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AGREEMENT TO ASSUME ALL RISKS

Please read this contract carefully. It is a legally binding agreement.

 

In consideration of being permitted to rent a hut from Sun Valley Trekking, LLC, d/b/a Sun Valley Mountain Huts, (“SVT”), 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 hut in a backcountry setting, which experience may entail self-guided backcountry travel, backcountry porter services, and related transport by SVT (hereinafter the “Activities”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Idaho Recreation Act (I.C. § 6-1201, ID ST § 6-1201) and that participating in the Activities involves certain inherent dangers and risks that cannot be eliminated or controlled by SVT, the presence of which are integral to the adventurous nature of the Activities. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activities not listed below: 1) Risks associated with occupying a backcountry hut or yurt, including: collapsing hut, falling into a pit toilet; injury due to use of hatchet or ax while chopping wood or ice; propane explosion; carbon monoxide exposure; falling, slipping, or tripping from hut platform; injury from use of hut swing; equipment malfunction, including fire or explosion; uncontrolled camp or kitchen fire; kitchen or cooking-related dangers; structure fire, burns, burning, and smoke inhalation associated with woodstoves; food-borne or water-borne bacteria or virus; allergen or mold exposure; exposure to bacteria or disease carried by rodents; exposure to airborne pathogens and viruses, including but not limited to contraction of Covid-19. 2) Risks associated with backcountry travel to, from and around the hut, including: exposure to dangerous wildlife and insects; exposure to extreme and inclement weather; moving objects associated with extreme weather and wind; temperature fluctuations; extreme or partial darkness; hail; storms and lightning; wildfire; frostbite and hypothermia; altitude sickness; getting lost; rough trail; slick or uneven walking surfaces; avalanches; mudslides; rock slides; earthquakes; snow immersion including falling into a tree well; cold water immersion, and prolonged exposure to cold water leading to hypothermia, injury, or death; variations in terrain including boulder fields, downed timber, river crossings and rapids, high mountain passes, and steep slopes; 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; dangerously warm temperatures; low visibility or whiteout conditions; difficulty with route finding; equipment failure (including equipment of Participant or SVT); encountering dangerous terrain features, including cornices and terrain traps; 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; discharge of weapons in or near the area of travel; lack of shelter; exacerbation of existing health conditions; exhaustion due to lack of fitness; decision errors or negligence of the Participant or other group members; fatigue; all manner of outdoor injuries occurring as a result of various risks, including brain injury, spinal injury, broken bones, burns, internal injury, sickness or disease, hypothermia, sunburn, dehydration, heat stroke, hyponatremia, altitude sickness, vertigo, frostbite, snow blindness and other eye damage, windburn; mentally or physically unstable or criminal trip participants; and mental, physical, or emotional injury or distress from exposure to any of the above. 3) Risks associated with porter services and related transport to and from the hut, including: error in guide judgment or lapse in guide skill; route finding errors; mechanical and equipment failure, malfunction, or failure to operate as intended, including (to the extent applicable) avalanche transceivers; ejection or falling from snowmobiles; overturning of snowmobiles; all risks associated with being towed by a snowmobile while on skis or a snowboard, including falling, flying snow, rope burns, becoming entangled in the tow rope, injurious contact with the snowmobile, injury from damaged equipment or equipment failure, burns, bodily injury, and exhaust inhalation; failure to understand instructions; lapse in driver judgment or skill; dangerous encounters with other snowmobiles or motor vehicles; unmaintained and hazardous trails and/or roads; trail and/or road obstructions; all commonly understood risks of riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; injurious contact with equipment being loaded or unloaded from vehicles; failure or lack of communication equipment or cell phone service; limited access to and/or delay of medical attention; inadequate or poorly executed attempts at rescue or medical care; dangerous contact with rescue vehicles or aircraft. I understand that SVT 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 the Activities. 

 

2. Assumption of Risk I acknowledge and agree that I am choosing to take part in the Activities despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activities. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activities. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activities, 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. 

 

3. Participant’s Representations and Responsibilities: I represent that I am physically and mentally capable of participating in the Activities. I understand the importance of all safety instructions given to me, whether in writing 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 hut. I specifically and expressly agree that I have full responsibility for managing and treating any health conditions to prevent injury to myself or others. I represent that I have had the opportunity to both independently research and discuss with SVT the risks of participating in the Activities and my assumption of those risks. I am not relying on any prior oral, written, or visual representations made by SVT, including in any website or promotional materials, to induce me to participate in the Activities. I acknowledge and agree that I am solely responsible for snow removal for the duration of my hut rental period and that failure to properly remove snow can result in serious injury. I acknowledge and agree that I am responsible for locating the hut and that I have been informed that using the maps and a GPS to locate the hut is highly recommended. Further, I acknowledge and agree that I have full responsibility to choose appropriate terrain, operable equipment, and monitor all weather conditions during my stay in the hut. 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. 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 the activities and sign this document out of a desire to have the Participant be allowed to participate in the activities. I represent that I am a legal parent or guardian of the minor Participant.

 

5. 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 Participant. 

 

6. 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 the Activities shall be governed by Idaho law,and that the exclusive jurisdiction for any claim shall be in the Blaine 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.  

 

7. Miscellaneous Provisions: I agree that SVT may utilize any photographs or videos taken during the activities for any purpose, and that any such image is the property of SVT. 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 SVT during or incidental to the Activities are solely responsible for injury that occurs to me while I am in their care, and that SVT is not in a joint venture with any such vendor or subcontractor. I agree that SVT is not a common carrier.

  

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS CONTRACT.



HUT RENTAL AGREEMENT 

The Renter agrees to pay the usual rental fee ($55/night/person or a minimum of $440/night/hut minimum, whichever is the larger sum) for the use of the hut and its facilities.

The Renters agree to pay SVT for any loss or damage to the hut or any of the equipment in or about the hut, reasonable wear and tear excepted, caused by or arising out of the incorrect use of the hut or any hut equipment by the Renters. The Renter understands that they have the option to hire a Guide to instruct them on the proper use of the hut, its equipment and the facilities and by refusing the Guide option take full responsibility for incorrect use of the facilities and resulting damages. Renter agrees to read the Care Instructions in the Hut Renter Information binder at the hut and follow the Hut Departure Check-Out List upon hut departure.

The Renter understands that outdoor fires and dogs are not permitted at the hut during winter months and agrees to fines of $300/day for violations. The Renter acknowledges that outdoor fires are permitted during summer months solely in the designated fire pit provided by SVT. The Renter understands that dogs may be permitted at SVT’s sole option during summer months with advance notice to SVT.

The Renter takes full responsibility for Renter’s actions and any adverse consequences of those actions and releases SVT for liability for such actions.

The Renter has read, understands and agrees to comply with the Covid-19 Hut Use Protocols, provided by SVT.

The Renter assumes full responsibility and liability for the conduct and safety of any minor supervised or brought to the hut by the Renter.


I HAVE CAREFULLY READ THE FOREGOING RENTAL AGREEMENT AND UNDERSTAND ITS CONTENTS. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.


Today's Date: May 3, 2024


First Participant's Name

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Second Participant's Name

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Ninth Participant's Name

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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