Hiking Tour Release Of Liability, Waiver Of Claims, Assumption Of Risk, Idemnity And Declaration Of Fitness Agreement

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HIKING TOUR RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, IDEMNITY AND DECLARATION OF FITNESS
AGREEMENT
Please read and be certain you understand the implications of signing
Assumption of Risk Associated with Hiking and Related Activities
I,_________________________________do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks
associated with hiking.
1. Risk of injury from the activity and equipment utilized is significant, including the potential for permanent disability or death.
2. Falling, causing broken bones, severe injury to the head, neck and back which may result in severe impairment or even death.
3. An “act of nature”, including but not limited to rock fall, inclement weather, thunder and lightning, severe or varied wind, temperature and other
weather conditions.
4. Risks associated with crossing, climbing or down climbing rock.
5. Risks associated with river crossings, fordings or portaging
6. Possible equipment failure and/or malfunction of my own or others’ equipment.
7. My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Keweenaw
Adventure Company, LLC, including but not limited to operator error.
8. Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, hypothermia, heat exhaustion, heat stroke,
sunburn and dehydration.
9. Exposure to outdoor elements, including but not limited to inclement weather, thunder and lighting, severe and/or varied wind, temperature or
weather conditions.
10. Attack by or encounter with insects, animals and/or wildlife.
11. Accidents or illness occurring in remote places where there are no available medical facilities and rescue may be distant and time consuming at
best.
12. Fatigue chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
13. My sense of balance, physical coordination, and ability to follow instructions.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to use the rental equipment, I hereby agree, acknowledge and appreciate that:
1.
I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage
to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to
as releasees: Keweenaw Adventure Company, LLC
2.
To release the releasees, their officers, directors, employees, representatives, agents and volunteers from liability and responsibility whatsoever
and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or
wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this
document, I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death or loss or damage to person
or property that may occur as a result of engaging in the above activities.
3.
By entering into the Agreement, I am not relying on any oral or written representation or statements made by the releasees, other then what is set
forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms
shall be enforceable.
Declaration of Fitness Agreement
Furthermore, I hereby declare that I am physically fit and that I have no physical or mental condition(s) that should preclude me from participating in
my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as
having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is
sustained of any kind during the course of Hiking activities, I will notify the guide immediately and before moving away from the immediate
vicinity.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS,
AND UNDERSTND THAT I HAVE GIVEN UP LEAGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY
WITHOUT ANY INDUCEMENT.
S/________________________________
________________________________________
_______________
Signature of Adult Participant
(Please Print) Name of Adult Participant
Date
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian orTemporary Guardian with legal responsibility for this
participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all
liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.
S/ _______________________________
________________________________
_______________
Signature of Parent or adult legal
(Print) Name of Parent or adult legal Guardian
Date
Guardian if Participant is a Minor,
and by their signature, they on my
________________________________
_______________
behalf release all claims that both
(Please Print) Name of Minor
Date
they and I have

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