In consideration for the services provided by Crag To Vine, LLC and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Crag To Vine”), I hereby agree to indemnify, hold harmless, defend, release and discharge Crag To Vine on behalf of myself and, where applicable, my minor children and our heirs, successors, assigns, administrators, executors, personal representatives, estate and all persons claiming through or under us a follows:
- I understand and acknowledge that Crag to Vine has not made and is not making any representations, warranties, or covenants regarding the safety of any activities in which I/we are voluntarily participating and further acknowledge that the outdoor adventure activities cannot be made completely without risk of harm, loss, damage, injury or even death.
- I understand that my participation in outdoor adventure activities, along with associated activities, include certain inherent and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, slipping, falling, being struck by or striking objects, persons (including other participants), or the ground, malfunctioning equipment, unstable structures, acts of God, terrorism, hazards of travel in difficult terrain, weather, altitude, travel by motor vehicles or other conveyance, exposure to disease, drowning, accidents, bites, and the negligent acts or omissions of Crag To Vine and other participants in the activity . I further acknowledge the risk that personal injury or illness sometimes occur in remote areas without means of rapid or prompt evacuation or adequate medical care or supplies. These risks cannot be eliminated and I knowingly and willingly assume these risks and dangers. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property. I understand and acknowledge all of these risks and hereby release Crag to Vine from all claims, causes of action, suits, losses or damages arising from my participation in activities and services provided by Crag to Vine excepting gross negligence and intentional acts.
- The activities in which I will participate will vary; but, I have had the opportunity to ask questions about the risks and, to the extent that I have not inquired, all such information and risks will be imputed to me. The activities will entail both known and unanticipated risks. Many risks are inherent to the activities, which means that they cannot be changed or eliminated without altering the essential elements and quality of the activity. I acknowledge that I have the ultimate responsibility to determine whether I can safely participate in the activity. I expressly agree and promise to accept and assume all of the risks, inherent or otherwise, of participating in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I am aware that travel within a group situation invariably involves compromise to accommodate the diverse desires, personalities, and physical abilities of group members. I acknowledge that my guide may be required to improvise and exercise his or her good faith and discretion and/or make decisions based upon the foregoing, which may not please me personally but are required for the benefit and safety of the group. I understand and accept these aspects of the activity.
- Understanding these risks, I agree for myself, my minor children and our heirs, successors, administrators, executors, and personal representatives to release Crag To Vine all other persons or entities acting in any capacity on Crag To Vine’s behalf from any and all claims demands for loss, damages injuries including without limitation sickness, bodily or emotional injury or death, damage to property or any other causes of action relating in any way to my participation in the activity.
- If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against Crag To Vine in contravention of this Agreement, then I shall indemnify, hold harmless, defend and advance all legal costs and attorneys' fees whatsoever to Crag to Vine incurred in the defense of any such claim.
- I represent and warrant that I am healthy and physically capable of safely participating in the activities and services provided by Crag to Vine and that I have no physical condition which will prevent me from completely safely participating.
- I agree that the interpretation of this agreement or of any other aspect of my relationship with Crag To Vine shall be governed by the laws of the State of Arizona and that any legal action shall only be brought in YAVAPAI COUNTY, ARIZONA.
- I HEREBY WAIVE THE RIGHT TO TRIAL BY JURY.
- I further agree that all disputes arising out of or in connection with my participation in activities and services provided by Crag to Vine shall be finally adjudicated under the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrators' award shall be final and binding and judgment upon the award may be entered in any court having personal jurisdiction over a party.
- I consent to having my photo taken, or photos of my family members taken, while participating in the activities I have hired Crag To Vine to facilitate. I consent to having any photograph of me or my family members used, published or sold (without compensation to me or them) by Crag To Vine.
- With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in activities such as this activity and the full authority and capacity to execute and form this Agreement on behalf of my child. To the extent that my representation of authority to bind my child to this Agreement is false, then I shall indemnify and hold Crag To Vine harmless from all claims, causes of action and/or suits in which my representations and warranties regarding my authority to bind my child to this Agreement are alleged to be false.
- I hereby consent to my child participating in the activity, and I understand and agree that all of the terms of this agreement shall apply equally to both myself and my child. No other persons are required to sign this agreement for my child.
- Any portion of this agreement deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions, which shall continue in full force and effect.
- This is the entire agreement of Crag To Vine and myself and shall supersede all prior statements, representations or warranties, oral or written, express or implied. I understand that I will be required to complete a Medical Information Form for me and, if applicable, my child and any other agreements which Crag To Vine requires for participation in the activity.
I HAVE CAREFULLY READ THE FOREGOING PARTICIPANT AGREEMENT, LIABILITY RELEASE, INDEMNITY AGREEMENT, VISITORS’ ACKNOWLEDGEMENT OF RISKS AND ASSUMPTION OF RISKS. I UNDERSTAND ITS CONTENTS AND SIGN THIS AGREEMENT OF MY OWN FREE WILL WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
Today's Date: February 22, 2020