Triangle X Float Trips and National Park Float Trips

Acknowledgment of Inherent and Dangerous Risk, and Indemnification Agreement

FULL AND GENERAL RELEASE, ACKNOWLEDGEMENT OF INHERENT AND DANGEROUS RISKS, AND INDEMNIFICATION AGREEMENT

Please review this agreement carefully. It waives certain of your rights and releases and waives the Triangle X Ranch Partnership and others of liability.

In consideration of being permitted to participate in services provided by the Triangle X Ranch Partnership, also at times known as the Triangle X Partnership, and at times doing business as National Park Float Trips (collectively “Triangle X Ranch”), which services include, but are not limited to, guided scenic rafting trips, guided lake, river, and bank fishing trips, associated vehicle transportation, wildlife viewing, interactions with guests and customers, and related activities (collectively “Activities”), I voluntarily and contractually agree and acknowledge as follows:

That I and my family member(s) listed below have each read, reviewed, and understand this Full and General Release, Acknowledgement of Inherent and Dangerous Risks, and Indemnification Agreement (“Agreement”).

I am fully aware and acknowledge that the Activities are INHERENTLY DANGEROUS AND RISKY ACTIVITIES and that I have been fully informed of the inherent risks and dangers of the Activities. I understand that engaging in the Activities involves inherent risks, hazards and dangers that may result in severe personal injury, incapacity, and/or death to me, my minor children, and others. I contractually agree, understand and acknowledge that SOME although not all of the inherent risks, hazards, and dangers of the Activities include:

I understand that: high altitude sickness; becoming lost or separated from others; falling into or out of rafts, boats or trailers; rafts or boats overturning or becoming lodged against the bank or logs; getting trapped or stuck under boats, logs, or trees; ingestion of water; cold water immersion resulting in hypothermia; getting bumped and jarred by the raft, boat trailer, equipment, other people and/or other manmade or natural objects may occur during the Activities and may result in severe personal injury and emotional distress and injury, drowning, incapacity and/or death to me, my children, and others. 

I understand that, while Triangle X Ranch guides and staff make reasonable efforts to keep me safe, they can make mistakes, have lapses in judgment or make errors. The Activities take place in a natural, dynamic environment, and Triangle X Ranch guides and staff cannot guarantee my safety or guarantee the absence of error or misjudgment while interacting with that environment. The risk of human error is inherent in the Activities, and I accept that reality. 

I understand that water and weather conditions are unpredictable and constantly changing and that dangerous water and weather may be encountered during the Activities that may result in severe personal injury, drowning, incapacity and/or death to me, my children, and others.

 I understand that falls and collisions with trees, logs, banks, rocks, other people and other manmade and natural objects while engaged in the Activities, while entering or exiting boats, rafts and/or vehicles, and/or while walking in water or on slick or uneven walking surfaces are common and can result in severe personal injury, drowning, incapacity and/or death to me and others. I further understand that there is a risk of vehicular accidents and/or collisions while being transported in a Triangle X Ranch vehicle that may result in severe personal injury, incapacity and/or death to me, my children, and others. 

I understand that while on fishing trips I could be snagged or impaled with fishhooks, knives, fishing gear, or other sharp objects.

I understand that participating in the Activities involves additional or enhanced inherent risks such hypothermia, frostbite, exhaustion, sunburn, dehydration, sun and heat stroke, heart attack, and altitude sickness.

I understand that there is a risk of mechanical failure of equipment, including but not limited to personal floatation devices, radios, oars, rafts, boats, engines, oar-locks, frames, transportation vehicles, trailers and apparel that may result in severe personal injury, drowning, incapacity and/or death to me, my children and others.

I understand that there is a risk of adverse interactions with bears, bison, moose, bees, insects and other potentially dangerous wildlife while participating in the Activities that may result is severe personal injury, incapacity and/or death to me, my children, and others.

I understand that forest and wildfires may occur in the areas where the Activities are provided and that I and my children may be exposed to fire, smoke inhalation, toxins and other irritants released into the air from forest and wildfires.

In understand that food and drinks served to me and my children may contain ingredients or materials that could cause shock, illness, poisoning, choking, or death. Additionally, I understand that there is a risk of contracting COVID-19 and other viral or bacterial illness contracted from food, water, vehicle surfaces, rafting and fishing equipment, and other people around me.

I understand that the Activities take place is remote locations and that communications in the area where the Activities take place are always difficult and that in the event of an accident or injury rescue and medical treatment may be delayed indefinitely or may otherwise fail to occur. 

I understand and acknowledge that all of the inherent risks and dangers of the Activities cannot be fully foreseen and, therefore, that the above-noted risks and hazards are just examples and are not interpreted by me to be an exhaustive list of all possible hazards, risks, or dangers associated with the Activities. I further acknowledge and agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activities.  Moreover, I recognize and am aware that the Triangle X Ranch cannot eliminate or reduce the hazards, risks, and dangers associated with the Activities.

I understand and contractually agree that, under Wyoming’s Recreation Safety Act, codified at Wyoming Statutes Sections 1-1-121 through 1-1-123 (“Act”), a participant of any sport or recreational opportunity in the State of Wyoming assumes the inherent risks associated with that sport or recreational opportunity. I agree and acknowledge that the Activities are recreational opportunities as defined in the Act and that the inherent risks, hazards and dangers of the Activities identified in this Agreement are each an “inherent risk” as defined in the Act and I knowingly and voluntarily assume those inherent risks and the consequences of them.

I acknowledge that the inherent risks associated with participating in the Activities may result in loss of personal property, severe personal injury, emotional distress and/or death to me or others. By voluntarily participating in the Activities, I agree to assume and accept full responsibility for the inherent hazards, risks and dangers of the Activities identified herein together with those risks not specifically identified herein. I assume full responsibility for personal injury and death to myself and to my family members resulting from participating in the Activities. I assume full responsibility for loss or damage to my personal property, personal properties of others, and all expenses, including rescue and medical expenses, that were caused to or by me or members of my family by participating in the Activities. I further agree my and/or my family’s participation in these inherently dangerous Activities is purely voluntary and I and/or my family elects to participate in the Activities with full knowledge of the inherent risks associated with the Activities.

Participant’s Responsibilities and Representations: I represent that I and my minor children are physically and mentally capable of participating in the Activities. I understand the importance of all safety instructions given to me, whether in writing, visually, or verbally, and agree to follow, and to have my minor children follow, all guide instructions at all times while engaging in the Activities. Further, I represent that I have had the opportunity to both independently research and discuss with Triangle X Ranch the risks of participating in the Activities and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activities. I understand that any and all equipment provided by Triangle X Ranch may malfunction, fail, not fit properly, or otherwise not function as intended. I acknowledge and agree that a) Triangle X Ranch explicitly recommends that I and my minor children wear a personal floatation device (PFD) at all times while on or near the water; b) that I am responsible for selecting the proper size PFD and fitting it to my body and my minor children’s body; c) although a PFD may be provided, this equipment is no guarantee of my or my children’s safety, and such equipment may not protect me and my children from all injuries, including the types of injuries that the PFD is designed to prevent. I understand that if I or my children do not wear a personal floatation device, or other personal protective equipment, I am taking full responsibility for these choices. I understand that I am responsible for truthfully disclosing and notifying Triangle X Ranch of any risk to me, my children, or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I am responsible for notifying the Triangle X Ranch of any physical or mental injury or condition that pose a risk to me or my children while participating in the Activities. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself, my children, and others. I acknowledge that, in the event I choose to consume drugs or alcohol prior to or during my participation in the Activities, I will bear sole responsibility for myself and for any damages I may cause to Triangle X Ranch, its property or to other guests. I acknowledge that, in order to preserve the wilderness experience, Triangle X Ranch may not utilize satellite communications devices for the purpose of receiving warnings or related information that could impact safety during the Activities, from any source. Participant expressly agrees that Triangle X Ranch shall have no duty to utilize communications technology of any kind, including satellite technology, for that purpose, and Participant expressly assumes all risk associated with the lack of any such information. I am not relying on any prior oral, written, or visual representations made by Triangle X Ranch, including in any website or promotional materials, to induce me to participate in the activity.

Medical Authorization: I hereby: 1) authorize the Released Parties to undertake any emergency medical care for me and my minor children; 2) authorize the Released Parties and/or their authorized personnel to call for medical care for me and my minor children or to transport me or my minor children to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my or my minor children transport to any such medical facility or hospital or delivery to medical response personnel, the Released Parties shall not have any further responsibility for me or my minor children; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me or my minor children; and 5) shall hold the Released Parties harmless from any claims associated with such medical care and/or related transportation. Nothing herein shall obligate any of the Released Parties to provide any medical treatment, including CPR or first aid, to me or my minor children.

FULL AND GENERAL LIABILITY WAIVER AND INDEMINIFICATION

By executing this Agreement, and in consideration for being allowed to participate in the Activities, I, on behalf of myself and my minor children, am irrevocably and voluntarily releasing the Triangle X Ranch, together with all of its partners, officers, managers, employees, contractors, trustees, agents, insurance carriers, related entities and successors and assigns, and all individuals related to the Triangle X Ranch (collectively the “Released Parties”) for and from any and all causes of action, claims, liabilities and damages (including, without limitation punitive damages and attorney’s fees) arising out of my or my minor children’s participation in any of the Activities. It is my intent to irrevocably waive in advance, on my behalf and on behalf of my minor children, any and all claims I or my minor children may have against any of the Released Parties for any harm, damages, injury, sickness or death I or my children may suffer as a result of my or my children’s participation in the Activities.

I, for myself my minor children, and for my heirs, successors, executors and assigns, hereby KNOWINGLY, INTENTIONALLY AND IRREVOCABLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS each of the Released Parties from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any death, damage, loss or injury to me, my children, or my property as a result of my decision to participate in any of the Activities, even if such damage, loss, injury or death results from the acts, omissions or negligence (excluding gross negligence or willful misconduct) of any of the Released Parties or from some other cause. I AGREE that neither I, my children, nor anyone acting on my or my children’s behalf, will make a claim against, sue or otherwise maintain an action of any kind against any of the Released Parties as a result of any death, injury, loss or damage suffered by me or my children as a result of participation in any of the Activities. I further hereby waive liability of the United States and acknowledge and agree that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that I and/or my minor children sustain as a result of or in connection with my or my minor children’s participation in any of the Activities.

I agree to INDEMNIFY(REIMBURSE) each of the Released Parties from and for any and all claims I or my minor children may have arising in whole or in part from my or my minor children’s participation in any of the Activities. In other words, if I and/or anyone on my or my children’s behalf files any lawsuit or brings any claim for injury or damage against any of the Released Parties, I will be required to pay back to the Released Parties all sums of money incurred by or paid by or on behalf of any of the Released Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs. I further agree to defend, indemnify, and hold harmless each of the Released Parties against all claims, causes of action, liabilities, damages, or costs (including attorney’s fees and punitive damages) incurred by any of the Released Parties as a result of my or my minor children’s actions or inactions.

I acknowledge that the staff of the Triangle X Ranch has been available to me and my family to more fully explain the nature of, the physical demands of, and the inherent risks and dangers of the Activities. I understand that the Activities may require a degree of skill and knowledge different from other activities I have participated in.  I certify, however, that I and my family members, including minor children, are fully capable of participating in the Activities. 

This Agreement shall be interpreted and governed under Wyoming law and any actions or claims I or my heirs, successor, or assigns bring against any of the Released Parties shall be submitted to the Ninth Judicial District Court in Teton County, Wyoming, or the Federal District Courts of Wyoming, and that the substantive law of the State of Wyoming shall apply in any such action or claim. I further agree that if any part of this agreement shall be deemed to be unenforceable, all other parts of the Agreement shall be given full force and effect to the fullest extent allowable by law.

 I have carefully read, clearly understand and accept the terms and conditions stated herein and acknowledge that this Agreement shall be effective and binding upon me, my heirs, my assigns, my personal representative and estate upon members of my family, including minor children. I further state that I am of lawful age and legally competent and agree to abide by the terms set forth herein.

Participant Under 18 Years of Age: In signing this agreement on behalf of a minor (less than 18 years of age) (“Child”), I represent that I am the parent and/or legal guardian of such Child. I acknowledge and agree that I have read the above agreement, and that by signing this agreement on behalf of Child, I and Child agree to be bound by its terms. Additionally, by signing this Agreement as the parent or legal guardian of a Child, I understand that I am also waiving certain rights on behalf of the Child that the Child otherwise may have. I agree that but for the foregoing, the Child would not be permitted to participate in the Activities and sign this document out of a desire to have the Child be allowed to participate in the activities. I further understand and agree that it is my responsibility to fully inform the Triangle X Ranch of any special needs Child may have.