VISITOR USE ACKNOWLEDGEMENT OF RISKS

In consideration of the services of Blue Ridge Mountain Guides, LLC their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “B.R.M.G.”) I agree as follows:

Although B.R.M.G. has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, B.R.M.G. has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death.B.R.M.G. does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.

Rock climbing, mountaineering, alpine climbing, ice climbing, skiing, ski touring, split boarding, snowboarding, ski mountaineering, instructional courses and professional trainings, hiking and or trekking and activities associated with these activities pose risks such as:

(1) Inherent risks and dangers in travel, camping/bivvying, climbing, mountaineering, skiing, or snowboarding in mountainous terrain;

(2) Acts or omissions, negligence in any degree, of BRMG its agent or employees, participants, and other persons or entities;

(3) Slips and falls while traveling, hiking, climbing, or descending on trails, off trail, on snow, on glacier, on ice, on rock, while skiing/snowboarding, or rappelling, being belayed, or lowered on these mediums;

(4) Features Falling such as loose, falling, rolling and breaking rock; unstable or loose rock, talus and/or scree slopes, boulders; snow, ice or moraine, glaciers and crevasses, rock and ice or snow avalanches or massive loosening and movement of dirt and rock; objects – whether equipment, rocks/earth/ice, timber or other participants – falling from above;

(5) Terrain may contain the following hazards and obstacles, which may be hidden by snow. These include crevasses and bergschrunds, ice and snow cornices, ice formations, tree wells, tree stumps, roots, branches, creeks, rocks and boulders, forest deadfall, holes and depressions below the snow surface, and varying and difficult snow conditions, submerged objects in flooded or wet areas, thin ice and deep water and varying and difficult conditions;

(6) Snow or ice avalanches which can be caused by natural or artificial forces including, but not limited to, steepness of slopes, snow depth, instability, changing weather conditions, or the weight of participant(s) or others on the snowpack. B.R.M.G. or its staff may misjudge whether the terrain is safe for traveling on or in or where or when an avalanche may occur;

(7) Weather conditions and environmental exposure including exposure to the natural elements that can be uncomfortable and/or harmful. Exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, frostbite and high altitude illnesses (HAPE and/or HACE), some or all of which may diminish participant(s)’ ability to react or respond. Participants may encounter dangerous plants, wildlife, or insects. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperature variations, etc., can occur. Naturally occurring human disease processes (including, but not limited to, Corona Virus) occur in all environments in which these activities will take place. Contact, exposure, or transmission of pathogens from food, water, or people (including guests/participants, employees and other third parties) is possible;

(8) Use of technical equipment (i.e. - crampons, ropes, ice axes, avalanche rescue equipment, carabineers and other hardware) that participant(s) might not be familiar with and that participant(s) may find difficult to use and which a participant(s) may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by B.R.M.G. or guides/staff. Despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to participant(s) or others;

(9) Communication in remote and/or terrain can be difficult and in the event of an accident, rescue and medical treatment may be significantly delayed or unavailable. Participants not carrying their own necessary medications and being able to administer these medications puts them at risk. Risks associated with receiving first aid, emergency treatment, or other services rendered;

(10) The condition of terrain including climbing routes, ski terrain, trails, roads, waterways or other terrain;

(11) Consumption of food and drink, cooking, and consuming naturally sourced water;

(12) Participants may become lost or separated from their companions in forested areas, wild and rugged terrain, or bad weather;

(13) B.R.M.G. guides/staff have difficult jobs to perform. They seek to manage risk, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or the participant may fail to understand the safety directions due to language issues. Decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment;

(14) Photography and videography B.R.M.G. guides/staff or participants may take photographs or videos (of whatsoever nature) records of any or all of the activities it conducts and may use such records for promotional and/or commercial purposes without any remuneration to participants;

(15) Unknown and unanticipated risks that could result in physical, psychological, or emotional injury, death, or damage to participant(s), to property or to third parties;

(16) Participant(s) physical, emotional, and psychological conditions (disclosed or undisclosed to B.R.M.G.), or own acts, omissions, or negligence creating or increasing the previously stated risks.

I am aware that rockclimbing,mountaineering, alpine climbing, ice climbing, skiing, ski touring, split boarding, snowboarding, ski mountaineering, instructional courses and professional trainings, hiking and or trekking and activities associated with these activities entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of B.R.M.G. has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.