​​​​​​​​WILD

WAIVER

SUV ADVENTURE TOURS

Where the pavement ends and the Best begins

BEST

​​​​WILD

                 RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
                                                (hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!

                        TO:       WILD WILD BEST AVENTURE TOURS, LLC. (hereinafter referred to as “WWB”)
                                                                      ASSUMPTION OF RISKS

I am aware that the outdoor recreation activities which may consist of both physical and mental challenges like skiing, snowboarding, participating in snow school lessons, tubing, cycling, mountain biking, snowshoeing, hiking, sightseeing, caving, mountaineering, rock climbing, paddle activities in the ocean or in fresh water, swimming, camping, hunting, horseback riding, archery, paintball, rappelling, and other such activities (hereinafter collectively referred to as the “ACTIVITIES”) are inherently dangerous activities that involve many risks, dangers and hazards including but not limited to: equipment related faults or hazards, falling objects, travel in dangerous terrain with unexpected hazards, weather related accidents or injuries, encounters with unpredictable wildlife, dangerous and unpredictable ocean or fresh water conditions including but not limited to currents, waves, high water, rocks, failure of pfd’s, or other floatation devices, defects of failures of kayaks, canoes or paddles, motor vehicle accidents or collisions either on the way to or return from the activity, boarding, riding and disembarking ski lifts, changing weather conditions, avalanches, loss of balance or control, exposed rock, earth, ice, and other natural objects, trees, tree wells, tree stumps and forest dead fall, the condition of snow or ice on or beneath the surface, reduced visibility, variable and difficult conditions, streams, creeks, and exposed holes, collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures, collision with other persons, the failure to act safely or within one’s own ability or to stay within designated areas, negligent first aid, negligence of other participants, skiers, snowboarders, cyclists, hikers and other persons whether outside parties or participants to the on-going activities; and NEGLIGENCE ON THE PART OF WWB OR ITS STAFF. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF WWB OR ITS STAFF TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the activity and that many are unmarked.

I AM PARTICIPATING IN THIS ACTIVITY VOLUNTARILY AND NOBODY BY OR ON BEHALF OF WWB HAS INDUCED ME TO PARTICIPATE IN THIS ACTIVITY OR MADE ANY REPRESENTATIONS TO ME ABOUT MY PARTICIPATION IN THIS ACTIVITY OTHER THAN THOSE INDICATED IN THIS RELEASE OF LIABILITY, WAIVER OR CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

                              RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of WWB accepting my engagement in the activity, transportation tp and permitting for my use of the facilities owned by third parties (hereinafter referred to as “other facilities”), I hereby agree as follows:
·     That the purpose of the engagement is to promote physical fitness and enjoyment of the outdoors through organized outdoor recreation activities.
·      That participation in the program may subject myself to potentially hazardous activities and other physically strenuous outdoor activities.
·      That I am expected to engage in only those activities that I am physically capable of accomplishing.
·      That water activities and instruction may be held on bodies of water without the supervision of a lifeguard.
·      That there will be no consumption of alcohol on any WWB sponsored trip in any capacity whatsoever during the actual activity due to the fact that the activity may subject the participant to potential hazards.  On overnight trips, moderate and controlled consumption may be allowed only after camp is set.
·      If I choose on my own accord to either arrive or leave a WWB sponsored activity in a privately owned vehicle or other mode of transportation, I am acting outside the scope of responsibility of the WWB activity involved; and WWB. cannot be held responsible for any injury or damages done to myself or my equipment while in the personal or otherwise contracted owned vehicle.
·      Smoking material, drugs (other than personal medication), and alcohol will not be used nor consumed in any WWB vehicle.
·      I also understand that it is my responsibility as a participant to obtain all trip information by attending a pre-trip briefing, by sending a representative to that briefing, or by personally contacting WWB for trip details.
·      Seatbelt usage is required at all times while riding in a WWB owned vehicle (where seatbelts are provided).

1.     TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against WWB, and its owners, officers, employees, agents, representatives, volunteers, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as “THE RELEASEES”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence during activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.  I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE;

2.       TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the facilities;

3.       This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4.       This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of New Mexico USA and no other jurisdiction; and

5.       Any litigation involving the parties to this Release Agreement shall be brought solely within the State of New Mexico and shall be within the exclusive jurisdiction of the Courts of the State of New Mexico.

6.       In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the activities other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

INITIAL OF PARTICIPANT:  ______                                              INITIAL OF PARENT / LEGAL GUARDIAN:  ______
                                                                                                             (if participant is a minor or under a legal disability)
PARTICIPANT: ___________________________                _________________________________
                                       (Printed Name)                                                                               (Signature)

Address (please print clearly):​   _______________________________________________

                              City:  _____________________   State: ____  Zip Code:  ________​ 

Date:  _____________________      

                     (Month/Day/Year) 

____________________________________________________
WITNESS: ______________________________                _________________________________
                                       (Printed Name)                                                                                (Signature)
Address (please print clearly):​  _______________________________________________
                                             City:  _____________________   State: ____  Zip Code:  ________​ 

Date:  _____________________      
                     (Month/Day/Year) 
  ____________________________________________________
PARENT OR: ____________________________                _________________________________
LEGAL GAURDIAN            (Printed Name)                                                                              (Signature)
Address (please print clearly):​  _______________________________________________
                                             City:  _____________________   State: ____   Zip Code:  ________​ 

Date:  _____________________      
                     (Month/Day/Year)