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WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND LIABILITY

The individual named below (referred to as "I" or "me") desires to participate in the tours and tourism activities (the “Activity”) conducted and, otherwise, performed and provided by Waterhole Canyon Experience, LLC (“WCE”) (the "Activity") at and around Waterhole Canyon in LeChee, Navajo Nation.  In consideration of being permitted by WCE to engage in the Activity and the intangible value that I will gain by and from participating in the Activity, and in recognition of the WCE's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Waiver and Release").

1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and, or otherwise, property damage.  I am also aware of the highly contagious nature of bacterial and viral diseases, including, COVID-19 and other infectious diseases (collectively, the "Disease") and the risk that I may be exposed to or, otherwise, contract the Disease by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and, or otherwise, property damage or losses.  I acknowledge that these risks may result from or, otherwise, be compounded by the actions, omissions, or negligence of WCE’s employees, the Navajo Nation, or others, including, other persons engaging in the Activity and negligent emergency response or rescue operations.  I understand that, while WCE and the Navajo Nation have implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, neither WCE nor the Navajo Nation can guarantee that I will not be injured or become infected with the Disease due to my participation in the Activity and I understand and acknowledge that engaging in the Activity may increase my risk of contracting the Disease.  NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED.  I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND, OR OTHERWISE, PROPERTY DAMAGE AND LOSSES ARISING FROM THE ACTIVITY AND, OTHERWISE, MY VOLUNTARY PARITCIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF WCE, THE NAVAJO NATION, OR OTHERWISE. 

2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Navajo Nation, WCE and its affiliates, officers, directors, managers, employees, personnel, agents, and representatives (collectively, "Releasees"), on account of injury, illness, disability, death, property damage, or losses arising out of or, otherwise, attributable to the Activity and, otherwise, my participation in the Activity, whether arising out of the ordinary negligence of WCE, the Navajo Nation, or any Releasees or otherwise.  I covenant not to make or bring any such claim against WCE, the Navajo Nation, or any other Releasee, and forever release and discharge WCE, the Navajo Nation, and all other Releasees from liability pursuant to any and all such claims.

3. I confirm that I am: (a) in good health, in proper physical condition for the Activity, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Disease, do not have a confirmed or suspected case of the Disease, have not come in contact in the last fourteen (14) days with a person who has been confirmed to have or suspected of having the Disease, and do not have reason to believe that I may be infected with the Disease.  I will comply with all federal, Navajo Nation, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social practices, and use of face coverings and other safety equipment.  I will also follow all instructions, recommendations, and cautions of WCE at all times during the Activity.  If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.

4. I shall defend, indemnify, and hold harmless WCE, the Navajo Nation, and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, attorneys’ fees and any other fees and costs of enforcing any right to indemnification created and existing pursuant to this Waiver and Release, and the cost of pursuing any insurance providers incurred by WCE, the Navajo Nation, or any other Releasees arising out of or, otherwise, resulting from any claim of a third-party related to my participation in the Activity, including, any claim related to my own negligence or the ordinary negligence of WCE, the Navajo Nation, or the Releasees.

5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity.  I understand and agree that I am solely responsible for all costs and expenses for and, otherwise, related to such medical treatment and any related medical transportation or evacuation.  I hereby release, forever discharge, and hold harmless WCE, the Navajo Nation, and the other Releasees from any claim based on such treatment or other medical services.

6. This Waiver and Release constitutes the sole and entire agreement of WCE and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.  If any term or provision of this Waiver and Release is invalid, illegal, or unenforceable in any jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver and Release or, otherwise, invalidate or render unenforceable such term or provision in any other jurisdiction.  This Waiver and Release is binding on, and shall inure to the benefit of, WCE, the Navajo Nation (as a third-party beneficiary), the Releasees, and me and our respective successors and assigns.  All matters arising out of or, otherwise, relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the Navajo Nation without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).  Any claim or cause of action arising out of, under, or pursuant to this Waiver and Release may be brought only in the courts of the Navajo Nation and I hereby consent to the exclusive jurisdiction of such courts.

7. As further acknowledgment of my understanding and knowing, voluntary agreement set forth herein and the import of this Waiver and Release, I understand and agree that: WCE and, otherwise, the Navajo Nation are not responsible for any injuries, accidents, thefts, or losses of any kind, whatsoever, during my visit; I assume all risk, liability, and responsibility for any and all injuries, accidents, thefts, and losses of any kind, whether personal or to property, that may occur during voluntary participation in the Activity and, otherwise, associated with the Activity; I release and, otherwise, discharge WCE, the Navajo Nation, and the Releasees from any responsibility or liability whatsoever; I knowingly and voluntarily waive any and all potential claims against WCE, the Navajo Nation, and, otherwise, the Releasees associated with performance of the Activity and my voluntary participation in the Activity; further, I agree to indemnify and hold harmless WCE, the Navajo Nation, and the Releasees for any liability or loss incurred during or, otherwise, in association with my voluntary participation in the Activity; and my execution of this Waiver and Release set forth below evidences my agreement to the forgoing and is provided on behalf of myself, my family members, personal representatives, executors, administrators, and any similar persons with whom I may be associated.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, THE RIGHT TO SUE WCE, THE NAVAJO NATION, AND THE RELEASEES. 

March 28, 2024

First Participant's Name

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I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

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Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

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Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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I am the parent or legal guardian of the minor named above or, otherwise, set forth below. I have the legal right to consent and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability.


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

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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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