Accident Disclaimer Page

Liability Release / Participant Agreement, and Assumption of Risk

In consideration of the services of Masaca Adventure Tours, their agents, owners, officers, volunteers, participants, employees, and all other persons acting in any capacity on their behalf (hereinafter collectively referred to as “Masaca Adventure Tours”), I hereby agree to release, indemnify, and discharge Masaca Adventure Tours, on my behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that skiing, hiking, backpacking, canyoneering, rock climbing, ice climbing, mountain biking, mountaineering and other Masaca Adventure Tours activities include known and unanticipated risks that could result in physical, emotional & or bodily injury, paralysis, death, or damage to myself, to property, or to third parties. 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 walking on uneven terrain, slips, falls; being struck by rockfall, icefall, or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightening, weather changes, flash floods and avalanche; the risks of falling off of the rock, mountain or cliff; the risks of exposure to insect and snake bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; my own physical condition, and the physical exertion associated with this activity. As well as skiing dangers including collision with others or stationary objects, falls, flat light, unexpected change in snowpack, visibility, and misjudged skier ability.

   Furthermore, Masaca Adventure Tours employees have difficult jobs to perform. They seek safety, but are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment may malfunction.

2. I understand that travel associated with Masaca Adventure Tours activities has unavoidable risks associated with it, including: loss of baggage, missed connections, damage to personal property, weight restrictions, language barriers, and other airport, and bus schedule discrepancies.

3. I expressly agree and promise to accept and assume all of the risks associated with this activity. My participation in this activity is purely voluntary, and I choose to participate despite the risks.

4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Masaca Adventure Tours 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 Masaca Adventure Tours’ equipment or facilities, including any such claims which allege negligent acts or omissions of Masaca Adventure Tours.

5. Should Masaca Adventure Tours or anyone acting on their behalf, be required to incur any attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

6. 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. Additionally, I certify that I am willing to assume the risk of any medical or physical condition I may have.

7. In the event I file a lawsuit against Masaca Adventure Tours, I agree to do so only in the state of Utah, and further agree that the substantive law of Utah shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is 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 Masaca Adventure Tours on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Signature of Participant_____________________________Print Name _______________________________________

Address_________________________________________________________________________________________

Phone________________________ Date____________ Party Name__________________ Trip Date____________

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION

(Must be completed for participants under the age of 18)

In consideration of_______________________________(print minor’s name)(“Minor”) being permitted by Masaca Adventure Tours to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Masaca Adventure Tours from any and all claims brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

Signature Parent or Guardian_________________________Print Name_____________________Date:_________

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