its own alleged negligence. Notwithstanding the foregoing, the release of liability and agreement not to sue contained in this paragraph does not apply to the United States Federal Government as a Released Party for operations and activities occurring on National Forest System lands. I Agree I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I have carefully read, understood, and accepted the terms and conditions stated herein and I ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING upon myself, my heirs, assigns, personal representative, estate and for all members of my family, including minor children. I FURTHER UNDERSTAND AND AGREE: - That the above information is true and accurate to the best of my knowledge.
- That I am medically fit to participate in the Activities.
- That should I need to disclose my medical information, it shall be kept confidential and every effort will be made to consult me beforehand should any disclosures be deemed necessary.
- To any hospital care or medical or surgical diagnosis or first aid activities rendered by AE, if I am not able at that time to give my written consent due to unconsciousness, disorientation or other mental incapacity.
- That I am solely responsible for all appropriate charges for such services and that AE and its agents are under no duty to provide any first aid or medical treatment in any event.
This is a Release of Liability – Do Not Sign Unless You Understand and Agree to be Bound by Its Terms |