release OF liability
As lawful consideration for being permitted by Mountain Bureau LLC (MB) to participate in the activities, I do hereby release Mountain Bureau LLC from any and all liability of whatever nature. I further hereby release the United States Forest Service, National Park, Bureau of Land Management, or any government agency, along with Mountain Bureau LLC, whose property may be utilized, and any and all of their officers, members, organizations, agents, and employees for any and all injury or death caused by—or resulting from—my participation in the activities provided by Mountain Bureau LLC from any and all liability of whatever nature or cause. In consideration of the services of Mountain Bureau LLC, its officers, agents, employees, volunteers, advertisers, members, managers and all other persons associated with this business (collectively “Mountain Bureau LLC”) I agree as follows:
Although Mountain Bureau LLC has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, they have reminded me that this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of this activity can cause loss or damage to my equipment or to myself, including accidental injury, illness, or in extreme cases permanent trauma, paralysis, or death. The MB does not want to frighten me or reduce my enthusiasm for this activity, but they think it is important for me to know in advance both what to expect and that there are inherent risks. The following describes some but not all of those risks of which I have been informed:
1) Travel in mountainous terrain. I may slip and fall, be struck by rock fall or ice, or other objects from above. I could fall off the surface or mountain or into terrain. I could be injured due to contact with other trip participants or by the use of climbing ropes or equipment.
2) Forces of nature: I may be injured by lightning, severe weather, weather changes, avalanche, drown, or other acts of god.
3) Coronavirus may be mitigated, not eliminated: I’m assuming the risk of potential exposure to participate in this program and indemnify the Mountain Bureau LLC, and the employees or contractors, of any legal liability related to COVID-19. Mountain Bureau LLC has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that may result in personal injury, illness, permanent disability, and death.
4) Travel to remote locations, venues, or third world countries: I may become ill or be involved in an accident in locations without access to medical facilities. Other risks include war, terrorism, and illness from drinking or eating water or food. I could also suffer injuries or trauma during the land- or air-transportation portions of the trip, traveling in vehicles or aircraft, chairlifts, trains, trams, or around livestock.
5) High Altitude: I accept the risks of high altitude, including extreme cold, frostbite, hypothermia, acute mountain sickness, and both cerebral and pulmonary edema.
6) Errors or Omissions: I accept all risks based on errors or omissions by Mountain Bureau LLC and its employees or contractors, including insufficient instruction or assistance.
7) Helmets: I am aware that climbing helmets will be made available to all climbers. I understand that I must wear a helmet because all climbers will wear a helmet and no exceptions will be made. If I am skier or a trekker, I may decline to wear such a helmet while skiing or hiking if I sign a waiver and release of liability that includes this statement: regarding my knowledge of the dangers of skiing and hiking without a helmet and a willingness to do so.
8) Incomplete Description of Risk and Voluntary Participation: I am aware that trekking, avalanche education courses, skiing, snowboarding, mountaineering, rock climbing, ice climbing, and traveling all entail risks of injury or death to myself. I understand both that the Mountain Bureau LLC description of these risks is not complete and that other unknown or unanticipated risks may result in injury or death. I agree to assume responsibility for the risks identified herein and other risks inherent in these activities. My participation is purely voluntary. I elect to participate in spite of the risks.
9) I certify that I am fully capable of participating in this activity: Therefore, I assume full responsibility for myself, including minor children, for bodily injury, death, and loss of personal property and expenses thereof as a result of those inherent risks and dangers and of my negligence in participating in this activity. I acknowledge that Mountain Bureau LLC has been available to explain to me the nature and physical demands of this activity and the risks, hazards, and dangers associated.
10) I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect: In the event that I file a lawsuit against Mountain Bureau LLC, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
11) I have read, understood, and accepted the terms and conditions stated herein: I acknowledge that this agreement shall be effective and binding upon myself, my heirs, my assigns, my personal representatives, my estates, and all members of my family, including any minors accompanying me. I acknowledge that I am not relying on any oral, written, or visual representations or statements made by the Mountain Bureau LLC, including those made in its brochure and other promotional material to induce me to participate. I also acknowledge that in any and all promotional material the use of the word "safe," the phrase "safe as possible," or the like does not mean, imply, or suggest that this trip is without risk. I have also read—and agree to comply with—the Mountain Bureau LLC terms and conditions. I also agree to their cancellation policy.
12) Location of File: I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain full force and effect. In the event that I file a lawsuit against Mountain Bureau LLC, I agree to do so solely in the state of Washington in the United Stated of America, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
12) Photographic Release: I understand that the Mountain Bureau LLC reserves the right to take photographs or film records of any Mountain Bureau tour, program, or activity. I, along with each trip member, hereby agree that Mountain Bureau may use such photographs or film records for promotional and/or commercial purposes.