PLEASE READ CAREFULLY BEFORE BOOKING AND EMBARKING ON YOUR EXPERIENCE ,THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
By accepting the charges for your trip, you agree to this release & waiver when booking your trips with Roambler, LLC AND INDEPENDENT CONTRACTORS WHO LIST EXPERIENCES ON THE ROAMBLER WEBSITE.
In consideration for being permitted to participate in the activities coordinated through the Roambler Platform, a.k.a Roambler, Roambler, LLC, www.roambler.com, and all Independent Hosts who list on www.roambler.com, I agree to the following waiver and release:
I acknowledge that fishing/boating/hiking or... ___________________________________________________________________________________________________________________________________________________________________________________________________________________________ has inherent risks, hazards, and dangers for anyone that cannot be eliminated, particularly in a wilderness environment. I understand that these risks, hazards, and dangers include without limitation:
1. Water hazards in boating and wading in the rivers including drowning;
2. Hiking in rugged country;
3. Injuries from fishing equipment and other participants;
4. Encounters with wildlife, animals, and insects;
5. Temperature extremes;
6. Inclement weather conditions and unavailability of immediate medical attention in the wilderness in case of injury.
7. Other risks may include but are not limited to (‘Host’ will explain any other risks unique to their ‘Listing’ or ‘Experience’ to be accepted by ‘Guest’) ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I agree to hold harmless my guide/host/mentor/ whose name is: _________________________________________________________________________
I understand the risks, hazards, and dangers and have had the opportunity to discuss them with my guide, host, mentor, or outfitter. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I am voluntarily using the services of this outfitter/guide/host/mentor/booking platform with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis, death, or harm.
Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby knowingly and intentionally waive and release, indemnify and hold harmless my assigned guide and outfitting company, their directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising indirectly or directly out of any damage, loss, injury, paralysis, or death, or harm to me or my property as a result of my engaging in these activities or the use of these services, or equipment, whether such damage, loss, injury paralysis, or death results from negligence of my chosen/assigned guide/outfitter/host/mentor, or from some other cause. I, for myself, my heirs, my successors, executors and subrogates, further agree not to sue any entity, business, employee, guide, volunteer or outfitter associated with my activity/trip. Injury, paralysis, death, or harm suffered in connection with my use and participation in the activities of this outfitter/guide/host/mentor/company is solely my responsibility.
I have read carefully, clearly understand, and voluntarily sign this waiver and release agreement.
ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT I understand that the description of these conditions and risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death. Injuries may be a natural consequence of the activity undertaken, as a result of the environmental hazards (including terrain and weather), a result of errors in judgment and other negligence of staff or participants. In all cases, these inherent and other risks, whether or not described herein, must be accepted by those who choose to participate. I am physically able to safely complete the activities which I plan to participate in which I have booked using www.roambler.com. I am not currently under the influence of alcohol, illegal drugs, impairing legal drugs, or any mental or emotional condition which interferes or impairs my ability to understand this document and participant. In recognition of the inherent risks of the activity which I, and/or any minor child for which I am responsible, will engage in, I confirm that I am (we are, the minor is) physically and mentally capable of participating in the activities herein. I am aware of the risks associated with the activities I have booked. I am aware of the risks, dangers and hazards associated with the activities of the Experience _____________________________________ and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. I also accept responsibility for any personal or property damage caused by or as a result of my participation. I/we also assume risk for accidents or injury caused by the negligence of any persons engaging in this activity with me (the minor), including any tour guides, hosts, mentors, fellow explorers, fellow participants, friends, and the like, whether such negligence is comparative or contributory. I am aware of the risks associated with hiking, canoeing, rappelling, climbing, caving,(‘Host’ add an activity if needed)___________________________________________________________________ .In consideration of the privilege to participate in these activities, I, on my behalf and the behalf of any minor in my charge or for which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, do hereby agree: To WAIVE AND RELEASE, HOLD HARMLESS and INDEMNIFY any and all claims that I, and where applicable as the Parent or Guardian of a minor participant may have against Roambler, LLC or its Hosts/Guides/Mentors/ any landowners upon whose land I may cross, private owners of lands, and their principals, directors, co-owners, spouses, agents, employees, and volunteers, successors and assigns, and each and every land owner, municipal and/or governmental agency upon whose property such activity is conducted, from all liability for any loss, damage, expense or injury including death that I may suffer resulting either directly or indirectly from either my use or the child’s use of the equipment and premises due to any cause whatsoever including negligence, breach of contract, breach of statutory duty or other duty of care including any failure on the part of the organizers, employees, volunteers, landowners, contractors, agents, representatives, directors, officers, successors and assigns to safeguard or protect me from risks, dangers or hazards of the experience/activity that I have booked. I am the parent or authorized guardian of the minor child(ren) listed below. I have discussed the terms of the above Agreement with the child and the child understands the agreement and has freely accepted its terms. I give and have the authority to give the child permission to participate in the booked experience/activity. I fully waive, release, hold harmless and indemnify the within parties from any claim which I may have, and to the fullest extent allowed by law, to release, waive, hold harmless and indemnify such persons on behalf of the children for any claim the child(ren) may have. TO PARTICIPATE IN THIS ACTIVITY/EXPERIENCE ADULT PARTICIPANTS MUST PRINT NAME / PROVIDE SIGNATURE BELOW ADULT PARTICIPANT - PRINT NAME ADULT PARTICIPANT - SIGNATURE PARENT / LEGAL GUARDIAN SIGNATURE REQUIRED FOR PARTICIPATING MINORS / CHILDREN PARENT / LEGAL GUARDIAN - PRINT NAME (IF PARTICIPANT IS A MINOR) PARENT / LEGAL GUARDIAN - SIGNATURE (IF PARTICIPANT IS A MINOR)
Adult Participant Name and Signature
Print name:_________________________ Sign name:________________________________
Minor Participant(s) Accompanied by Parent or Legal Guardian
________________________ Age: _____ Relationship: ______________
________________________ Age: _____ Relationship: ______________
________________________ Age: _____ Relationship: ______________
________________________ Age: _____ Relationship: ______________