In consideration of the services of HAMMER DOWN RIVER EXCURSIONS LLC, its guests, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively called HAMMER DOWN), I hereby agree to release and discharge HAMMER DOWN, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in rafting, jet boating, kayaking, sup boarding, hunting, fishing, atv’s, mountain biking, climbing and other outdoor activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to*: (a) Whitewater rapids will be encountered. I can be jolted, jarred, bounced, thrown back and forth and shaken about during rides through these rapids and any other time while on the river. It is possible that I could be injured if I come in contact with other participants, food boxes, storage containers, or other fixed equipment necessary to the operation of the expedition and the outfitting of the boats. Boats could turn over, collide with other boats or obstacles, capsize, sink or I could be “washed” overboard resulting in having to swim rapids risking collisions with obstacles in the water and entanglements in trees. Also prolonged exposure to cold water can result in hypothermia and in extreme cases cause death and accidental drowning. Accidents can occur getting on and off boats or carrying equipment. Boats are slippery when wet. (b) I can slip or fall while hiking or climbing, resulting to damage to equipment or personal injury. Injury to hands, fingers, feet and toes, including but not limited to inflammation and/or strains of muscles, ligaments, and/or tendons, nerve damage or compression, and broken bones can occur from hiking and climbing activities. I can sustain severe injuries to the head, neck, and back which may result in severe physical impairment or even death. (c) I am aware of the significant risk of injury from the activity and weapons used in hunting/fishing, including but not limited to the discharge of weapons, whether accidental or intentional, which can include the potential for permanent disability and death. Hunting/fishing equipment can fail or malfunction. (d) Bicycles and atv’s can turn over or spill which may result in scrapes, bruises, or broken bones leading to impaired health or death. Extremely rough road conditions can cause defects in equipment bringing about accidents that may result in injury or death. (e) Accidents can occur during transportation to and from the trip embarkation point in passenger vans or other conveyance. (f) Exposure to the natural elements can be uncomfortable and/or harmful. I am aware that this exposure could cause frostnip, frostbite, sunburn, dehydration, heat exhaustion, heat stroke, or heat cramps and include exposure to potentially dangerous animals, insect bites, bee stings, snake bites and poisonous plants. I understand fatigue, chill, and/or dizziness, may diminish my/our reaction time and increase the risk of accident. My sense of balance, physical coordination, and ability to follow instructions contribute to my risk in these activities. Wilderness expeditions are a long way from hospitals, doctors, and pain-relieving medicines. Evacuations to modern medical care are uncertain and protracted. (g) I am aware that while staying on property owned or operated by HAMMER DOWN, I risk injury or death arising from or related to unsafe or dangerous premises or conditions within the property or on adjoining properties. (h) Furthermore, HAMMER DOWN guides/employees have difficult jobs to do. They seek safety, but they are fallible. They might be ignorant of a participant’s fitness or ability. They might misjudge the weather, the elements, the terrain, or other environmental conditions. They may give inadequate warnings or instructions, and equipment being used might malfunction. *I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. 2. I expressly agree and promise to accept and assume all risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a US Coast Guard approved life jacket while participating in boating activities. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HAMMER DOWN from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of HAMMER DOWN’s equipment or facilities, including any such claims which allege negligent acts or omissions of HAMMER DOWN. 4. Should HAMMER DOWN or anyone acting on its behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs. 5. I certify that I have adequate health, accident and liability insurance to cover any bodily injury or property damage I may cause or suffer while participating, or else I agree to bear all costs (including evacuation costs) of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in the activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 6. In the event that I file a lawsuit against HAMMER DOWN, I agree to do so solely in the State of Idaho, and I further agree that the substantive law of that state will apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 7. PHOTO RELEASE: Said release shall further assign to HAMMER DOWN all rights to use photographs and videos of me taken relative to said activities including, but not limited to, use in HAMMER DOWN’s brochures, catalogs, media advertisements, poster, videotapes, and the like. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against HAMMER DOWN on the basis of any claim associated with the inherent risks of outdoor activities. I have had sufficient opportunity to read this entire document, I have CAREFULLY read and understood it, and I AGREE TO BE BOUND BY THE TERMS. I understand I have given up substantial rights that I otherwise may have by signing this document and I sign it without any inducement. November 15, 2024
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