SCHNEIDER MEADOWS RELEASE READ THIS RELEASE CAREFULLY BEFORE SIGNING: IT HAS LEGAL CONSEQUENCES AFFECTING YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL ACTIONS. IF VISITOR IS UNDER 18, A PARENT OR LEGAL GUARDIAN OF VISITOR MUST ALSO READ AND SIGN THIS RELEASE. Schneider Meadows is a privately-owned, unimproved, forest property located at W½NE¼ & E½NW¼ Section 35, Township 6 S., Range 45 E.W.M. Baker County, Oregon, USA (“Schneider Meadows”). Visitor desires to visit Schneider Meadows and therefore, in consideration of allowing Visitor to visit the Schneider Meadows, Visitor agrees to the following: RISKS. Schneider Meadows is a wilderness property located at high elevation, which may pose specific health and safety risks and dangers to Visitor. Visitor understands, acknowledges and accepts (a) that there are a variety of inherent dangers and risks related to visiting a natural setting at a high elevation (like Schneider Meadows) and participating in the Activities (defined below) that cannot be entirely controlled or eliminated; (b) that the Released Parties do not manage or oversee the Activities or use of Schneider Meadows; and (c) that by visiting Schneider Meadows and engaging in the Activities, Visitor could sustain damage to Visitor’s property or the property of others and could suffer serious injuries resulting in disability, paralysis, or death. Additional risks and dangers include without limitation (i) those caused by or resulting from crashing while backcountry skiing, horse riding, and tripping, slipping, or falling while hiking, biking or climbing; (ii) those relating to variable conditions such as terrain, vegetation, rocks, other obstacles, facilities, weather, wildlife, poisonous plants, Visitor's physical and mental condition, actions of and collisions with other people, and Visitor's lack of adequate hydration or nutrition; (iii) negligent planning, instruction, and supervision of Activities; (iv) defective, broken, or improperly maintained equipment, grounds, facilities, or property; (v) motor vehicle accidents; and (vi) the negligent actions or omissions of other Visitors, Released Parties (defined below), or passers-by. In particular, Activities like hiking, biking, climbing, and backcountry skiing involve a high level of risk, and injuries are a common and ordinary occurrence. VISITOR VOLUNTARILY AGREES TO ACCEPT ALL RISKS OF THE VISIT TO AND ACTIVITIES AT SCHNEIDER MEADOWS, AND TO BE RESPONSIBLE FOR VISITOR’S OWN HEALTH, WELL-BEING, AND SAFETY. VISITOR'S ACCEPTANCE OF RISKS INCLUDES WHOSE THAT ARE KNOWN, UNKNOWN, SUSPECTED, OR UNSUSPECTED, AND THAT ARISE OUT OF, RELATE TO, OR ARE CONNECTED WITH THE VISIT AND THE ACTIVITIES, EVEN IF CAUSED PARTLY OR ENTIRELY BY THE NEGLIGENCE OF A RELEASED PARTY OR PARTIES. RELEASE, WAIVER, AND INDEMNIFICATION. BY SIGNING THIS RELEASE, VISITOR (FOR VISITOR AND FOR EACH RELEASING PARTY (DEFINED BELOW)) FULLY AND FINALLY RELEASES, EXONERATES, AND DISCHARGES RELEASED PARTIES (AND EACH OF THEM) FROM AND WAIVES ANY CLAIM (DEFINED BELOW) ARISING FROM THE NEGLIGENCE OR FAULT OF RELEASED PARTIES FOR ANY BODILY INJURY, DEATH, DISABILITY, PARALYSIS, PROPERTY DAMAGE OR THEFT, OR OTHER LOSS OF ANY KIND CAUSED BY OR ARISING FROM VISITOR'S VISIT TO AND ACTIVITIES AT SCHNEIDER MEADOWS. VISITOR FURTHER AGREES TO INDEMNIFY AND DEFEND RELEASED PARTIES AND HOLD THEM HARMLESS FROM ANY CLAIM ASSERTED BY ANY THIRD PARTY OR ANY RELEASING PARTY ARISING FROM VISITOR'S VISIT TO AND ACTIVITIES AT SCHNEIDER MEADOWS. INSPECTION AND REPORTING REQUIREMENT; AS-IS. Visitor will first inspect the grounds, facilities, property, and equipment that he will use while visiting Schneider Meadows and participating in the Activities, and if he believes any condition is unsafe at any time he will immediately avoid that condition and refuse to participate. SCHNEIDER MEADOWS AND ANY EQUIPMENT AND FACILITIES ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR THE ACTIVITIES. FITNESS REQUIREMENT. Visiting Schneider Meadows and participating in the Activities may involve rigorous physical exertion. Visitor is in good health and physically and mentally able to visit Schneider Meadows and participate in the Activities; has sufficiently prepared and trained to visit Schneider Meadows and participate in the Activities; has not been advised by any medical professional not to visit Schneider Meadows (or any other location in the wild or at a similar elevation) or to participate in the Activities; and has no health-related conditions precluding visiting Schneider Meadows or participating in the Activities. SAFETY REQUIREMENT. Visitor will comply with all recommended safety precautions, instructions, and procedures, including without limitation wearing a helmet, harness, or other equipment (as applicable). If Visitor has any questions about visiting Schneider Meadows, the Activities, or whether he is physically or mentally capable of visiting or participating, it is Visitor's sole responsibility to do whatever research or make any inquiry that is necessary to make that determination. Released Parties cannot ensure that Visitor will be safe while visiting Schneider Meadows or participating in the Activities. MEDICAL ASSISTANCE AND INSURANCE REQUIREMENT. While visiting Schneider Meadows and participating in the Activities, Visitor will not have available immediate rescue and access to medical facilities or expertise necessary to deal with injuries and damage. Released Parties cannot ensure that Visitor will be rescued or receive competent medical treatment in case of illness or injury. Visitor has current medical insurance coverage and agrees to be responsible for all billings and debts incurred with respect to any medical-related transportation, treatment, hospitalization, or other services. LODGING AND ACCOMMODATIONS. Visitor is solely responsible for—and ASSUMES ALL RISKS associated with—all lodging and accommodations associated with visiting Schneider Meadows. DEFINITIONS. "Activities" means all activities undertaken at and around Schneider Meadows, including among other things climbing, hiking, backcountry skiing, fishing, swimming, boating, horseback riding, mountain biking, stretching, yoga, other exercise activities, and transportation to and from Schneider Meadows and to and from Activities. "Claim" includes any claim, cause of action, demand, suit, loss, obligation, cost, expense, damage, or liability whatsoever (including without limitation attorney and expert fees). "Released Parties" are the owners of Schneider Meadows and their employees, agents, contractors, insurers, suppliers, heirs, and next of kin, and any legal or personal representatives, executors, administrators, successors and assigns. "Releasing Parties" are Visitor and Visitor's spouse, partner, children, parents, guardians, heirs, and next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Visitor’s behalf. CHOICE OF LAW. This Release and Visitor's visit to Schneider Meadows are governed by and to be construed in accordance with the law of Oregon, without regard to conflict-of-laws principles. Any dispute relating to this Release shall be commenced and maintained exclusively in state or federal court located within Portland, Oregon, USA. INTERPRETATION. This Release will be construed broadly to provide release, waiver, and indemnification to the maximum extent permissible under applicable law. If any provision is found to be void, invalid, or otherwise unenforceable as drafted, Released Parties and Releasing Parties intend that the provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If the provision cannot be so amended and construed, it will be severed, and the remaining provisions will remain unimpaired and in full force and effect to the fullest extent permitted by law. ENTIRE AGREEMENT. This Release is the complete understanding between Released Parties and Releasing Parties concerning its subject matter and supersedes any previous or contemporaneous understandings that Releasing Parties may have had with Released Parties on this subject. I CERTIFY THAT I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND THAT BY SIGNING IT I HAVE GIVEN UP SUBSTANTIAL RIGHTS—BOTH INDIVIDUALLY AND ON BEHALF OF RELEASING PARTIES—AND I SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND THIS RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW |
