This Waiver is a complete waiver and release of all liability of Huckleberry, LLC (“Company”) related to the Raven’s Nest Hut (“Property”) and related Activities (defined below). By signing this Wavier, I, the undersigned person, understand and consent to the following: 1. Assumption of Risk. I understand and acknowledge that backcountry and wilderness travel and activities are inherently dangerous. By traveling to and being at and around the Property, including by traveling on or in any vehicle provided by Company or its owners or agents (collectively, the “Activities”), I accept all related risks. I understand that the Activities involve acute hazards and dangers. I am participating in the Activities at my sole risk. I expressly assume all risks of illness and injury, including death, and all related damages which may occur in connection with my participation in the Activities, regardless or my or Company’s action, inaction, or negligence. I acknowledge that participation in the Activities includes inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and incidents. These risks include, but are not limited to, those caused by terrain, conditions, temperature, altitude, weather, snow, ice, rock, water, animals, physical conditioning, and actions of other people including, but not limited to, other participants and Company personnel. I understand that the Activities may be dangerous and could cause bodily harm, illness, injury, or death to myself and/or others. I agree that I am not in any way required to participate in the Activities but am choosing to do so of my own free will. I agree to assume all the foregoing risks and accept full responsibility for all damages related to the Activities. 2. Fitness Certification. I certify that I am in good health and suffer from no physical or mental injury, illness, or disability that would make me susceptible to any risk related to the Activities. I certify that there are no health-related reasons or problems which preclude my participation in the Activities. 3. Release. I forever release, waive, discharge, and agree not to sue the Company and all its owners, managers, officers, directors, agents, employees, contractors, volunteers, successors, and assigns (collectively, “Company Parties”) for any and all claims, demands, losses, damages, liabilities, suits, actions, and expenses (including, without limitation, reasonable attorneys’ fees) on account of any bodily injury, death, or property or personal damage occurring in connection with the Activities. 4. Emergency Medical Care. In the event of any injury, I consent to any and all emergency medical care and transportation the Company and/or its authorized agents or representatives may deem appropriate. This release and waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency. 5. Company Rules and Equipment. I agree to at all times comply with all rules and policies set forth by Company as they pertain to the Activities. I acknowledge and agree that these rules and policies are for the protection and safety of me, Company personnel, and other participants. I will follow all directions and instructions of Company personnel in connection with the Activities. I agree to take all due care in connection with Company equipment, not to damage or destroy any Company equipment, and to compensate Company for any damage I cause to any Company equipment. 6. Indemnification. I, on behalf of myself and my heirs, successors, and representatives, hereby indemnify, defend, save, release, hold harmless, and promise not to sue the Company Parties for, from, and against any and all losses, claims, demands, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and costs, related to the Activities or this Waiver and the breach thereof, other than due to the gross negligence or intentional misconduct of Company. 7. Group. If I am a group leader, I make execute this Waiver and release the Company Parties on behalf of all members of my group participating the in Activities, including minors.
8. Disclaimer. All products and services in connection with the Activities are provided “as is,”without warranty of any kind. Company hereby disclaims all warranties with respect thereto, express, implied, orstatutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and accuracy. The disclaimers set forth in this section supersede any and all oral or written statements, promises, information, advice, suggestions, demonstrations, or recommendations given by the Company Parties. 9. Limited Liability. I acknowledge that the Company Parties will not be liable to me or any third party for any indirect, special, consequential, exemplary, or incidental damages related to the Activities. The Company Parties are not responsible for any technical, hardware, software, or equipment malfunction, nor any occurrence beyond Company’s reasonable control, and I hereby release the Company Parties of any liability therefor. 10. Entire Agreement. This Waiver constitutes the entire agreement between me and Company with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, oral or written, express or implied, between me and Company regarding said subject matter. I have read this Waiver fully and completely. I understand and accept all the terms of this Waiver. No amendment, change, or modification of this Waiver will be valid unless in writing signed by the me and the Company. This Waiver will be governed by the laws of the State of Colorado and I submit to the exclusive jurisdiction of the courts in Denver, Colorado. No term or provision hereof will be deemed waived unless such waiver is in writing signed and dated by the party claimed to have waived. If any portion of this Waiver is deemed legally invalid or unenforceable, that portion will reformed to make it enforceable, and the rest of this Waiver will remain in full force and effect. No modification, amendment, waiver, termination, or discharge of any portion of this Waiver shall be binding unless executed and confirmed in writing by Company. This Waiver will be effective and binding on me in any digital format, including if I click to agree to these Terms. By signing below, I understand and agree to all the terms and conditions of this Waiver. paste the body of your waiver here. |