RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice -By signing this document you may be waiving certain legal rights, including the right to sue.
In consideration of being allowed to use the facilities and or participate in Guided Rock Climbing/Mountaineering/Team Building and other activities (collectively the "Activities'') provided by: Idaho Mountain Guides (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training;
TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, volunteers, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that the Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment and facilities before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that the Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardize s Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
THIS IS A RELEASE OF LIABILITY — READ AND UNDERSTAND BEFORE SIGNING
I hereby certify that I am the adult parent or guardian of the minor child listed below under the age of eighteen years, and I consent to his/her participation in recreational activities with Idaho Mountain Guides and his/her use of climbing equipment provided by Idaho Mountain Guides.
II understand and acknowledge that I am fully aware of and assume the risks (including but not limited to the risk of serious bodily injury, property loss or damage) of (1) said minor child’s participation in recreational activities and (2) his/her use of the IMG equipment. I recognize my responsibility to ensure that said minor child participates only in those activities for which he/she has the required skills, qualifications, training, and physical conditioning. I understand that IMG shall have no responsibility to pay for medical treatment and related costs if said minor child is injured. I further understand and agree that IMG supplies the equipment "as is", and that IMG disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Knowing the risks described above, I agree, personally and on behalf of the minor child named below, to assume all the risks and responsibilities surrounding my minor child’s use and participation in an Idaho Mountain Guides event. I am at least eighteen years of age and have carefully read and freely signed this Liability Waiver and Release Form for a Minor Child. I understand and agree that no oral or written representations can or will alter the contents of this document. I agree that this agreement shall be governed by the laws of the State of Idaho.