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ELEVEN NEW ZEALAND 

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the "Release Agreement")
BY SIGNING THE RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN THE ACTIVITIES 



TO: Owen River Lodge Propco LLC, Cedar Lodge Propco LLC, and Cedar Lodge Opco Limited and all related companies and their respective directors, officers, employees, guides, instructors, agents, independent contractors, subcontractors, representatives, successors, assigns, other guests and all Activity participants (all of whom are hereinafter collectively referred to as the “Releasees"). 

 

DEFINITION 

In this Release Agreement the term "Activities" shall include, but is not limited to: [all travel by and movement around helicopters and other aircraft, watercraft or other vehicles; rock climbing; use of and operation of ATVs and UTVs; use of and operation of jetskis, jetboats and other watercraft; kayaking; canoeing; paddleboarding; rafting; fishing; mountaineering; backpacking; hiking; trail running; backcountry travel; cycling; mountain biking, including descents and tours; sightseeing; use of trails, bike parks and cross-country trails; swimming; river floating; golfing; use of equipment, watercraft, floats and tubes; demonstrations and events; orientation and instructional courses; seminars and sessions; and other such activities, events and services in any way connected with or related to those activities and use of facilities either provided or arranged by the Releasees.]  

 

ACKNOWLEDGEMENT – BACKCOUNTRY TRAVEL, NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID 

Communication in backcountry terrain may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Disease may arise from the increased difficulty in maintaining personal hygiene. I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees. 

 

ASSUMPTION OF RISKS 

I am aware that my participation in the Activities involves many risks, dangers and hazards. The terrain used for the Activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards. These may include, but are not limited to: slips, trips and falls; rockfall; loss of balance; effects of the weather; high winds; effects of altitude; variation in terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rock drops, loose gravel, holes, depressions, streams and creeks; collisions with natural and constructed structures, vehicles or equipment; collision with other persons; over-exposure to the sun, insect bites, fatigue, dehydration, exertion, and lack of fitness; overturning or upsetting of watercraft, floats or tubes; drowning; hypothermia; exposure to water and sun; becoming lost or separated from one’s party or guide; equipment failure, including equipment associated with or related to climbing, rappelling, belaying, and the use of watercraft; mechanical failure of equipment; failure of parachute or other safety equipment; failure to act safely or within one’s own ability or stay within designated areas; negligent first aid; impact or collision with other persons; encounters with dangerous or poisonous flora and fauna; encounters with domestic and wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence of other persons and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. 

 


I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. 

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration of the Releasees allowing me to participate in the Activities and permitting my use of the services, parking lots, Owen River Lodge, equipment, trails and other facilities (hereinafter, the “Premises”), I hereby agree as follows:  

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2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to the RELEASES and any third party resulting from my participation in the Activities; 

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand and no other jurisdiction; and 

5. Any litigation involving the parties to this Release Agreement shall be brought solely within New Zealand and shall be within the exclusive jurisdiction of the Courts of New Zealand. 

Media Release

Participant grants Releasees the absolute, royalty-free, and irrevocable worldwide right, license, and permission, without any additional cost or compensation, to use Participant’s name, likeness, image, voice, and audio footage, photographs, film, and other recordings(collectively referred to as “Media”) obtained during Participant’s participation in the Activity and all of Participant’s rights of publicity and privacy therein. Participant agrees that all right, title, interest and ownership, including copyright, in and to any works in any Media containing Participant’s image so obtained shall be owned exclusively byReleasees.Participant understands and agrees that as the owner of any such Media, Releasees shall have the exclusive right to exercise all rights granted under copyright, and Participant’s rights of publicity and privacy relative to the Media.Participant also releases Releasees from any and all claims and demands arising out of or in connection with all uses of such Media

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the activities, other than what is set forth in this Release Agreement. 

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE THAT THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN THE ACTIVITIES. 

 

May 9, 2025 



First Participant's Name

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First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fifth Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Ninth Participant's Date of Birth*
Tenth 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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