Release Of Liability And Assumption Of Risk

 

The Heavy Legal Stuff (cue the ominous music)

 

 

Important notice: This document is a contract with important and legally-binding consequences. If you are even remotely thinking of joining one of our expeditions, it is important that you read it carefully and understand it before submitting it.  In addition to this electronic document, you will be required to sign a hard copy prior to departing on your expedition, so don't say we didn't warn you. Given the choice, we would rather drag our testicles across ten miles of broken glass than deal with this brand of foolishness, but this is pretty much what it has come to. We blame those bastards, the lawyers. You should, too. Together we can make a difference.

 

Release of Liability and Assumption of Risk

 

1. I,  in consideration of the services of Expedition-Logistics, LLC., its owners, officers, directors, employees, agents, associates, affiliated companies and subcontractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively “Expedition-Logistics”), for myself, and on behalf of my spouse or partner, my children, including minor children, my parents, my heirs, my assignees, my executors, my personal representatives, my estate, and my successors in interest (hereinafter collectively “Successors”), do hereby expressly and voluntarily release, forever discharge, and agree to indemnify and hold harmless Expedition-Logistics against any and all claims, demands, causes of action, or liability in connection with my participation in this mountaineering, trekking, or skiing expedition (hereinafter collectively "Expedition").

2. I understand that Expedition-Logistics does not want to frighten me or lessen my enthusiasm for this expedition, but believes it is important for me to know in advance what to expect, and to be informed of the inherent risks so that I can make an informed decision. I therefore do hereby freely agree to, and make the following contractual representations and agreements:

3. I understand this document is a contract with important and legally-binding consequences. I have been advised to read it carefully and understand it before signing it.

4. I acknowledge that although Expedition-Logistics has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity in which I may not be skilled, Expedition-Logistics has informed me this activity is not without risk, and that any and all aspects of expeditions are inherently dangerous and entail both known and unanticipated hazards and risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. I understand that such hazards and risks cannot be eliminated without jeopardizing the essential qualities and unique character of this expedition, that these inherent hazards and risks are some of the same elements that contribute to the essential qualities and unique character of this activity, and that if I were to attempt to eliminate all risk from my life, that I would pretty much have to become a bed-ridden shut-in, eventually being reaped by the slow, painful, yet inevitable coronary death befitting a sedentary pogue, proving in the end that nothing is entirely safe. I clearly recognize and voluntarily assume full responsibility for the inherent hazards and risks associated with my participation in this expedition.

5. I acknowledge that participating in this expedition requires a degree of skill and knowledge different from other activities in which I may have participated in the past, and that I have responsibilities as a participant in same. I acknowledge that the staff of Expedition-Logistics has been available to more fully explain to me the nature and physical demands of this expedition, and the inherent risks, hazards, and dangers associated with same, but that these risks are so numerous and wide ranging that neither a professional mountain guide, nor his employer, nor even Carnac the Magnificent himself could ever hope to foresee all of the possible ways in which I might be injured, killed, or abducted by aliens, never to be seen again.

6. I understand that my participation in this expedition will be at altitudes many thousands of feet above sea level, that I may not be accustomed to such altitudes, or that even if I have had experience at such altitudes, that there's no guarantee I won't become a brain addled idiot, do something stupid and die. The hazards and risks associated with my participation in this expedition may include, by way of example and not limitation, the dangers of traveling in remote backcountry areas, including becoming lost or skiing off piste, slips and falls on steep or treacherous terrain; falling off the rock, mountain, aerial tramway, surface lift, or into a crevasse; being struck by another skier, falling rock or ice, or other object or objects dislodged or thrown from above; climbing or ski equipment misuse, failure or loss, or misuse, or failure or loss of other equipment; inclement or extreme weather conditions or forces of nature including avalanche, lightning, flood, landslide, volcanic eruption, tsunami, meteor collision, or other natural occurrence; the risk of exposure to insect or animal bites, gastro-intestinal maladies, shark attack, dread disease, or an antibiotic resistant, flesh-eating super-bacteria; the risk of exposure to high altitude, cold and heat, including hyperthermia, hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; the dangers in participating in an extremely physically strenuous activity; my own physical or medical conditions, both known and unknown; shortage of food or water; the hazards of traveling in politically unstable areas amongst people who might have guns, knives, nuclear warheads or slingshots; the dangers of civil disturbances, terrorism and war; acts or omissions on the part of Expedition-Logistics, including the possibility of a boneheaded act or acts performed by an otherwise apparently competent mountain guide, an expedition member, or a random lunatic I might encounter in the course of my travels; the dangers inherent to travel by motor vehicle, train, boat, ship, aircraft, aerial tramway, surface lift, donkey, skateboard, or any other conceivable means of conveyance, or being run over by a bus, potato truck, rickshaw, or any other vehicle; accidents or illness in remote places without access to medical facilities, emergency transportation, or means of rapid evacuation and assistance; or the very real possibility of serious physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. These things happen all the time.

7. I understand there are no guarantees pertaining to this expedition, including the promise of my standing on any summit, the promise of returning home with all my fingers and toes, or that I won't die due to any of the possible causes already mentioned, or one of the myriad unforeseen ways by which a traveler might meet a gruesome and untimely demise.

8. I understand that the extent of my participation in this expedition may be modified or terminated if it is the professional opinion of an Expedition-Logistics guide or his representative that I'm a complete moron, unsuited and ill prepared, and that my continued participation poses a hazard to me or to others.

9. I understand that medical care as I know it is not available outside the US. I understand that I may be, at best, hours or days from any medical facility and that the medical facility to which I may be taken will not have the same standards of care as a similar facility in the US, nor will the medical personnel treating me have the same training as medical personnel in the US, and that the entire system of medical care available to me may be woefully inadequate. I understand that Expedition-Logistics does not provide any insurance, either medical, evacuation, liability, trip cancellation, or otherwise, for any incident which may arise as a result of participation in any phase of this expedition, and that I should suck it up and accept personal and financial responsibility for my actions. I have adequate trip cancellation, medical, evacuation, and other insurance, and I hereby give permission for transportation to any medical facility or hospital and I authorize any qualified guide or medical personnel to provide me with emergency medical care.

10. On my own behalf and on behalf of my Successors, I do hereby expressly and voluntarily release, forever discharge, and agree to indemnify and hold  harmless against any and all claims, demands, actions, causes of action, or liability, Expedition-Logistics, any promoting organizations, land owners and/or land managers, federal, state, or local agencies, all public and private entities, and their respective agents, officials, and employees (hereinafter collectively “Releasees”) through and by which my participation in this expedition takes place, from any and all rights and claims, including claims arising from acts or omissions on the part of the Releasees which I may have or which may hereafter accrue to me, and from any and all damages, both in law and equity, which may be sustained by me directly, or in connection with, or arising from my participation in, or association with, or travel to or from, this expedition. The essence of this agreement is that I will not bring a claim against Expedition-Logistics, and if I do I cannot collect damages.

11. I accept responsibility for the condition and adequacy of any gear or equipment that I may provide, even if, despite the appearance of having come from Wal-Mart, E-Bay, or a sketchy garage sale, it is okayed by an Expedition-Logistics guide or his representative.

12. I understand that Expedition-Logistics’ high altitude guides have very difficult jobs that are performed under hazardous and less than optimum conditions. Their decisions are based upon a number variables and evaluations which by their objective nature are imprecise and subject to errors in judgment. They might be unaware of the fitness or abilities of an expedition member. They might misjudge the weather or other environmental conditions. They might give incomplete warnings or instructions, or equipment might fail or be lost. Expedition-Logistics’ guides seek and strive for safety, but they are not infallible. In fact, my guide might even be a complete moron, but I understand that I must exercise my own ability and thought in keeping safe and secure, and that I am solely liable and responsible for my safety, and that, absent direction from Expedition-Logistics, it is my own decision to travel abroad, return home or descend at any time.

13.  Wouldn't it be great to wake up to this headline?

              

14.  I understand that from time to time during the expedition I may have free and unsupervised time, and that I am responsible for my own safety and for the safety of my fellow team members.

15. I expressly agree and promise to accept and assume all risks associated with this expedition. My participation in this expedition is purely voluntary, and I choose to participate in spite of, and with full knowledge of the inherent hazards and risks.

16. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Expedition-Logistics from any and all claims, demands, or causes of action which are in any way connected with my participation in this expedition or my use of Expedition-Logistics equipment or facilities, including any such claims which allege negligent acts or omissions on the part of Expedition-Logistics.

17. I have no medical, emotional or physical condition that to my knowledge would endanger others, or me, while participating in this expedition. I further certify that I am willing to assume the risk of any medical, emotional or physical condition, which I may be unaware I have.

18. I agree for myself and for my Successors that the above representations made by me are contractually binding and are not mere recitals, and that should I or my Successors assert my claim in contravention of this agreement, that the laws of the State of Colorado shall govern the rights and obligations of the parties to this release and the interpretation, construction and enforceability thereof, and that any lawsuit brought against Releasees shall be brought solely in the District Court for Lake County, Colorado. I agree that the asserting party or parties will be liable for the expenses, including legal fees, incurred by Expedition-Logistics and any other party or parties in defending against such claim. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein, or to any subsequent waiver or modification. A copy of this agreement may be used as if it were an original.

19. Every item and provision of this agreement is intended to be severable. If a court of competent jurisdiction declares any one or more items unenforceable or invalid, that will not affect the other terms and provisions, which will remain binding and enforceable. I further agree that the terms of this agreement will remain binding and enforceable even after the expedition has ended.

20. THE ESSENCE OF THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK IS THAT ANY AND ALL ASPECTS OF THIS EXPEDITION PRESENT GREAT RISK, INCLUDING THE RISK OF DEATH, FOR WHICH I FREELY AND VOLUNTARILY AGREE TO BE SOLELY RESPONSIBLE IN ORDER TO PARTICIPATE. FURTHERMORE, I ACKNOWLEDGE THAT IF ANY PERSON IS INJURED OR KILLED, OR ANY PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS EXPEDITION, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST Expedition-Logistics ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN.

 

Electronic Signature

I have had ample opportunity to read this document. I have read it, I understand it, and I agree to be bound by its terms. I understand this document constitutes an unsworn declaration under federal law, and I adopt the mark typed in the form below as my electronic signature. By signing in the box below I  declare (or certify, verify, or state) pursuant to Title 28 U.S.C. §1746, under penalty of perjury under the laws of the United States of America, that the foregoing representations are true and correct.

 Enter your full name (E-sign):