DISCLOSURE OF HAZARDS AND DANGERS Salmon River Lodge strives to provide you with a safe and enjoyable experience. However, bodies of water (including rivers, creeks, and lakes), riding horses and mules, being around horses and mules, fishing, boating, swimming, hiking, being in the barn, stable, and other out-buildings, being around machinery, equipment, and other objects found at the lodge including sports equipment and games, and participating in activities on the lodge property and backcountry by their very nature include risks of serious injury or death. HAZARDS AT THE LODGE and some conditions of nature may pose a risk to your safety while hunting or participating in another activity, or while just being on the Salmon River Lodge property. These hazards include but are not limited to: exposure to outdoor elements including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, wind, temperature and all other weather conditions; risk of cold and heat related injuries including but not limited to frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia, dehydration, fatigue, chill, dizziness; attack by or encounter with wild and domestic animals, insects and reptiles (including snakes) that walk, run, fly nearby, bite or sting an animal or person; irregular footing on wild land or on natural or groomed surfaces inside or outside of buildings. Additional hazards include bodies of water such as rivers, creeks, and lakes, poorly maintained fences, loose or strung barbed wire, machinery and equipment, hand and power tools, holes, bridges, culverts, bumps, logs, snags, stumps, branches, and bushes on, off, or along the side of trails or in other areas on and off of the Salmon River Lodge property. All these conditions are subject to constant change according to season, weather, time of day or night, and use by man or animal. This is not a complete listing of the possible hazards that may be encountered at the Salmon River Lodge, its property and the surrounding area. MY OWN NEGLIGENCE AND/OR THE NEGLIGENCE OF ALL OTHERS including employees, agents, independent contractors or representatives of Salmon River Lodge, and other guests. RISKS ASSOCIATED WITH BEING ON AN OUTDOOR-BASED TRIP WITH OTHER PARTICIPANTS AND RELYING ON GUIDES including: mentally or physically unstable or criminal trip participants; negligence by trip participants; all manner of outdoor injuries including brain injury, spinal injury, bone breaks, burns, internal injury, sickness or disease, exposure to airborne pathogens and viruses, including but not limited to contraction of Covid-19; hypothermia, sunburn, frostbite, heatstroke, dehydration, hyponatremia, and altitude sickness; getting lost; errors in guide judgment or lapse in guide skill; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure or lack of communication equipment; and inadequate or malfunctioning equipment. RISKS ASSOCIATED WITH JET BOATING include those described in the “swimming, boating, and being around or in water” section above. Further, jet boating involves spins, splashes, bumps, jolts, and high speeds that may occur at any time without further warning to you, creating further risk of injury. Therefore, not everyone should ride. You must decide for yourself and for your children whether a fast and active ride in a dynamic environment is appropriate. Salmon River Lodge cannot and does not guarantee your safety. WARNING: JET BOATING IS NOT RECOMMENDED FOR PEOPLE WITH PREEXISTING CONDITIONS INCLUDING BUT NOT LIMITED TO WEAKNESS OR MEDICAL CONDITIONS INVOLVING THE NECK, BACK OR HEART. JET BOATING IS NOT RECOMMENDED IF YOU ARE PREGNANT, FOR INFANTS, OR FOR VERY YOUNG CHILDREN. RISKS ASSOCIATED WITH SWIMMING, BOATING, AND BEING AROUND OR IN WATER such as falling into water; water immersion including drowning; being thrown into unfamiliar water with submerged hazards; jolting or jarring resulting in contact with hard objects including rocks and boating equipment or other participants; injurious contact with natural and manmade submerged objects; injurious contact with your own paddle or that of other participants; capsizing boats; collisions with jet boats; becoming tangled in ropes; getting trapped or caught beneath an overturned boat; foot entrapment; trapped limbs; striking and/or becoming entangled with strainers or other objects under the surface of the water; motorized equipment malfunctions, including fire or explosion; hypothermia; physical overexertion; mental or physical shock; boating equipment malfunction; slipping, tripping or falling around or from boats; burning associated with hot surfaces and sun; and errors in guide judgment, or lapse in guide skill. RISKS ASSOCIATED WITH HORSES AND CATTLE and equine activities as horses are much bigger, faster, and stronger than a person and have minds of their own. No horse is a completely safe horse. Without warning they can run, kick, buck, bite, bump, shy, stumble, rear, trample, fall, jump, butt, step on a person's feet, and make unpredictable movements, all without warning or apparent cause. RISKS ASSOCIATED WITH HIKING AND TRAIL RUNNING including rough trail; unmarked obstacles; collisions; slipping, tripping, or falling. RISKS ASSOCIATED WITH EQUIPMENT FAILURE and/or malfunction of my own or others’ equipment. All boats and river equipment, saddles, bridles and horse riding equipment, and hunting equipment may break or malfunction which may cause the participant to be at risk. RISKS ASSOCIATED WITH TRANSPORTATION and activities related to transport by a motor vehicle or aircraft or jet boat including all commonly understood risks of riding in a vehicle or other motor-operated machines; risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; risks associated with approaching, entering, and riding in aircraft; risks associated with recreating near and around swift water; and lapse in driver, guide or pilot judgment or skill. RISKS ASSOCIATED WITH CAMPING OR EXTRACURRICULAR ACTIVITIES including: slipping, tripping or falling; allergen exposure; exposure to dangerous wildlife or insects; snake bites; bodily failure while carrying heavy objects; falling or slipping into the river while on shore; injurious contact with your own fishing equipment or that of other participants; flying man-made objects such as balls, frisbees, gear, or equipment; exposure to fishing hooks and lines; falling trees; moving objects associated with extreme weather; hail; lightening; flash flood; temperature fluctuations; extreme or partial darkness; wind; hail; storms and lightning; campfire burns; wildfire or uncontrolled camp or kitchen fire; food-borne bacteria or virus; water borne bacteria or virus; kitchen or cooking related dangers; exposure to food allergens; landslides; rock-fall; mudslides; mental or physical shock; burns or burning associated with campfires, hot surfaces, and sun exposure; overexertion; fatigue; dizziness or disorientation; diminished reaction time; and dangerous water crossings. MY AGREEMENT TO ASSUME ALL RISK, RELEASE LIABILITY, INDEMNIFY, AND WAIVE ALL CLAIMS I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as Salmon River Lodge: Salmon River Lodge, 7k Metals, Josh Anderson, Zach Davis, Reed Denning, Jared Anderson, Amy Taylor, Emily Lohmeier, Cherie Warren, William Salo, Ian Harmon and/or Stetson Page. ASSUMPTION OF RISK: I, herein also referred to as the Participant, acknowledge and agree that I am choosing to take part in all Activities despite the dangers and risks of doing so, and freely choose to accept the risks of participating in all Activities. I recognize that property loss, physical or emotional injury, and death are all possible while participating in all Activities. I expressly acknowledge and assume all inherent risks, dangers, and consequences of all Activities, including but not limited to those risks, dangers, hazards, and consequences set forth in this document that may result in physical or emotional injury, property damage, or death. I understand that Salmon River Lodge has done its best to list the known risks of participating in the activities, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in all Activities prior to my participation and signing this waiver. INDEMNITY AGREEMENT: I agree to indemnify, defend, save and release Salmon River Lodge, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for death, personal injury, property damage, disability, illness, disease, or damage to me or to spectators or other third parties arising from ANY active OR passive negligence of Salmon River Lodge or otherwise, unless prohibited by law. Should Salmon River Lodge or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. PARTICIPANT’S RESPONSIBILITIES AND REPRESENTATIONS: I represent that I am physically and mentally capable of participating in all Activities. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all guide, including hunting professionals, instructions at all times while engaging in all Activities. Further, I represent that I have had the opportunity to both independently research and discuss with Salmon River Lodge the risks of participating in all Activities and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in all Activities. I acknowledge the increased risk associated with engaging in an equine activity including just being around horses and mules, whitewater, river, and boating activities. Salmon River Lodge is NOT responsible for total or partial acts, occurrences, or elements of nature that can affect the outcome of any Activities or the safety of participating in all Activities. SOME EXAMPLES ARE: thunder, lightening, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, bite and/or sting an animal or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I understand that I am responsible for truthfully disclosing and notifying Salmon River Lodge of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that, in the event I choose to consume alcohol during my trip, I will bear sole responsibility for myself and for any damages I may cause to Salmon River Lodge, its property or to other guests. Should my actions cause injury or damage of any kind, I and/or my own personal liability shall pay for such damages. By entering into this Agreement, I am not relying on any oral or written representation or statements made by Salmon River Lodge, other than what is set forth in this Agreement. MEDICAL AUTHORIZATION: I hereby: 1) authorize Salmon River Lodge to undertake any emergency medical care for me; 2) authorize Salmon River Lodge and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, Salmon River Lodge shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold Salmon River Lodge harmless from any claims associated with such medical care and/or related transportation. 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 participate in all Activities, and sign this document out of a desire to have the Participant be allowed to participate in all Activities. I represent that I am a legal parent or guardian of the minor Participant. 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, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant. AGREEMENT TO APPLICATION OF IDAHO LAW AND SELECTION OF FORUM: I agree that any and all claims for injury and/or death arising from my participation in all Activities shall be governed by Idaho law, and that the exclusive jurisdiction for any claim shall be in the Bonneville County, Idaho Circuit Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis. MISCELLANEOUS PROVISIONS: I agree that Salmon River Lodge may utilize my photograph, or video of me participating in all Activities for any purpose, and that any such image is the property of Salmon River Lodge. 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. 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. I agree that any subcontractors or other vendors utilized by Salmon River Lodge during or incidental to all Activities are solely responsible for injury that occurs to me while I am in their care, except for any injury that results from the negligence of Salmon River Lodge, and that Salmon River Lodge is not in a joint venture with any such vendor or subcontractor. I agree that Salmon River Lodge is not a common carrier. I NOW WAIVE ALL CLAIMS against releasee for ANY damage rising from my participation in activities provided by or associated with Salmon River Lodge. I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT ELECTRONICALLY OR OTHERWISE AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, AND HAVE TAKEN MY OPPORTUNITY TO ASK ANY QUESTIONS OR TO REQUEST ANY CLARIFICATIONS, AND HAVE HAD MY QUESTIONS ANSWERED. HEADGEAR FOR HORSE RIDING IS RECOMMENDED AND PROVIDED By Refusing a helmet I understand that I have been fully warned and advised by Idaho Outfitters Inc of the risks of injury or death by not wearing a helmet. RIVER SAFETY EQUIPMENT IS REQUIRED AND PROVIDED AND I AGREE THAT: - I will wear headgear while rafting class IV+ whitewater.
- I will wear a life jacket while in the river at all times.
- I understand that I have been fully warned and advised by Salmon River Lodge of the risks of injury or death by not wearing a helmet or a life jacket when required. I take full responsibility for complying with these requirements and understanding the risks of not using or incorrectly using the provided safety equipment.
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