LIABILITY WAIVER: SIERRARIOS LLC TRIPS
All participants must agree to sign the following liability waiver before a trip.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
Read this carefully before signing so you know what you are agreeing to. This release of liability essentially states that you realize that you are embarking on a whitewater river expedition trip through a remote area, that you understand that there are inherent risks in this activity, and that you know you might lose property or suffer sickness, injury, assault, or other misfortune, and perhaps even die. If any of these occur, you agree not to hold SIERRARIOS LLC to be legally responsible for or to pay for any damages you may incur. "SIERRARIOS LLC" below refers to the business entity as well as any of its owners, officers, agents, guides, employees, or associates.
ASSUMPTION OF RISK:
I acknowledge and willingly assume all risks and hazards in a whitewater river expedition from the pre-embarkation rendezvous until the conclusion of the trip, including property loss, injury, or death resulting from but not limited to the following:
(1) loss of control of a boat and associated flips, broaches, and pins
(2) falls in/out/about a raft, including collisions with other participants, equipment, and obstacles
(3) poor judgment, decision-making, conduct, or lack of presence of SIERRARIOS LLC guides
(4) submersion in water and drowning
(5) encounters with animals, wildlife and insects
(6) walking on difficult or dangerous terrain during scouts, portages, side excursions, or in camp
(7) rigging and derigging boats and all camp and campfire activities
(8) portaging or lining boats and gear
(9) exposure to wilderness elements such as extreme heat, extreme cold, wind, and sand
(10) transport in vehicles shuttling participants to and from the river
(11) encounters with unfriendly residents or bandits
(12) moving, lifting, and/or carrying equipment
(13) rescues from the water and evacuations on a boat, out of a canyon, or on an animal or litter
(14) unavailability of immediate and appropriate medical attention in case of injury
(15) contaminated food or water consumed during the expedition
I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in property loss, injury, illness, disease, or death. My participation in this activity is purely voluntary and I elect to do so at my own risk
In consideration for SIERRARIOS LLC allowing me to participate on this trip, I voluntarily agree to release, discharge, and hold harmless SIERRARIOS LLC for any and all claims of liability arising out of their negligence, fault, recklessness, or any other act or omission which causes the undersigned illness, injury, disease, death, and damages of any nature in any way connected with my participation in this rafting activity. I also expressly agree to release and discharge SIERRARIOS LLC from any act or omission of negligence in rendering or failing to render any type of rescue, emergency or medical services. In signing this document, I fully recognize and understand that if I (or any minor on whose behalf I am signing this release) am hurt, die, or suffer property loss, I am giving up my right to make a claim or file a lawsuit against SIERRARIOS LLC, even if they negligently, accidentally, or by some other act or omission are responsible for the damage, loss, injury or death.
I further agree to hold harmless, defend, and indemnify SIERRARIOS LLC from all defense costs, including attorney's fees incurred in connection with claims for bodily injury, wrongful death, or property damage, sustained by me (or any minor under 18 years of age on whose behalf I am signing), or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity.
If I am unconscious or cannot make a clear decision, I give SIERRARIOS LLC permission to treat me in case of illness, injury, or accident. Furthermore, if the guides deem rapid evacuation necessary, I give them permission to contract evacuation services. Such evacuation expenses will be solely my responsibility and not that of SIERRARIOS LLC and I will reimburse SIERRARIOS LLC for any payments made for such services.
If I am a parent or legal guardian of a participant under 18 years of age, I voluntarily agree that said minor may be part of this whitewater rafting expedition, and I sign this release on their behalf. In addition, I give SIERRARIOS LLC permission to treat said minor in case of illness, injury, or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant and not that of SIERRARIOS LLC. Personal medical and travel insurance is strongly advised for all participants.
SIERRARIOS LLC reserves the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of SIERRARIOS LLC while on this trip. I also certify that I and any minor on whose behalf I am signing, are physically and mentally capable of participating in these activities. I hereby represent that I have informed SIERRARIOS LLC of any pertinent medical conditions that may affect my (or the minor's on whose behalf I am signing) participation in these expedition activities
I agree to reimburse SIERRARIOS LLC for any damaged or lost equipment if the damage or loss occurs while I am in control of the equipment during the trip. The amount that I will be responsible for is the MSRP value of the item plus estimated tax, importation and shipping charges, due when requested by a SIERRARIOS LLC representative. If the requested reimbursement is not provided by the date requested, I will be responsible for 2X MSRP value of the item plus estimated tax, importation and shipping charges as well as any travel and legal costs associated with recovery of the reimbursement amount.
I agree to reimburse SIERRARIOS LLC for all attorney and associated costs involved in agreement disputes if attorneys are employed by SIERRARIOS LLC in order to enforce provisions therein.
I hereby agree that SIERRARIOS LLC may use film or photographic records of this rafting trip for its promotional and/or commercial purposes.
I agree that any legal dispute involving SIERRARIOS LLC that is initiated by me (or any representative on my behalf) must have its venue in a jurisdiction of the country where the expedition took place, unless explicitly agreed by SIERRARIOS LLC.
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY. I UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THIS RIVER EXPEDITION ACTIVITY. I UNDERSTAND THAT IT IS A RELEASE OF ANY AND ALL CLAIMS AGAINST SIERRARIOS LLC. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED AND SIERRARIOS LLC, ITS OWNERS, OFFICERS, AGENTS, GUIDES AND EMPLOYEES, AND THAT IT CANNOT BE MODIFIED OR CHANGED IN ANY WAY BY THE REPRESENTATIONS OR STATEMENTS BY SIERRARIOS LLC OR BY THE UNDERSIGNED. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF BOTH MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND BY THEM.
Present this form at trip check-in. Please print clearly:
River Name: ______________________________________
Dates of trip: ______________________________________
Name of minor:_____________________________________
Signature Printed Name Date