Release of Liability Waiver TODAY'S DATE: June 7, 2025 In consideration of the risk of injury while participating in Snowshoeing, Snow Tubing, Instruction, Coaching, Companion, Guiding, Chaperone and Touring (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, including alleged negligence of Tahoe Snowshoe Tours, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Tahoe Snowshoe Tours their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to indigenous wild animal attacks, illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I am voluntarily participating in the aforementioned Activity and I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), indigenous wild animal attacks, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Tahoe Snowshoe Tours against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Tahoe Snowshoe Tours incurs any of these types of expenses, I agree to reimburse Tahoe Snowshoe Tours.
I acknowledge that Tahoe Snowshoe Tours and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Tahoe Snowshoe Tours.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by indigenous wild animal attacks, avalanche, tree well suffocation, tree branch puncture injuries, terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers, of the event and lack of hydration.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the United States Center for Disease Control. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Tahoe Snowshoe Tours has put in place preventative measures to reduce the spread of COVID-19; however, Tahoe Snowshoe Tours cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Tahoe Snowshoe Tours could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement: I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Tahoe Snowshoe Tours and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 at Tahoe Snowshoe Tours may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Tahoe Snowshoe Tours employees, volunteers, and program participants and their families. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the United States Center for Disease control and World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Tahoe Snowshoe Tours has put in place preventative measures to reduce the spread of COVID-19; however, Tahoe Snowshoe Tours cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Tahoe Snowshoe Tours could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement: I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Tahoe Snowshoe Tours and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 or it's variants at Tahoe Snowshoe Tours may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Tahoe Snowshoe Tours employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Tahoe Snowshoe Tours or participation in Tahoe Snowshoe Tours or Snow Tubing programming (“Claims”).
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Tahoe Snowshoe Tours, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Tahoe Snowshoe Tours, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Tahoe Snowshoe Tours program.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Tahoe Snowshoe Tours agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Binding Arbitration Agreement By agreeing to this provision, you and the Company acknowledge and agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, your relationship with the Company, or the termination thereof, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Waiver of Jury Trial and Class Actions You understand and agree that by entering into this Agreement, you and the Company are waiving the right to sue before a court or jury. You and the Company further agree that any arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action. Arbitration Procedures The arbitration shall be conducted by a single arbitrator in accordance with the AAA's rules. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in [City, State], unless otherwise agreed by the parties. Costs and Fees Each party shall bear its own attorneys' fees and costs incurred in connection with the arbitration, except that the Company shall pay all AAA filing fees and arbitrator's fees and expenses. Severability If any part of this Arbitration Agreement is declared unenforceable or invalid, the remainder shall continue to be valid and enforceable. By agreeing to this provision, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Binding Arbitration Agreement.
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