MOUNTAIN VISTA TOURING (MVT)
LIABILITY RELEASE AND WAIVER
I, the undersigned, recognize there are risks associated with backcountry snowshoeing
and hiking that are hazardous to participants regardless of all feasible safety
measures which can be taken. I fully understand that among other things
the risks, dangers, and rigors inherent in backcountry snowshoeing or hiking
could include, but are not limited to, the following:
a) Weather conditions may be extreme.
Conditions can change and can involve wind, snow, thunderstorms, sun and/or
cold. Weather conditions can change quickly and without warning.
With these changes may come hypothermia, dehydration and/or frostbite.
The participant must be prepared for all conditions.
b) In the wilderness there are wild animals
that may come upon the trail and inflict harm or even death.
c) You may become lost in the wilderness.
d) The equipment, although maintained, could
malfunction, causing injury.
I understand it is my responsibility to return all equipment intact to MVT staff.
I understand that in the event any equipment gets damaged, lost or stolen; payment
will be required for complete replacement or the repair and lost rental time
until the repair is completed. The decision between repairing and replacing
the damaged or missing equipment is solely up to the discretion of MVT management.
I authorize the use of all photos taken of myself or of our group for any type
of promotional advertising.
***CLIENT RESPONSIBILITIES TO AVOID UNNECESSARY RISKS***
a) You must dress appropriately.
Wear warm layers, hat, gloves, scarf, jacket, and bring extra clothes along
with you.
b) Advise MVT staff of any pre-existing
medical or health conditions that you feel could possibly be aggravated as a
result of this snowshoeing or hiking tour. You must be in good enough
health to withstand the strenuous exercise you are about to take part in.
c) You must follow the instructions
that your guide gives you and never separate from the group.
d) Do not participate in this
snowshoe or hiking trip if you are under the influence of alcohol or drugs.
They impair your judgment and coordination, thus jeopardizing your safety and
the safety of others. MVT prohibits harmful conduct or interference of
any kind with safety and reserves the right to remove any individual from a
trip, with no refund, if these policies are not followed.
ACKNOWLEDGEMENT OF RISK: I certify that I am fully capable of participating
in the snowshoeing or hiking trip. Therefore, I assume full responsibility
for bodily injury, death and loss of personal property and expenses thereof
as a result of my negligence while participating in the trip. I fully
understand that the snowshoeing or hiking trip poses risks and I appreciate
the danger of those risks; but those risks notwithstanding, I wish to participate
in the snowshoeing or hiking activity. I further understand that Mountain
Vista Touring, reserves the right to refuse any person if judges to be incapable
of meeting the rigors and requirements of participating in the snowshoeing or
hiking trip.
***RELEASE FROM LIABILITY***
I understand and do hereby agree to assume all of the above risks and any other
related risks, which may be encountered and said snowshoe or hiking trip, including
activities preliminary and subsequent thereto. I do hereby agree to release
and hold harmless, Mountain Vista Touring, its agents and employees, from any
and all liability, including by not limited to, negligence or reckless misconduct,
resulting in property damage, personal injury, or wrongful death, which I now
have or which may arise in the future in connection with my trip or participation
in other associated activities.
I expressly agree that this release and waiver agreement is intended to be as
broad and inclusive as permitted by the law of the State of Utah and that is
any portion thereof is held invalid, it is agreed that the balance shall, not
withstanding, continue in full legal force and effect. This release contains
the entire agreement between the parties hereto and the terms of this release
are contractual and not a mere recital. The Venue of any dispute that
may arise out of this agreement or otherwise between the parties to which Mountain
Vista Touring or its agents is a party shall be The District Court of Summit
County, Utah.
By signing below, I hereby acknowledge that I have read this document carefully,
and I sign this release as my own free act, understanding that this RELEASE
is a legally binding agreement.
PRINT NAME:_________________________________________________________________________________
SIGNATURE:__________________________________________________________________________________
DATE:________________________________________________________________________________________
SIGNATURE OF LEGAL GUARDIAN (IF CLIENT IS UNDER THE AGE OF 18)
PRINT NAME:_________________________________________________________________________________
SIGNATURE:________________________________________________________________________
DATE:______________________________________________________________________________