In consideration of the services of Moab Scenic Adventures, LLC, their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “ Moab Scenic Adventures”) I agree as follows: Although Moab Scenic Adventures 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, Moab Scenic Adventures 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.Moab Scenic Adventures 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. Riding in a 4x4 Vehicle. Swimming along rocky and sandy shores. Hiking and walking on trails and rocky ridges with steep and slippery terrain. Careless or reckless behavior of participants or third parties. 1.Accidents can occur getting in and out of the vehicle: a. I might damage or lose equipment such as cameras, glasses, a canteen or daypack, or I might injure myself by falling against some object in the vehicle or on the ground. b. Vehicles get hot in the sun, I might burn myself when I climb aboard or lean against the vehicle. 2.Accidents can occur while hiking away from the vehicle: a. trails are often steep, rocky, and/or slippery b. some hikes involve crossing streams, where footing can be awkward; c. I can slip or fall during a hike, resulting in injury or death; d. ropes, knots and anchors may fail and falls may occur; e. poisonous or dangerous plants, insects, or animals can be encountered, with harmful effects such as bites, illness, shock, or death; f. movement of rocks, soil or trees could hurt me. 3. Exposure to the natural elements can be uncomfortable or harmful. Heat, sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, lightening, living outdoors, using portable toilet facilities, eating meals out-of-doors, being in the open for the extended length of the trip can cause discomfort or injury. Meals are prepared over gas stoves and open fires. Camping risks, dangers and hazards include burns, cuts, diarrhea and flu-like illnesses. Water requires disinfection before use. 4. Vehicles can malfunction, come to sudden stops, experience impact, slide or roll. Equipment can break down in remote areas. 5.The planned itinerary may be changed on account of weather conditions, equipment problems or natural disasters, creating travel delays. 6. Guides have difficult jobs to perform. They are not infallible. They must make decisions, usually in a wilderness setting, based on a variety of perceptions and evaluations which are imprecise by their nature and subject to errors in judgment. They might be unaware of my fitness or abilities. They might misjudge the terrain, water, weather or other environmental conditions. They may give incomplete warnings or instructions. Equipment may fail or malfunction despite reasonable maintenance and use. The presence of a guide or other staff is absolutely no assurance of safety or the lessening of risks inherent in or integral to the activity. 7. I might suffer mental anguish or trauma from my injuries, or someone else's injuries or the experience. I understand that Moab Scenic Adventures is not a common carrier and reserves the right to refuse or terminate participation for anyone for reasons of a participant's safety or the safety, comfort or well-being of other participants. 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 have reviewed the information provided to me by Moab Scenic Adventures and I acknowledge that the staff of Moab Scenic Adventures has been available to more fully explain to me the nature and physical demands of this activity and the inherent and other risks, hazards, and dangers associated with this activity. I am aware that this activity 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 from other activities and that I have responsibilities as a participant. I acknowledge that the staff of Moab Scenic Adventures 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. |