Release of Liability Form | Adventure Lake Tahoe

ADVENTURE LAKE TAHOE LLC RELEASE OF LIABILITY WAIVER

EACH PARTICIPANT MUST FILL OUT THIER OWN RELEASE OF LIABILITY FORM.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

1. ACTIVITY AND ASSOCIATED RISKS:

This Agreement shall apply to all activities, events, services provided, arranged, organized. sponsored or authorized by Adventure Lake Tahoe LLC but not limited to hiking, rock climbing, rafting, kayaking, biking, archery, axe throwing, airsoft, laser tag, archery tag, fishing, sledding, snowboarding, skiing, ATV's, snowmobiling, electric hydrofoil, Snowbike, instruction sessions, rentals etc…. The Activity is inherently hazardous, and I may be exposed to dangers and hazards, including but not limited to some of the following: falls, fractures, vehicle accidents, concussions, overexertion, overheating, injuries from my lack of fitness or conditioning, hypothermia, drowning, death, equipment failures, falling rocks and negligence of others;  As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged: Hospital facilities, qualified medical care, and medical evacuation may be limited by local conditions; and Your host assumes no responsibility for providing medical care during the activity, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.

2. ASSUMPTION OF THE RISKS:

I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity-including any injury or loss caused by the negligence of Adventure Lake Tahoe LLC, its experiences host, its employees, agents and officers, its contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow or rent from Adventure Lake Tahoe LLC, its experiences host or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

3. RELEASE OF LIABILITY:

I hereby RELEASE Adventure Lake Tahoe LLC, its experiences host, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, land owners, municipal or governmental providers of use permits. and their respective employees, officers, and directors ("the Released Parties") FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence. intentional or reckless misconduct, or any other liabilities that California and Nevada State law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occurs during the Activity or are related in any way to the Activity.

4. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE:

I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney's fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

5. AGREEMENT TO FOLLOW DIRECTIONS:

I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including USING ALL OF THE PROTECTIVE GEAR that I am instructed to use.

6. INDEPENDENT CONTRACTORS:

I acknowledge that Adventure Lake Tahoe LLC, its experiences host, its employees, and other Activity participants have no control over and assumes no responsibility for the actions of any independent contractors providing any services or rental equiptment for the activity.

7. USE OF MY LIKENESS:

I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre- approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Adventure Lake Tahoe LLC, its experiences host, its employees, and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

8. SEVERABILITY:

I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by California and Nevada State law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

9. APPLICABLE LAW, FORUM & ATTORNEY'S FEES:

This agreement is governed by and shall be construed in accordance with the laws of the state of California and Nevada, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Superior Court of Eldorado County California, Douglas County Nevada or in the U.S. District Court in either county, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.

9. APPLICABLE LAW, FORUM & ATTORNEY'S FEES:

This agreement is governed by and shall be construed in accordance with the laws of the state of California and Nevada, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Superior Court of Eldorado County California, Douglas County Nevada or in the U.S. District Court in either county, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.

10. CORONAVIRUS/COVID 19 OR OTHER ILLNESSES SUCH AS BUT NOT LIMITED TO COLD AND FLU RELEASE OF LIABILITY:

I acknowledge the contagious nature of the Coronavirus/COVID-19 or other illnesses such as but not limited to cold and flu and that the CDC and many other public health authorities may still recommend precautionary practices. I further acknowledge that Adventure Lake Tahoe LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19 or other illnesses such as but not limited to cold and flu and is following current local health and safety guidelines. I further acknowledge that Adventure Lake Tahoe LLC cannot guarantee that will not become infected with the Coronavirus/Covid-19 or other illnesses such as but not limited to Cold and Flu . I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 or other illnesses such as but not limited to Cold and Flu may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, other activity participants and their families. I voluntarily seek services provided by Adventure Lake Tahoe LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19 or other illnesses such as but not limited to Cold and Flu. I acknowledge that I must comply with all set procedures to reduce the spread while attending my activity. I attest that: I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 or other illnesses such as but not limited to Cold and Flu. I have not been diagnosed with Coronavirus/Covid-19 or other illnesses such as but not limited to Cold and Flu and not yet cleared as non- contagious by state or local public health authorities. I am following all CDC and local recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19 or other illnesses such as but not limited to Cold and Flu.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND ISIGN IT OF MY OWN FREE WILL. IF I HAVE CHOOSEN TO ELECTRONICALLY SIGN; I ACKNOWLEDGE THAT MY ELECTRONIC SIGNATURE IS A LEGALLY BINDING AGREEMENT UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (ESIGN) AND UNIFORM ELECTRONIC SIGNATURES ACT (UETA).

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I AGREE TO THE TERMS AND CONDITIONS SET BY THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT OUTLINNED ABOVE

PARTICIPANT SIGNATURE

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Minor Participant Parent / Guardian Signature Release

(If there is No Minor Particpant, Please Leave this Section Blank and click SUBMIT below)  If participant is a minor, signature of parent or responsible adult is required below: In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (definedin Section 3) from all liabilities and claims that arise in any way from any injury, death, lossor harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that California and Nevada state law does not permit to be excluded by agreement.

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I AGREE TO THE TERMS AND CONDITIONS SET BY THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT OUTLINNED ABOVE