WAIVER & RELEASE OF LIABILITY
PARTICIPANT USER AGREEMENT
This waiver is a legal document PLEASE READ CAREFULLY.
This Waiver and Release of Liability (“Waiver”) is entered into as of the date hereof by and between the undersigned (on their behalf or on behalf of the minor named herein) (“Participant”) and Timberline Adventures Tours LLC and Timberline Adventures LLC (collectively and individually “Timberline”)
In consideration of the services and/or equipment enabling participation in activities associated the zip-line of Timberline, their agents, owners, associates, employees and any other persons or entities acting on their behalf, Participant hereby voluntarily agrees to release, indemnify, discharge, hold harmless, and covenant not to sue Timberline. This Waiver extends to myself, my children any other heirs, assigns, personal representative, and/or estate for any and all claims of liability arising out of Timberline’s negligence, recklessness, breach of contract, intentional acts, or any other act or omission which causes the undersigned illness, injury, death, or damages of any nature in any way connected with my participation in the activity or for being upon the lands of Timberline.
I fully understand and acknowledge that: (A) outdoor recreational activities such as zip lines, canopy tours, challenge courses, mountain hiking and exploring have inherent risks, dangers, and will exist in my use of Timberline’s property and equipment and my participation in the above mentioned activities; (B) my participation in these activities and/or use of the equipment to perform said activities may result in injury or illness including, but not limited to bodily injury, death or other ailments that could cause serious disability; exposure to insect and snake bites, exposure to extreme temperatures and inclement weather, slips and falls, encounters with wild animals, collisions with other participants or objects, and any other injury or illness in a remote area without means of rapid evacuation or adequate medical care; (C) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Timberline, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. By choosing to participate in Timberline’s guided activities, risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, misjudgment of a guide, weather, trail or course conditions, my ability to participate in the activity, risks of falling from high platforms, stands or towers and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment; and; (D) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Timberline or by any other person, and that they may arise from foreseeable or unforeseeable causes. I also understand that participation in the activities contemplated herein include transportation to, on and from Timberline’s property in vans, UTV’s or other vehicles deemed appropriate by Timberline. This waiver shall include any injury sustained by the Participant related to said transportation.
On behalf of myself, my personal representatives and my heirs or as parent or legal guardian of the undersigned minor Participant hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Timberline and their owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which arise out of my use of any equipment or my participation in Timberline activities or on Timberline’s property. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Timberline. The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Timberline or its agents is a party shall be the District Court in Kootenai County, Idaho.
Further, I grant permission to Timberline, its agents, and its employees the irrevocable and unrestricted right to produce photographs and video taken of my child, myself, and members of my family while at Timberline for any lawful purpose including publication, promotion, illustration, advertising, trade, or historical archive in any manner or in any medium. I hereby release Timberline and its legal representatives from liability for any violation or claims relating to said images or video. Furthermore, I grant permission to use the statements of my child, myself, or my family members given during an interview or evaluation with or without my name for the purpose of advertising and publicity without restriction to time limit or geographic area. I waive my right, my child’s rights, and my family’s rights to any and all compensation stemming from the use of these materials.
I HAVE READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE TIMBERLINE FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I FULLY RECOGNIZE AND UNDERSTAND THAT IF I (OR ANY MINOR ON WHOSE BEHALF I AM SIGNING THIS RELEASE), AM INJURED, DIE, OR MY PROPERTY IS DAMAGED, I AM GIVING UP MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST TIMBERLINE EVEN IF THEY NEGLIGENTLY OR BY SOME OTHER ACT OR OMISSION CAUSE THE INJURY, DAMAGE OR DEATH.
I EXPRESSLY ASSUME ALL RISK. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF THE ABOVE PROVISIONS.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Timberline activities or on Timberline’s property, or else I agree to bear the costs of such injury or damage myself.
As parent or legal guardian of a participant under 18 years of age, I have read and voluntarily agreed that said minor may participate in Timberline activities, and I sign this release on their behalf. In addition, I give Timberline permission to treat said minor in case of illness, injury, emergency, or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant.
Timberline reserves the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of Timberline while upon their lands or participation in their activities. I also certify that I and/or any minor on whose behalf I am signing, are physically and mentally capable of participating in these activities.
In the event any clause in this Waiver is deemed to be against the laws or public policy of the State of Idaho, the parties hereto expressly allow any court of competent jurisdiction to strike said clauses and or terms and enforcing the remainder of the Waiver as though those terms were never included herein and the resulting terms shall carry the full force and effect and be a legal agreement between the Parties.