RECREATIONAL EQUIPMENT USE AGREEMENT In consideration of the use of recreational equipment furnished by RAD Property Management, LLC at Glacier Bear Cabin (hereafter collectively referred to as “GBC”), the undersigned acknowledges and agrees as follows: WARNING. There are significant elements of risk in any sport or activity associated with water, including but not limited to risks inherent in using canoes, kayaks, paddle boards, rafts, and tubes, and the use of related equipment. These risks are inherent in the water sports and may be present even if the equipment is used properly and in calm water. There are also risks associated with the land activities, including but not limited to wild animals, unimproved roads, rugged trails and off-trail terrain, including boulder fields, frozen or partially frozen lakes downed timber, rivers, rapids, river crossings, open water, high mountain passes, snow and ice, steep slopes and rock cliffs, including avalanche prone areas, scree and talus slopes, slippery rocks and steep crevassed glaciers. Risks associated with recreational equipment use includes but is not limited to striking or being hit by a moving object or moving vehicle, tipping, capsizing, falling, overturning, or drowning and other risks usually associated with use of recreational equipment. Environmental risks include loose, falling and rolling rock; lightning, extreme winds, fire, exposure to intense heat or bitter cold; snow, rock, ice avalanches, mass movement of earthen material, falling timber and forces of nature, including weather which may suddenly change to extreme conditions without advance warning; flash floods, deep and/or cold water; insects, snakes, and predators, including large animals. Possible injuries and illnesses include, without limitation, hypothermia, frostbite, immersion foot, high altitude illnesses, sunburn, heatstroke, thermal burns, dehydration, stomach and intestinal disorders, sprains, strains and fractures, cuts, scrapes and other wounds and trauma to the head and body, and other mild or serious conditions including permanent trauma. disability or death. Despite reasonable care, maintenance and use, equipment (including items essential for the safety of the user) may fail, malfunction, or fail to perform to manufacturer's standards or cause injury. Hiking poles have sharp graphite tips to improve grip on rocky surfaces. These tips may cause injury if misapplied to the human body. Bicycle tires and pressurized flotation devices may rupture causing injury. Batteries used to power recreational devices may ignite causing injury or burns to the human body. The undersigned acknowledges that these factors, as well as other foreseeable or unforeseeable factors or circumstances, may result in a RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLY DEATH. ASSUMPTION OF RISK: By executing this Agreement, the undersigned expressly assumes all risks that arise from the use of GBC's equipment, on behalf of themselves and their minor children (if any), including but not limited to risks arising from the hazards outlined above, the acts or omissions of others, and any other foreseeable or unforeseeable factors or circumstances related to the use of the equipment. The undersigned assumes all risks of injury, wrongful death or property damage arising from the use of the equipment, including all risks associated with securing the equipment to a vehicle and driving with the equipment secured to a vehicle. ACKNOWLEDGMENT OF RULES: The undersigned acknowledges that they have read and understood all of the risks relating to the use of the GBC recreational equipment, and agree to abide by the following rules: Recreational equipment and use is for Registered Guests only. Registered Guests are not allowed to give access to equipment to third parties or persons who are not Registered Guests. Registered Guests, knowing that recreational equipment activity is unsupervised, are required to inspect and notify property management of mechanical or safety issues prior to using the equipment. Registered Guests should not use recreational equipment that appears to have any mechanical or safety issues. Pumps and gauges are provided to perform safety checks on inflatable devices before and during use. Registered Guests agree to wear a properly fitted and fastened U.S. Coastguard approved flotation device (life jacket) while aboard a boat or paddleboard, and to ensure that all other Registered Guests that they allow to use the GBC equipment will do the same. Registered Guests agree to wear a properly fitted and fastened helmet while on bikes provided by GBC, and to ensure that all other Registered Guests that they allow to use the GBC equipment will do the same. I understand and agree that biking, hiking, canoeing, kayaking, and paddleboarding should only be undertaken after proper instruction and training, and that GBC is not providing such training in connection with the use of equipment. I understand and agree that the water recreational equipment at provided by GBC is only to be used on flat water lakes, and is specifically NOT to be used on rivers or other flowing waterways. I understand that the recreational equipment may not be used by any person who is under the influence of drugs or alcohol. PHYSICAL CONDITIONS AND SKILLS. The undersigned represents that they and their minor children (if any) have the requisite skills, physical abilities, and mental abilities necessary for proper and safe use of the recreational equipment, and they will ensure that they only allow the recreational equipment to be used by persons with the necessary skills and abilities. RELEASE AND WAIVER. On behalf of themselves and their minor children (if any), the undersigned hereby releases, discharges, waives, disclaims and relinquishes all claims, actions or causes of action against GBC and its officers, owners, members, employees and agents, and agrees not to sue them on account of or in conjunction with any claims, causes of action, injuries, damage, costs or expenses arising out of the use of the equipment. provided, however. To the fullest extent allowed by law, and as additional consideration and inducement for GBC to allow Registered Guests to use the recreational equipment, the undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims that the person giving the release does not know of or suspect at the time of executing the release. INDEMNIFICATION. The undersigned agrees to indemnify and defend GBC, and its owners, members, officers, employees and agents, and hold them harmless from any and all claims, causes of action, judgments, costs or expenses, including attorney fees, which in any way arise from the use of the recreational equipment. In particular, the undersigned agrees to indemnify and defend GBC from any claims brought by any person or entity arising from the use of the GBC recreational equipment by any person or entity that the undersigned allows to use the recreational equipment. PROPERTY DAMAGE. The undersigned agrees to pay for any and all losses or damages to the recreational equipment. This includes any losses or damages that may not have been caused by the undersigned, but instead caused by other Registered Guests during the undersigned’s stay at the GBC property. REPRESENTATIVES. The undersigned has executed this Agreement on behalf of themselves, their minor children (if any), and their heirs, successors, assigns and legal representatives. MEDICAL INSURANCE. The undersigned understands that GBC does not carry participant insurance to cover medical expenses incurred by users of the Recreational Equipment. The undersigned acknowledges that they either have appropriate medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on their behalf. JURISDICTION AND VENUE: Any dispute between myself and GBC shall be governed solely by the laws of the State of Montana, and any suit shall occur or be filed only in the Montana state courts of Flathead County, Montana. If the parties to this agreement have a legal dispute which cannot be settled amicably by negotiation, the parties will attempt to settle the dispute through mediation before a mutually acceptable mediator whose name appears on the registry of names recognized by Montana courts as qualified persons for mediation assignments. The parties agree that the venue for any action or proceeding arising from or incident to this agreement shall be exclusively in Flathead County, Montana. ACKNOWLEDGMENT. The undersigned has read and understands this Agreement, realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, and enters into this Agreement freely and voluntarily. The undersigned understands that GBC is relying on these statements in allowing Registered Guests to use its recreational equipment. This writing, including any addendum attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matters hereof; and no statement, representation or promise with reference to this Agreement shall be binding upon either of the parties unless in writing and signed by both GBC and the Registered Guests. In the event that any provision of this waiver is deemed unenforceable, that provision shall be severable from the rest of the waiver and rental agreement. The remainder shall be enforceable to the full extent of the law. By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. April 19, 2024
|
