Updated: 2/2/2018
LIABILITY WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE SIGNING.
PRINT A COPY FOR YOUR RECORDS
A parent/guardian must sign for minors (under 18 years of age).
In consideration of the services (“Tour”) provided by Root Adventures, LLC (“Root Adventures,” “we,” or “us”), I, an adult traveler or parent or legal guardian of a traveler under the age of 18 (“Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf and on behalf of any Child for whom I am signing.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I am voluntarily participating on the Tour, which will involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: fitness classes, workout sessions, yoga, running, walking, trekking, hiking, including at high altitudes, alpine hiking, rock climbing, mountaineering, backpacking, rapelling, tyrolean traversing, scuba diving, glacier trekking, rock climbing, whitewater rafting, sea kayaking, paddle boarding, swimming in various bodies of water such as rivers and lakes, nature walks, encounters with wild fauna and flora, and/or other outdoor activities or sports (collectively, “Fitness and Adventure Activities”). Some of these activities may be led by a fitness leader or instructor employed not by Root Adventures but by a gym, fitness studio, etc. that helps market or advertise our Tours to their clients. I understand that this list is not exhaustive of all Fitness and Adventure Activities that may be made available to me and that I may decide to participate in.
I acknowledge that I am voluntarily participating on the Tour with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: dangers and risks inherent in Fitness and Adventure Activities; negligence by Root Adventures, LLC in the conduct or arrangement of the Tour in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; muscle strains, pulls, tears, broken bones, and shin splits; forces of nature; civil unrest and war; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; contact with wild animals; social or labor unrest; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third party service providers; financial default of any third party suppliers; and any actions, omissions or conditions outside of Root Adventures’ control not mentioned herein.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Tour provided by Root Adventures. Furthermore, guides/ instructors/facilitators have difficult jobs to perform involving judgment of the weather, the elements, the terrain and other aspects of the Tour. They must also make judgments when providing warnings or instructions. They seek safety, but they are not infallible and may misjudge the weather or other environmental conditions.
I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on a Root Adventures’ tour. A complete listing of inherent and acquired risks is not possible.
I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Child, I have discussed the travel risks with the Child, and he or she wishes to participate in the Tour nevertheless.
MEDICAL CERTIFICATION
I certify that I have adequate insurance to cover any injury or damage I or the Child may cause or suffer while participating in the Tour, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.
PHOTO RELEASE
I hereby grant permission to Root Adventures to use photographs and/or video of me taken on the applicable trip or event per this waiver in publications, news releases, online, social media, and in other communications related to the business of Root Adventures.
WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, I, an adult traveler, or as parent or legal guardian of the Child, for myself, the Child, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Root Adventures, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns, sponsors, sponsoring agencies, and advertisers (e.g., fitness studios, gyms, organizations, groups, companies, etc. that advertise the Tour to their members, employees, and others) (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I or the Child now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by Root Adventures whether arising from the Released Parties’ negligence or otherwise.
In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my or the Child’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Child (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risks associated with the Tour and to release the Released Parties from any and all liability to the maximum extent permitted by law.
CHOICE OF LAW, FORUM, AND SEVERABILITY
This agreement will be interpreted according to the laws of the State of Colorado in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Denver, Colorado. I agree to personal jurisdiction in the specified forum. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law.
KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I (or in the case of a Minor) is hurt or is damaged during the Tour, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties, including but not limited to Root Adventures, LLC, on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Root Adventures has answered all questions to my satisfaction. My signature applies to all pages of this document.
Signature of Adult Traveler: _______________________________________
Date: _________________
Print name: ____________________________________________
Mailing Address:
If Traveler is a Minor under 18, a Parent or Guardian’s signature is required
By signing below, I represent and warrant that I am the parent or legal guardian of the Minor and have the full authority to bind the Minor to this agreement, that I am 18 years or older, and that all information that I have submitted with this agreement is truthful and accurate. I agree that I am signing on behalf of myself and my spouse, partner, co-guardian, or any other person who claims the participant as a child or is a guardian of the child (referred to both individually and collectively as “Parent”) and that I have the Parent’s authority to do so. I agree that this agreement is made on the Minor’s behalf and that all releases, waivers and promises made herein are binding on the Minor, me and any other Parent on whose behalf I am signing. My signature applies to all pages of this agreement
Name of Child / Minor Traveler: ________________________
Age of Child / Minor Traveler:
Signature of Parent/Legal Guardian: _______________________________
Date: ________________
Print name of Parent/Legal Guardian: ___________________________
Print Relationship to Minor:
Mailing Address: