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AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY Please read this contract carefully. It releases BDF LLC. from liability and waives certain rights.

In consideration of being permitted to participate in a river trip with BDF LLC., d/b/a Bear Valley River Company, d/b/a Bear Valley Rafting, d/b/a Idaho Whitewater Unlimited (hereinafter “Bear Valley”), I, the Participant (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in a rafting or kayaking trip with Bear Valley which may include whitewater boating, kayaking and kayak instruction, being around or in water, and related transport (hereinafter collectively and individually the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “participant” pursuant to I.C. § 6-1202, that participating in the Activity involves certain inherent dangers and risks that cannot be altered, eliminated, lessened, or controlled by Bear Valley, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following list of dangers and risks that could cause physical or emotional injury or death are “inherent” with and in the recreational activity pursuant to I.C. § 6-1206, and I acknowledge that there are other inherent dangers or risks not listed below: a) Risks associated with guided rafting, kayaking, kayak instruction, and being around or in water, including: falling into water; water immersion including drowning; jolting or jarring resulting in contact with hard objects including rocks and boating equipment; injurious contact with natural and manmade objects; capsizing watercraft; becoming tangled in ropes; getting trapped or caught beneath an overturned watercraft; foot entrapment; trapped limbs; striking and/or becoming entangled with strainers or other objects under the surface of the water; being trapped by a hydraulic, swift current, undercut or other river feature; changing or unexpected natural or man-made water conditions; hazardous river conditions, including whirlpools, strong currents, eddy lines, large waves, and shallow water; injury resulting from jumping from heights, including cliff or rock jumping; injuries caused by misjudging water depth or current; shock induced by exposure to cold water; prolonged exposure to cold water; hypothermia; physical over-exertion; mental or physical shock; boating equipment malfunction; slipping, tripping or falling around or from boats; slipping, tripping or falling while portaging, including from heights; and errors in guide judgment, or lapse in guide skill; b) Risks associated with transport in a motor vehicle, including: all commonly understood risks of riding in a vehicle on highways or roads, including crashes; all commonly understood risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; jarring or bouncing; ejection from or falling out of a vehicle; overturning of vehicle; burns; unmaintained and hazardous roads; and errors in driver judgement or lapse in driver skill; c) General risks associated with participating in the Activity, participating in the Activity with other participants, and relying upon guides or staff, including: rough or unmaintained trail; variations in terrain; exposure to steep terrain; trips, slips, or falls including on Bear Valley premises, facilities, and in or from vehicles at large; falling into the water from onshore; dangerous water crossings; lack of or inadequate shelter; getting lost; allergen exposure; exposure to poisonous plants; exposure to various dangerous or diseased wildlife, domestic animals, or insects, including bee, wasp, ant, spider, tick, bat, snake, and rodent bites or stings; falling trees, limbs, rocks, or other objects; moving objects associated with extreme weather; changing weather; dangerously cold temperatures, dangerously hot temperatures, wind, hail, heavy rain, lightning, storms, and other adverse weather conditions; temperature fluctuations; extreme or partial darkness; landslides; mudslides; flashfloods; water and debris fall; earthquake; wildfire and associated smoke; burns or burning associated with fires, hot surfaces, hot food or drink, and sun exposure; injuries caused by aiding others; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; exposure to food allergens; all manner of outdoor injuries including brain injury, head injury, spinal injury, joint injury, broken bones, paralysis, sprains, mental or physical shock, internal injury, sickness or disease, hypothermia, frostbite, sunburn, heatstroke, dehydration, and hyponatremia; exacerbation of Participant’s own health condition(s); overexertion and fatigue; bodily failure while carrying heavy equipment or objects; inadequate or improper clothing, footwear, or equipment; flying man- made objects such as balls, frisbees, gear, or equipment; failure to understand and follow guide instructions; Participant’s failure to estimate and operate within Participant’s experience; Participant’s failure to use equipment appropriately or effectively; mentally or physically unstable, negligent or criminal trip participants; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, watercraft, or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; errors in guide judgment or lapse in guide skill; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that Bear Valley has done its best to list the known risks of participating in the Activity, and I agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.

2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and I freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.

3. Participant’s Responsibilities and Representations, Acknowledgements: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing, verbally, or visually, and I agree to follow all staff or guide instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Bear Valley the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I have been informed of the risks associated with running whitewater and the increased risk associated with running higher classes of whitewater and of the changing nature of such risk as water levels change. If I choose to paddle a kayak, I understand doing so carries heightened and additional risks to those assumed by a Participant in a traditional guided river trip and that the inherent risks of the trip are heightened and enhanced by the fact that the personal watercraft in which the Participant will be traveling down the river will not be controlled by an experienced guide who is familiar with the river, the rapids on the river, and the dynamic nature of river conditions. I acknowledge that when paddling a watercraft that all risks inherent to traveling by boat/watercraft down the river are heightened, and the risk of injury or death is correspondingly higher. I understand that Bear Valley requires the use of personal floatation devices (PFDs) for all river activities and helmets for class III-IV whitewater and kayak instruction. I acknowledge and agree that any and all equipment supplied by Bear Valley may malfunction, fail, or otherwise not function as intended. I also understand that although safety equipment may be utilized, this equipment is no guarantee of my safety, and such equipment may not protect me from all injuries, including the types of injuries that the safety equipment is designed to prevent. I understand that not all conceivable safety equipment is provided, and that I will provide any safety equipment I deem necessary or advisable for the activity. I understand that if I choose to utilize my own equipment I am fully responsible for its condition, suitability, use, fit, maintenance, and adherence to requirements (PFDs must be whitewater specific and USCG approved). I understand that I am responsible for truthfully disclosing and notifying Bear Valley of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that in the event I choose to consume alcohol or drugs during the Activity, I will bear sole responsibility for myself and for any damages I may cause to Bear Valley, its property or to other guests. I agree that Bear Valley reserves the right to remove Participant from engaging in the Activity if it deems, in its sole discretion, that such removal is appropriate and necessary. I acknowledge that, in order to preserve the wilderness experience, Bear Valley may not utilize satellite communications devices for the purpose of receiving warnings or related information that could impact safety during the Activity, from any source. I expressly agree that Bear Valley 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 Bear Valley, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.

4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Bear Valley’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE BDF LLC., and its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, contractors, and shareholders (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence, recklessness, or willful misconduct).

5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, including claims for negligence or any other cause of action except for gross negligence, the undersigned will be required to pay back to each and every Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.

6. Medical Authorization, Release and Indemnification: I hereby: a) authorize the Released Parties to undertake any emergency medical care for me; b) authorize the Released Parties and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; c) agree that, following my transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for me; d) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and e) shall hold each and every Released Party harmless from any claims associated with such medical care and/or related transportation.

7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my own behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and I sign this document out of a desire to have the minor Participant be allowed to participate in the Activity. I represent that I am a legal parent or guardian of the minor Participant, and I will indemnify the Released parties for any damage caused to them if this representation is false.

8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.

9. Agreement to Application of Idaho Law and Selection of Forum: I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity shall be governed by Idaho law, and that the exclusive jurisdiction for any claim shall be in the Boise County, Idaho, District Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.

10. Miscellaneous Provisions: I agree that Bear Valley may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of Bear Valley. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement may be modified only in writing, and it supersedes and replaces any prior Acknowledgement of Risk I have signed. An electronic signature or acknowledgment of agreement upon this Agreement is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that Bear Valley is not a common carrier.

I HAVE CAREFULLY READ THE FOREGOING THREE PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.



                                                                                           

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
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*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
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*
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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