Ackowledgement and Assumption of Risk, Release and Indemnification
In consideration of the services provided by Mountain Madness, Inc., its shareholders, directors, officers, employees, agents, volunteers, participants and all other persons or entities associated with or acting in any capacity on its behalf (collectively referred to as “MMI”), I hereby agree to release, indemnify and discharge MMI, on behalf of myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children, as follows:
- I acknowledge that trekking, avalanche education courses, canyoneering, skiing/snowboarding, rock climbing, mountaineering, kayaking and other water sports entail known and unanticipated risks that could result in physical or emotional trauma, injury, paralysis, death or damage to myself, property and/or third-parties. Although MMI has taken reasonable steps to provide me with appropriate equipment and skilled guides, I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of traveling in uneven mountainous terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risk of falling off the rock, mountain or into a crevasse; the risk of exposure to insect bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema, and risk of drowning; my own physical condition; and the physical exertion associated with this activity. Additional dangers may include the hazards of traveling in the Third World; accident or illness in remote places without access to emergency medical facilities; war, terrorism and other forces. I understand that this description of these risks is not complete and that other unanticipated inherent risks may occur. Furthermore, MMI has a difficult job to perform. It seeks safety but is not infallible. It might be unaware of my or another participant’s fitness or abilities. It might misjudge the weather or other environmental conditions. It may give incomplete warnings or instructions and equipment being used might malfunction. I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that MMI has been available to more fully explain to me the nature and physical demands of this activity and the risks, hazards, and dangers associated with this activity.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary, and I elect to participate in spite of the risks. I further acknowledge the guide decisions are final and if he/she considers a participant behavior dangerous to themselves or the group, the said participant will be asked to leave the group with no refunds. Such behavior could include, but not limited to, mental illness, physical state, health-related illness, and any other factor having detrimental impacts on the safety, health, or well-being of participant or group. Socially unacceptable behavior, including, but not limited to, sexual harassment and discrimination towards other members of the group and in-country nationals, can also lead to termination of participants trip and no refunds.
- I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless MMI from any and all claims, demands or causes of action which are in any way connected with my participation in this activity or my use of MMI’s equipment or facilities including any such claims which allege negligent acts or omissions of MMI.
- Should MMI 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.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- I acknowledge I have read and understand all informational documents related to this trip provided by MMI. Further I acknowledge to bring all equipment as outlined in list provided.
- I understand that MMI may contract with independent contractors to provide services on the trip or activity, including transportation, travel services and guide services. I understand that MMI has no control over and accepts no responsibility for the actions of any independent contractor involved in providing services on the trip/activity. The laws of the State of Washington will govern this Agreement and I consent to the jurisdiction and venue of the federal and state courts sitting in Seattle, Washington. If there is a dispute between the parties relating to this document, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate, and arbitration proceedings), including the attorney fees incurred therein. By submitting 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 MMI on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. If any part of this Agreement is deemed unenforceable, all the parts shall be given full affect to the extent possible. I have read and understand it, and I agree to be bound by its terms.
- Model Release: I authorize and release to MMI the use of my image in any photograph or video recording for any purpose of MMI.