Waiver Agreement

EXPRESS ASSUMPTION OF RISK, RECREATIONAL ACTIVITY RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY AGREEMENT, PHOTO RELEASE, AND DECLARATION OF FITNESS AGREEMENT 

Please read and be certain you understand the implications of signing. 

EXPRESS THE ASSUMPTION OF RISK ASSOCIATED WITH RECREATIONAL ACTIVITIES

I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with outdoor recreational activities. These activities generally include but are not limited to, hiking, tubing, kayaking, whitewater rafting, surfing, ziplining, rock climbing, community clean-ups, and other outdoor activities, as well as the rental of equipment and related transportation. Inherent hazards and risks include, but are not limited to:

1. Risk of injury, including disability or death, from the activity and equipment utilized.

2. Possible equipment failure and/or malfunction of my own or others' equipment.

3. This activity or portions of it takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, the impact of the body upon the snow, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death. 

4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, rapids, weather, trails, or route location.

5. Attack by or encounter with insects and/or animals.

6. Accidents or illnesses occurring in remote places where there are no immediately available medical facilities. 

7. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident. 

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, INDEMNITY AGREEMENT, PHOTO RELEASE, AND DECLARATION OF FITNESS AGREEMENT.

In consideration of being permitted to participate in the activity(ies) described above and related activities, I hereby acknowledge and agree: 

1. TO 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”): Peace in the Wild, LLC. and its affiliates. 

2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, volunteers, vessels, and its affiliates 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 releasees or otherwise. By executing this document, I agree to hold the releasees 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. To give Peace in the Wild, LLC., its officers, directors, employees, contractors, vendors, affiliates, and agents, and its assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and record with a video or audio recording device, my name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion or use in composite form, or derivative works of my Likeness made in any medium, whether intentional or otherwise) in connection with the activity (ies) through the Company’s business, products and/or services, including but not limited to for advertising, for publication or any other lawful purposes. I waive any right to inspect, modify, or approve any intermediary version(s) or finished version(s) of the results of the use of my likeness (“Results”). I waive any right to further compensation. 

4. I warrant that I am physically fit and in a condition that will allow me to participate fully in the activity(ies). I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I understand Peace in the Wild has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and Peace in the Wild, LLC. is relying on my warranty of my physical condition. I assume full responsibility for the payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activity. Furthermore, I hereby declare that I will not participate in this activity if I have any COVID-19 symptoms, that I'm physically fit and 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.

5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than 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. 

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I REPRESENT THAT I AM OVER 18 AND LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT, WHICH SHALL BE A BINDING COMMITMENT.