In consideration of the services of Outbound Mountain Gear (“OMG”), I agree and acknowledge as follows:

ACTIVITIES AND RISKS: I understand that OMG courses and trips are conducted in classrooms and outdoor settings. The outdoor portions will occur during the day or at night in various types of cold weather environments. This includes, but is not limited to: rugged wilderness-like terrain and weather conditions that include cold, wind, sun, snow, rain or other conditions. I acknowledge that the activities of the course have risks, including certain risks which are inherent. Inherent risks are those which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of these activities can cause loss or damage to equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability or death. I understand that OMG considers it important for me to know in advance what to expect and to be informed of the activities’ inherent risks. The following describes some, but not all, of those risks.

● OMG courses may occur in remote places. They may occur on lands open to the public, and exposed to the acts of persons not associated with OMG. Communication and transportation may be difficult and evacuations and medical care may be significantly delayed.

●COVID-19 is an inherent risk for any participant. Participants acknowledge the risk of exposure to COVID-19.

●Participants agree to follow the COVID-19 guidelines communicated by OMG staff.

● OMG activities may be strenuous, physically and mentally.

● Physical activities include traveling over snow on snowshoes, skis, splitboards or snowmobiles. Certain activities may require travel by foot and other means, over unimproved roads, hiking trails and rugged terrain including downed timber, river crossings, snow, ice, steep slopes, slippery rocks and other features. These travel risks include falling, drowning, becoming lost and others usually associated with such travel, including environmental risks.

● Environmental risks and hazards include avalanches, flowing, deep and cold water, animals; falling and rolling rock; lightning, falling timber, and unpredictable forces of nature, including weather which may change to extreme conditions without notice. Possible injuries and illnesses include altitude illness, hypothermia, frostbite, sunburn, dehydration, and other mild or serious conditions.

● Students will participate in realistic simulated injury scenarios and will at times act the role of patient, being handled, carried and otherwise treated as patients of an avalanche emergency in simulated situations. Students will also use and practice with various backcountry ski equipment. Training, under close staff supervision, may include being packaged by fellow students.

● OMG may require students to arrange their own transportation to locations away from the primary classroom from which further activities will be conducted. This travel is not supervised by OMG and includes the use of personal vehicles and/or carpooling in vehicles not owned or controlled in any way by OMG.

● Equipment may fail or malfunction. Students are responsible for keeping their own personal equipment in good working order.

● Students are responsible for informing staff and Instructors of any significant medical conditions, injuries or other physical limitations prior to the start of the course.

● Decisions made by the instructors, other staff (including volunteers), contractors and students will be based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Misjudgments may pertain to, among other things, a student’s capabilities, environment, terrain, water and weather conditions, natural hazards, routes and medical conditions.

● OMG students, including minors, may have “free” time before, during and after their course. OMG has no responsibility for students during their free time before and after their course. OMG staff may from time to time provide assistance or even accompany students in these free time activities, but in doing so, they are acting as private individuals, and OMG is not responsible for their conduct. Even during the course OMG cannot continually monitor the behavior and activities of students and students must accept responsibility for themselves and others whether or not under the direct supervision of OMG staff.

ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT AND OTHER RISKS:

I acknowledge that the staff of OMG has been available to more fully explain to me the nature and physical demands of my OMG course and the inherent risks, hazards, and dangers associated with this course. I understand and acknowledge that the description above (“Activities and Risks”) of the inherent risks of OMG’s activities is not complete and that other, including unknown or unanticipated, risks, inherent or otherwise, may result in property loss, injury, illness or death.

I acknowledge that my participation in this OMG course is purely voluntary, and I wish to participate in spite of and with knowledge of the inherent and other risks involved. I acknowledge and assume the inherent risks described above and all other inherent risks of my OMG course. In addition, except with respect to an injury or other loss which occurs on lands whose rules or regulations prohibit my doing so as a matter of law, I expressly assume ALL risks of enrolling and participating in a OMG course, inherent or otherwise, and whether or not described above.

2025-2026 SEASON AGREEMENTS OF RELEASE AND INDEMNITY:

If I am an adult student, or the parent of a minor student, I agree for myself and on behalf of the minor student for whom I sign, as follows: I hereby release, hold harmless and agree not to sue OMG, it’s officers, trustees, agents, and staff including employees, volunteers and interns. (“Released Parties”), with respect to any and all claims of loss or damage to person or property by reason of injury, disability, death, or otherwise, suffered by me or by a minor student for whom I sign, arising in whole or part from my, or the minor student’s, enrollment or participation in an activity of OMG, or transportation to and from such activities. I agree further to indemnify (“indemnify” meaning to defend, and to pay or reimburse including costs and attorneys fees) Released Parties against any claim by a member of my, or the student’s, family, a rescuer, another student, or any other person, arising in whole or part from an injury or other loss suffered by me or caused by me, or by the minor student, in connection with my, or the minor student’s, enrollment or participation in an activity of OMG.

These agreements of Release and Indemnity include claims of negligence of a Released Party, but not of gross negligence or intentionally wrongful conduct. They are intended to be enforced to the fullest extent permitted by law. These agreements of release and indemnity are of no force or effect with respect to an injury or other loss which occurs on lands whose rules or regulations prohibit such agreements as a matter of law.

OTHER PROVISIONS:

If I am an adult or the parent of a minor student I further agree for myself and on behalf of the minor student for whom I sign, as follows: OMG is authorized to obtain or provide emergency hospitalization, surgical or other medical care for me or for the minor student. I understand that situations may arise in which third party medical care is not available and which require OMG staff to provide first aid and possibly more advanced procedures, employing wilderness first responder training. Such care will be provided under the guidance of the OMG Physician Advisor by way of OMG’s written Medical Protocols. Any such third- party medical care provider is authorized to exchange pertinent medical information with OMG. Costs associated with medical services, including evacuation shall be borne by me. I agree to be responsible for any damage I, or the minor, may cause to the property of OMG, OMG or others. OMG is not responsible for loss, theft or damage to a student’s personal belongings at any time during the course, including storage by OMG or others. OMG and persons designated by it may use my or the minor photograph for sale or reproduction in any manner OMG chooses, including for advertising display, audiovisual presentations or otherwise. Any dispute between me or the minor and OMG will be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the State of Colorado, and any mediation or suit shall occur or be filed only in the State of Colorado. If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of the agreement nevertheless will be in full force and effect.

THE MINOR AND THE PARENT(S) OR GUARDIAN OF A MINOR S HAVE READ THIS PAGE AND THE PREVIOUS PAGE AND UNDERSTANDS AND AGREES TO ITS TERMS, INCLUDING THE ACKNOWLEDGEMENTS AND ASSUMPTIONS OF RISKS, AGREEMENTS OF RELEASE AND INDEMNITY AND THE ADDITIONAL PROVISIONS, ABOVE.

Assumption of Risk: I understand and accept that renting this equipment, participating in courses, and participating in these sports in general exposes me to many hazards and entails unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I should be in good physical health to participate in the sport. I choose to participate in the sport in spite of these risks and hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising out of renting, demoing, and participating in courses. I understand the inherent risk involved in using this equipment and participating, I accept full responsibility for any and all such damage or injury which may result.

Rental Waiver & Release: In consideration of Outbound Mountain Gear renting me this equipment or putting on courses or events, I specifically release and forever discharge Outbound Mountain Gear and its officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I may suffer while renting this gear and participating in the sport. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damaged caused by the negligence of Outbound Mountain Gear or its officer agents, or employees. It is my intent by the Waiver and Release Agreement to release Outbound Mountain Gear and hold harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by negligence of Outbound Mountain Gear or whether based upon breach of contract, breach of warranty, or any other legal theory. Customer agrees to return the gear in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the shop’s discretion and customer agrees to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes. Note: All gear should be returned clean of mud and debris. Any equipment not returned clean will be assessed a 1 hour additional fee. Hourly and Daily rentals are due back 15 minutes before closing time. Late returns are subject to fees.

Customer agrees to provide Outbound Mountain Gear with credit card details, for precautionary use only: I authorize Outbound Mountain Gear to charge the credit card the have on file for me for all eventual costs in case of damages to the equipment during my rental period, comprehensive of labor, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Outbound Mountain Gear for the original price of the equipment, plus the cost of any accessories that were provided at the time of the bike rental.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.