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CLEARLY TAHOE - NEVADA

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISK, COVENANT NOT TO SUE AND

HOLD HARMLESS AGREEMENT

1.               Outdoor activities, including but not limited to kayaking, biking, hiking, snowshoeing, camping and/or outdoor activities, are dangerous and I ASSUME ALL RISKS, whether known or unknown, of injury, including death, illness or damage to my property.  I understand that there is a significant risk of serious physical injury, death or other damages inherent in my participation in activities organized and lead by CLEARLY TAHOE.  Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of CLEARLY TAHOE or other parties, as well as the risks normally associated with outdoor endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my participation in CLEARLY TAHOE’s activities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for all dangers and risks associated with kayaking, biking, hiking, snowshoeing, camping and/or outdoor activities. I certify that I understand kayaking, biking, hiking, snowshoeing, camping and/or outdoor activities exposes me to a high risk of injury or accident.  I knowingly and voluntarily assume all risks, whether known or unknown, of paralysis, injury, illness, death or damage of whatever kind arising out of my participation in any such activity organized by CLEARLY TAHOE.

2.               Release of liability, WAIVER OF CLAIMS, ASSUMPTION OF RISK and hold harmless agreement is given in consideration for my participation. I recognize that CLEARLY TAHOE could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to participate in this activity, I release CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS and anyone associated with CLEARLY TAHOE, EDGEWOOD and the NEVADA STATE PARKS including without limitation its officers, directors, staff, instructors, members, agents, guests and third parties as well as the released parties enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any king whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.

3.               Covenant not to sue is given in consideration for my participation in CLEARLY TAHOE activities and use of CLEARLY TAHOE equipment. Additionally, in consideration of any part payment for my right to participate in CLEARLY TAHOE sponsored activities and use of CLEARLY TAHOE equipment, I will not sue CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS or anyone associated with CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS including without limitation its officers, directors, employees, instructors, members, agents and guests, as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.

4.               I will protect CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARKS from liability.  I agree to defend, protect, indemnify, and hold harmless CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS its officers, directors, members, instructors, employees, agents and guests, as well as the released parties enumerated elsewhere in this document, from and against any and all claims, suits, actions at law or in equity (including but not limited to claims of negligence), for damages or other relief and against any liability of any nature, together with attorneys’ fees and costs incurred, that may arise out of my use of CLEARLY TAHOE equipment or participation in a CLEARLY TAHOE sponsored activity. I agree to pay CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARKS’s reasonable attorneys’ fees and costs if I bring a suit for injuries suffered at a CLEARLY TAHOE sponsored activity and that action is unsuccessful, in whole or in part.

5.               I agree to abide by all CLEARLY TAHOE, EDGEWOOD and NEVADA STATE PARK rules. I agree to abide by all CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS rules contained in written form as well as verbal directions that may be given by CLEARLY TAHOE staff or employees.

6.               I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use CLEARLY TAHOE facilities.  I agree to inform CLEARLY TAHOE of any conditions that may have any effect on my ability to fully and safely participate in a CLEARLY TAHOE sponsored activity, so that a determination can be made as to the proper course of action.

7.               Other Provisions.  This agreement constitutes the complete and sole agreement between me and CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS, its officers, directors, instructors, employees, agents, members and guests and all others associated with CLEARLY TAHOE, EDGEWOOD, NEVADA STATE PARKS. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. INDIVIDUAL OFFICERS, DIRECTORS, CLEARLY TAHOE MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my participation in all CLEARLY TAHOE activities and all associated events.

8.               Venue and Jurisdiction. THE LAWS OF THE STATE OF NEVADA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN DOUGLAS COUNTY, NEVADA.

9.               Severability. If for any reason a provision of this Agreement is found to be unenforceable, the offending provision may be amended to the extent necessary to conform to applicable law, or, if it cannot be so amended without materially altering the intention of the Parties, it shall be severed here from. In either event, the remainder of the Agreement shall continue in full force and effect.

10.      In return for my likeliness captured in photos or videos, I hereby assign full copyright of any and all photographs, containing all or part of my image, to Clearly Tahoe (and the related representatives and assigns) together with the right of reproduction either wholly or in part.

 

I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS.  THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS.  I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.



First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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