The below designated individual (the “Guest”) desires to book one or more activities (collectively and individually an “Activity”) with Bennett Mounain Outfitters LLC, an Idaho limited liability company (“Outfitter”). Outfitter provides recreational access to Idaho’s mountains, rivers, and streams, and Guest understands there are inherent risks in the recreational activities provided by Outfitter, including the Activity, which risks are essentially impossible to eliminate by Outfitter and its guides. Therefore, in consideration of Outfitter agreeing to provide the Activity to Guest, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guest agrees to the terms and conditions of this Waiver and Release Agreement (“Agreement”).
This Agreement shall be executed and delivered by electronic execution and transmission. Guest agrees electronic execution and delivery shall be deemed to have the same legal effect as execution and delivery of an original signed copy of this Agreement.
Guest acknowledges the Activity conducted by Outfitter and its guides is hazardous to Guest regardless of all feasible safety measures which can be taken. Guest shall have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by Outfitter. Guest shall have a duty not to: (a) Do any act which shall interfere with the running or operation of Outfitter’s or its guide’s activities; (b) Use any of Outfitter’s or its guide’s equipment or facilities or services if Guest does not have the ability to use such facilities or equipment or services safely without instructions until Guest has requested and received sufficient instruction to permit safe usage; (c) Engage in any harmful conduct, or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person; (d) Embark on any self-initiated activity without first informing Outfitter or its guide of Guest intentions and receiving permission from Outfitter or its guide to engage in such self-initiated activity; and (e) Follow all policies, rules, directions and guidance of Outfitter and its guides.
Guest acknowledges and assumes full responsibility for his/her safety when participating in the Activity and all other activities involving Outfitter, or its members, managers, guides, representatives, employees, landowners (including the landowner’s employees, contractors, occupants and invitees) and assigns, and each of them (hereinafter jointly and severally referred to as “Releasees”). Guest further understands that Guest participates in the Activity and all activities involving Outfitter and/or the Releasees at his/her own risk. Guest does irrevocably, personally and for his/her heirs, assigns and legal representatives, release and waive any and all past, present or future losses, claims, demands, damages, costs, fees, expenses, liabilities and causes of action which Guest now has or may in the future have against Outfitter and/or the Releasees for any and all past, present or future loss of or damage to property, and/or bodily injury, including death, however caused, including negligence or otherwise, resulting from, arising out of or in any way connected with the Activity, any activities involving or associated with Outfitter and/or Releasees, or the use or occupation of facilities, land or equipment owned, rented, licensed, guided over or otherwise provided by Outfitter and/or Releasees. The foregoing shall not apply to a released party to the extent that any such losses, claims, demands, damages, costs, fees, expenses, liabilities and causes of action are finally determined (by a court of competent jurisdiction and after exhausting all appeals) to have resulted from the gross negligence or willful misconduct of such released party or, if the Claim arose from activities requiring an outfitter’s or guide’s license in accordance with chapter 21, title 36, Idaho Code, as to Outfitter and its guides, a breach of a public duty placed on Outfitter and its guides by chapter 21, title 36, Idaho Code, and by the rules properly promulgated by the Idaho outfitters and guides board created by chapter 21, title 36, Idaho Code. Notwithstanding any provision in this Agreement to the contrary, in no event shall Outfitter or the Releasees be liable for any lost profits or consequential, special, indirect, exemplary, or punitive damages, even if it/they shall have been advised of the possibility of such damages.
Guest agrees (1) to indemnify and to hold harmless Outfitter and Releasees (Outfitter and each of such persons is hereinafter referred to as an “Indemnified Party”), to the full extent allowed by law or equity, from and against any and all judgments, losses, claims, demands, damages, costs, fees, expenses or liabilities, joint or several, related to or arising out of this Agreement, the Activity, any activities involving or associated with an Indemnified Party, or the use or occupation of facilities, land or equipment owned, rented, licensed, guided over or otherwise provided by an Indemnified Party, or any actual or threatened claim, litigation, investigation, proceeding or action in any court or before any regulatory, administrative or other body relating to any of the foregoing (hereinafter referred to collectively as a “Claim”), and (2) to reimburse, upon request, an Indemnified Party for all legal and other costs, fees and expenses as they are incurred in connection with investigating, preparing or defending a Claim, whether or not such Indemnified Party is ever made party to any legal proceedings and whether or not such Claim arose or relates to circumstances occurring before or after the date hereof; provided, however, that indemnification in respect of any Claim shall not be required to be paid to an Indemnified Party to the extent that such Claim is finally determined by a court of competent jurisdiction (after exhaustion of all appeals) to have resulted from the gross negligence or willful misconduct of such Indemnified Party or, if the Claim arose from activities requiring an outfitter’s or guide’s license in accordance with chapter 21, title 36, Idaho Code, as to Outfitter and its guides, a breach of a public duty placed on Outfitter by chapter 21, title 36, Idaho Code, and by the rules properly promulgated by the Idaho outfitters and guides board created by chapter 21, title 36, Idaho Code.
Guest hereby grants to Outfitter an irrevocable, non-exclusive, transferable, royalty-free, worldwide, perpetual license to reproduce, display, transmit, distribute and create derivative works based on any photos, videos or descriptions of Guest, the Activity, any activities involving or associated with Outfitter or its guides, or media with the tag #BennettMountainOutfitters through all media now known or hereafter developed for any purpose.
If the Guest identified above is under the age of 18, the person signing this Agreement on behalf of the minor represents and warrants he/she is the parent or legal guardian of the Guest, consents to the terms and conditions of this Agreement on behalf of the Guest and agrees to be personally bound to the terms of this Agreement.