PLEASE READ CAREFULLY BEFORE SIGNING.
1. Definitions. “Participant” is the person who is participating in Rafting. The “Undersigned” means only the Participant when the Participant is age 18 or older, OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under 18. “Releasees'' means Geyser Whitewater Expeditions, Inc. and its employees, officers, directors, and shareholders. “Rafting” means the rafting expedition sponsored by the Releasees in which the Participant is participating, traveling to and from Rafting site(s) and all associated tasks. The “Agreement” refers to this document (front and back).
2. Inherent Risks of Rafting. RAFTING IS HAZARDOUS, INHERENTLY DANGEROUS AND MAY CAUSE PHYSICAL INJURY OR DEATH. The risks and dangers of the activity include, but are not limited to: extreme physical demands and exertion; exhaustion; lack of, or errors in, instruction, communication or medical attention; lack of or improper equipment; errors in rafting course choice or rapid difficulty choice; guide or participant negligence; errors in food storage or preparations; dangerous wildlife, plants or insects; changing weather or water conditions; cold water immersion; hypothermia; obstacles above or below water; being struck by equipment; losing traction on slippery terrain and falling; changing and unpredictable currents; holes; drowning; swimming in cold water rapids; overturning; improper use of or lack of equipment; jumping or falling off rocks; carrying rafts or other equipment; tripping or falling; becoming entrapped underwater by natural or man-made objects, the raft or the equipment; equipment failure; dehydration, heat exhaustion and sunburn; driving to and from Rafting site(s); Participant’s poor health or physical condition; and mental distress from exposure to any one of the above. COVID-19: The novel coronavirus, COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting Geyser Whitewater Expeditions or participating in any of our activities, you voluntarily assume all risks related to exposure.THIS DESCRIPTION OF THE INHERENT RISKS IS NOT EXCLUSIVE. RAFTING MAY INVOLVE OTHER RISKS THAT ARE EQUALLY OR MORE DANGEROUS.
3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in Rafting, the Undersigned agree as follows:
(a) Release. THE UNDERSIGNED RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASEES as the result of any injury the Undersigned may incur while participating in Rafting. This specifically includes claims for negligence, negligent misrepresentation, premises liability, breach of warranty, statutory violation and breach of contract. If the Participant dies as a result of injury incurred while participating in Rafting, no one may sue the Releasees as a result of that death or injuries received before death.
(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, including legal fees and expenses whether or not in litigation, arising out of or related to Participant’s participation in Rafting.
(c) Assumption of Risk. The Undersigned agree and understand that serious INJURIES OR DEATH may result from participating in Rafting, and that such injury or death may be caused by the acts, omissions, representations, carelessness, or negligence of the Releasees. The Undersigned acknowledge that participation in Rafting is voluntary and that Participant is physically and mentally capable of participating in Rafting. RECOGNIZING THE RISKS AND DANGERS INVOLVED IN RAFTING, THE UNDERSIGNED VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN RAFTING AND EXPRESSLY ASSUME ALL LIABILITY FOR INJURY CAUSED BY THE RISKS INVOLVED IN RAFTING, WHETHER OR NOT THE RISK IS DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
4. Photo Release. The Undersigned grants to the Releasees permission to use his or her likeness, image, or appearance in any photographs, digital images, or other mediums taken or made on behalf of the Releasees for promotion of the Releasees’ businesses.
5. Minor Acknowledgment. In the case of a minor (under the age of 18 years) Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the
parent or legal guardian of a minor, the parent or legal guardian is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in Rafting. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are, under penalty of fraud, the legal parents or guardians of the minor Participant.
6. Medical Care. Undersigned authorize the Releasees or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed and it is possible to call for medical care or transport Participant to a medical facility or hospital. Undersigned agree to pay all costs associated with such medical care and related transportation. DUE TO THE REMOTE LOCATION OF RAFTING, IT MAY NOT BE POSSIBLE TO CALL FOR MEDICAL CARE OR TO RECEIVE MEDICAL CARE QUICKLY.
7. Fitness to Participate. ATTENTION: A Participant may not participate if you (1) are under the influence of alcohol or mind-altering drugs or medications, (2) are pregnant, or (3) cannot fit into a personal flotation device (PFD) provided by Releasees.
In the "Participant Information" section below, please explain any medical conditions the Participant has so that Releasees can better assist you in an emergency (although it cannot guarantee your safety).
By initialing here, the undersigned certifies for himself or herself, and any minor Participant, that he or she has no medical condition which would render him or her unable to participate in Rafting.
Releasees are not qualified to evaluate your fitness for its trips, so you must determine for yourself or your minor whether you are sufficiently fit to participate based on the following criteria:
● Be in good general physical condition;
● Be capable of moderate exercise for up to two hours;
● While wearing a PFD, be able to swim in swift moving, turbulent, and cold water;
● Enter and exit a raft, either from land or water.
By initialing here, the undersigned certifies for himself or herself, and any minor Participant, that he or she meets these criteria.
8. Miscellaneous. The Undersigned further agree and understand that: (a) Participant will not engage in any activity prohibited by law, regulation or ordinance; (b) this Agreement shall be governed by Montana law, and the exclusive jurisdiction for any claim against the Releasees is the Gallatin County District Court or Montana federal court; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO RAFTING, INCLUDING BUT NOT LIMITED TO ANY PRIOR REPRESENTATIONS ABOUT SAFETY; (d) the Undersigned is voluntarily and fairly entering into this Agreement; (e) this Agreement is a binding contract; (f) if any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable; (g) this Agreement is binding upon the Undersigned and their assignees, subrogees, heirs, next of kin, executors and personal representatives of the Undersigned.
By signing this document you may be waiving your legal right to a jury trial to hold the Releasees legally responsible for any injuries or damages resulting from risks inherent in Rafting or for any injuries or damages you may suffer due to the Releasees’ ordinary negligence that are the result of the Releasees’ failure to exercise reasonable care.
September 18, 2020