PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The person who is backpacking in the region stated above shall be referred to hereinafter at
“PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age
18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when
the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that
BACKPACKING (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF
PHYSICAL INJURY OR DEATH.
THE UNDERSIGNED agree and understand that there are risks associated with strenuous physical
exertion and with participating in the ACTIVITY and that falls, INJURIES AND/OR DEATH may result
from engaging in the ACTIVITY. THE UNDERSIGNED agree and understand that risks include, but are
not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for
permanent disability and death.
2. Falling, causing broken bones severe injuries to the head, neck and back which may result in severe
impairment or even death.
3. All "act of nature," including but not limited to avalanche, rock fall, inclement weather, thunder and
lighting, severe and or varied wind,
temperature and other weather conditions.
4. Risks associated with crossing, climbing or down-climbing of rock, snow and/or ice.
5. Risks associated with river crossings, fordings, or portaging.
6. Possible equipment failure and/or malfunction of my own or others' equipment, which may have been
rented, borrowed, or personally owned.
7. My own negligence and/or the negligence of others, including
employees, agents, independent contractors or representatives of including but not limited to operator
failure.
8. Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat
exhaustion, heat stroke, sunburn, hypothermia and dehydration.
9. Attack by or encounter with insects, reptiles, and/or animals.
10. Accidents or illness occurring in remote places where there are no available medical facilities.
11. Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of
accident
12. My sense of balance, physical coordination, and ability to follow instructions.
13, The physical condition of the PARTICIPANT, dehydration, and high elevation.
In consideration for allowing the PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED
hereby ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY.
Additionally, THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, DEFEND AND
INDEMNIFY THE ELEMENTAL SELF, its affiliated organizations and companies, and each of their
respective insurance carriers, agents, employees,
representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED
PARTY”) FOR ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to
property arising from the PARTICIPANT’s participation in the ACTIVITY, including those claims based
on any RELEASED PARTY’s alleged or actual NEGLIGENCE or BREACH OF any express or
implied WARRANTY.
THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death,
which PARTICIPANT may suffer, arising in whole or in part out of the ACTIVITY. By signing this release,
THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any
right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further
AGREE TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE
UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT’s
participation in the ACTIVITY. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred
by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.
THE UNDERSIGNED represent that the PARTICIPANT is in good health and there are no special
problems associated with his/her care. THE UNDERSIGNED authorize any RELEASED PARTY and/or
their authorized personnel to call for medical care for the PARTICIPANT or to transport the
PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is
needed. THE UNDERSIGNED agree that upon the PARTICIPANT’s transport to any such medical facility
or hospital that the RELEASED PARTY shall not have any further responsibility for the PARTICIPANT.
Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related
transportation provided for the PARTICIPANT and shall indemnify and hold harmless the RELEASED
PARTY from any costs incurred therein, or any claims arising therefrom.
By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that
he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, you
represent that you are the legal parent or guardian of the minor PARTICIPANT.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to
be unenforceable, the remaining terms shall be an enforceable contract between the parties. This
release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and
personal representatives of THE UNDERSIGNED.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS
CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I
OTHERWISE MAY HAVE.