Please read this contract carefully. It releases Wilderness River Outfitters & Trail Expeditions, Inc. from liability and waives certain rights.
In consideration of being permitted to rent a backcountry yurt from Wilderness River Outfitters & Trail Expeditions, Inc. (hereinafter “WRO”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that renting a yurt in a backcountry setting from WRO (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certaininherent dangers and risks that cannot be altered, eliminated, lessened, or controlled by WRO, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following list of dangers and risks that could cause physical or emotional injury or death are inherent to the Activity, and that there may be other inherent dangers or risks not listed below: a)Risks associated with yurt rental, including: collapsing yurt; falling into a pit toilet; injury due to use of hatchet or ax; propane explosion; carbon monoxide poisoning; falling, slipping, or tripping from yurt platform; equipment malfunction, including fire or explosion; uncontrolled camp or kitchen fire; kitchen or cooking-related dangers; choking; food-borne bacteria or virus; water-borne bacteria or virus; allergen exposure; and burns or burning associated with woodstoves; b) Risks associated with self-guided backcountry winter travel, including: exposure to dangerous wildlife; exposure to extreme and inclement weather; moving objects associated with extreme weather and wind; temperature fluctuations; extreme or partial darkness; wind; hail; snow; storms and lightning; wildfire; getting lost; lack of readily accessible medical resources or care; poorly executed or failed rescue attempts; failure or lack of communication equipment or cell phone service; slick or uneven walking surfaces; avalanches; snow immersion including falling into a tree well; variations in terrain; existing, changing, or otherwise dangerous snow conditions; exposure to falls off of cliffs or ledges; dangerous skiing or snowboarding conditions or surfaces; dangerously cold temperatures; low visibility or whiteout conditions; difficulty with route finding; exposed or hidden, boulders, rocks, holes, stumps, trees or bushes, and tree roots; collisions with trees and other objects; slipping; tripping; loss of balance; failure to understand and comply with directions; falling objects including rocks or trees; dangerous encounters with snowmobiles or other motor vehicles; lack of shelter; dangerous contact with rescue vehicles or aircraft; exacerbation of existing health conditions; decision errors or negligence of the Participant; fatigue; and all manner of outdoor injuries occurring as a result of the above listed inherent risks, including but not limited to: death, head injury, spinal injury, asphyxiation, suffocation, bone breaks, internal injury, sickness or disease, exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; hypothermia, sunburn, dehydration, hyponatremia, altitude sickness, vertigo, frostbite, windburn, snow blindness and other eye damage; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that WRO has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of renting a yurt in a backcountry setting and engaging in self-guided winter travel.
2. Assumption of Risk: I acknowledge and agree that I am choosing to rent a yurt in a backcountry setting from WRO despite the dangers and risks of doing so, and freely choose to accept the risks of renting a yurt in the backcountry. I recognize that property loss, physical or emotional injury, and death are all possible while renting a yurt in the backcountry. I expressly acknowledge and assume all risks, dangers, and consequences of renting a yurt, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death. I acknowledge and agree that when traveling through the Lost Trail Ski Area, I am responsible for my own safety and maintaining awareness of all motorized travel related to ski area operations.
3. Participant’s Representations and Responsibilities: I represent that I am physically and mentally capable of accessing and utilizing a yurt in a backcountry setting. I understand the importance of all safety instructions given to me, whether in writing, visually, or verbally. Further, I represent that I know how to responsibly and safely use a woodstove, a four-burner propane cooking stove, a propane grill, lanterns, candles and any other potential fire causing or hazardous equipment at the yurt. I represent that I have had the opportunity to both independently research and discuss with WRO the risks of renting a yurt in a backcountry setting and my assumption of those risks. I acknowledge and agree that WRO provides no guiding, instruction, outfitting or other professional services or advice with regard to any recreational activity I may choose to undertake while renting a yurt in the backcountry, and that the yurt rental and equipment is the sole service provided by WRO. I am not relying on any prior oral, written, or visual representations made by WRO, including in any website or promotional materials, to induce me to rent a yurt from WRO. I acknowledge and agree that I am solely responsible for snow removal for the duration of my yurt rental period. I acknowledge and agree that I am responsible for locating the yurt, that maps and GPS coordinates have been provided to me by WRO, and that I have been instructed that using the maps and a GPS to locate the yurt is highly recommended. Further, I acknowledge and agree that I have full responsibility to choose appropriate terrain, operable equipment, and monitor all weather and snow conditions during my stay in the yurt. If I require rescue by emergency response providers and/or search and rescue, I acknowledge and agree that I am solely responsible for coordinating such rescue and for the cost of such rescue. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for WRO’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE WILDERNESS RIVER OUTFITTERS & TRAIL EXPEDITIONS, INC. (“WRO”), its affiliated companies, parents, and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, contractors, and shareholders (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence, recklessness, or willful misconduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, including claims for negligence or any other cause of action except for gross negligence, undersigned will be required to pay back to each and every Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
6. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to stay in the yurt, and sign this document out of a desire to have the Participant be allowed to stay in the yurt. I represent that I am a legal parent or guardian of the minor Participant, and I will indemnify the Released parties for any damage caused to them if this representation is false.
7. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.
8. Agreement to Application of Idaho Law and Selection of Forum: I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity shall be governed by Idaho law,and that the exclusive jurisdiction for any claim shall be in the Lemhi County District Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis. I am knowingly waiving the right to access the courts of the State of Montana, even to the extent any incident giving rise to a claim occurs within the borders of the State of Montana.
9. Miscellaneous Provisions: I agree that WRO may utilize any photographs or videos taken at the yurt during my stay in the yurt rental for any purpose, and that any such image is the property of WRO. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing, and it supersedes and replaces any prior Agreement to Assume All Risks I have signed. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
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.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT. |
