Liability Waiver

RIMROCK ADVENTURES, L.L.C.
ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF
LIABILITY AND PARTICIPANT REGISTRATION FORM

WARNING: Although precautions are taken to provide proper organization, supervision, instruction and equipment for your participation in our program, there can be no guarantee of absolute protection against injury and unforeseeable accident. We’ll do our best to make your experience safe and enjoyable, but there are elements of risk in any adventure, sport or program involving the outdoors, wilderness, or animals, including but not limited to hiking, horseback riding, canoeing, rafting, and other activities available at Rimrock Adventures L.L.C (referred to herein as “activity”). I acknowledge that I may decline to participate in any activity.

ACKNOWLEDGEMENT OF RISKS: I recognize that there are inherent dangers in the activity and that the risks may result in serous injury or death due to hazards which include but are not limited to the following:

HIKING/CAMPING: 1) Falls; 2) Cold weather related injuries; 3) Heat related illnesses, including heat exhaustion and heat stroke; 4) Altitude related sickness, including acute mountain sickness, pulmonary edema, and/or cerebral edema; 5) An “act of nature” which may include avalanche, rock fall, crevasse fall, and severe temperature or winds; 6)River crossings or travel, including travel to or from the activity; 7) Risks associated with crossing, climbing, or down climbing rock, snow or ice; and 8) Varied diet and water source and the presence of insects or wild animals

PRESENCE OR USE OF SADDLE ANIMALS: 1) Uneven, unstable, wet, or slippery ground or road surfaces, trees, branches, rocks, stones, gravel, mud, water, and/or objects on the ground or roadway; 2) Inclement weather, thunder and lightning, variances and severity of wind, temperature and weather conditions; 3) The presence of motorized and non-motorized vehicles, other horses and riders; 4) Movement, holes, and contact with objects which may frighten or cause an animal to rear, buck, bolt, run or otherwise move unpredictably and with force.

USE OF WATER CRAFT: 1) Changing water flow or currents, trees, branches, rocks and boulders, and submerged and/or semi-submerged objects; 2) Varying wind and weather conditions, the stability characteristics of my water craft, and my physical coordination and ability to control the craft or follow directions; 3) Getting into or out of the water craft; 4) Collisions, capsizing or sinking, which can result in getting wet, injured, exposed to the elements, and/or drown.

I REALIZE THAT 1) personal property may be damaged or lost; 2) certain foreseeable and unforeseeable events, including equipment malfunction or failure, can contribute to the unpredictability of the risks, damages, and hazards of the activity; 3) I may suffer accidents or illnesses in remote places where there are no available medical facilities; 4) travel to or from an activity presents its own hazards; 5) I should ask about other potential risks, danger, and hazards and recommended precautions and procedures; and 6) wearing appropriate clothing and footwear for all activities and a U.S. Coast Guard approved Personal Floatation Device while in or on the water are basic safety precautions.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I and any minor children for which I am responsible will engage in, I confirm that I am (we are) physically and mentally capable of participation in the activity and/or using equipment. I/We participate willingly and voluntarily, and I assume full responsibility for personal injury, accidents or illness, including death, whether contributory or comparative, and for damage to or loss of my/our personal property, and any expenses incurred. I assume the risks of personal injury, accidents and or illness, including but not limited to sprains, abrasions, and/or contusions, dehydration, oxygen shortage (anoxia), exposure, and/or altitude sickness; head, neck and/or spinal injuries, animal bites or sting, insect bite, allergic reaction, shock, paralysis, drowning, and/or death and acknowledge that during the activity I/We may experience fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident. I/We will wear a life jacket while in or on any raft or canoe. If using a tube, participants who are not competent swimmers will wear a life jacket. I/We will use the “buddy system” for swimming or tubing.

RAFTING, HORSEBACK RIDING, CAMPING AND HIKING WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS. 

1. The person who is participating in rafting or other Activity shall be referred to as “Participant”. “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant I under the age of 18. “Released Parties” means RRA CO LLC and any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members and shareholders. The “Activity” means taking part in rafting, hiking, camping, horseback riding, boating, paddling, fishing, swimming, wading, hiking, climbing on rocks and slopes, portaging and traveling to and from Activity site(s), activities on or the use of facilities of Released Parties, and the use of Released Parties’ equipment.
2. Risk of Activity. Undersigned agree and understand that taking parting in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH TO PARTICIPANT AND OTHERS. Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risk and dangers of the Activity include, but are not limited to: drowning, cardiac arrest, being thrown from boat or raft, boat or raft capsizing, becoming entrapped in rocks causing drowning or other injury, hypothermia, cold water immersion, reaction to cold water, difficulty in rescue  and injuries caused by poor decisions or mistakes made by others including guides and other participants, choice of difficulty of rapids, errors in food storage or preparations, encountering dangerous wildlife or insects, flora & fauna, hidden underwater obstacles, trees or above water obstacles, coming into contact with equipment, slippery terrain and falling, changing and unpredictable currents, holes, exposure, improper use of lack of equipment, jumping or falling off rocks, carrying rafts and other equipment, dehydration, heat exhaustion, sunburn, extreme physical demands and exertion, exhaustion, lack of or difficulty in instruction, lack of or difficulty in communication, lack of or inaccessible medical attention or equipment, defective equipment, misuse of equipment, chose of course or Activity, negligence or poor decisions of guides, changing weather or water conditions, Participant’s poor health or physical condition, known or latent health conditions (including cardiac conditions), mental distress or panic from exposure to any one of the above, misunderstanding or underestimation of risk and abilities. INCLUDES PRESENCE OR USE OF SADDLE ANIMALS: Uneven, unstable, wet, or slippery ground or road surfaces, trees, branches, rocks, stones, gravel, mud, water, and/or objects on the ground or roadway; Inclement weather, thunder and lightning, variances and severity of wind, temperature and weather conditions; The presence of motorized and non-motorized vehicles, other horses and riders; Movement, holes, and contact with objects which may frighten or cause an animal to rear, buck, bolt, run or otherwise move unpredictably with force; Falls; Cold weather related injuries; Heat related illnesses, including heat exhaustion and heat stroke; Altitude related sickness, including acute mountain sickness, pulmonary edema, and/or cerebral edema; An “act of nature” which may include avalanche, rock fall, crevasse fall, and severe temperature or winds; River crossings or travel, including travel to or from the activity; Risks associated with crossing, climbing, or down climbing rock, snow or ice; and Varied diet and water source and the presence of insects or wild animals.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTIONS OF THE RISK LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, Undersigned agree as follows:

• UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES. With respect to any and all claims and causes of action of any nature whether currently known or unknown, which Undersigned, or any of them have or which could be asserted on behalf of Undersigned in connection with Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, negligent misrepresentation, other tort claims, premises liability, breach of warranty, breach of fiduciary duty, statutory violations, breach of contract and wrongful death.
• Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to Participant’s participation in the Activity. Such obligation on the part of Undersigned shall survive the period of Participant’s participation in the Activity.
• Assumption of Risk. Undersigned agree an understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties. Undersigned acknowledge that participation in the Activity is voluntary and that Undersigned can choose not to participate in the Activity. Undersigned also acknowledge that Participant is physically and mentally capable of participating in the Activity, yet there is a possibility that Undersigned may underestimate his/her own abilities, and may have physical or mental conditions that may increase chances of injury or death. By signing this document, Undersigned recognize that property loss, injury and death are all possible while participating in the Activity.
• RECOGNIZING THE RISKS AND DANGERS, UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISK AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT KNOWN, DESCRIBED ABOVE, INHERENT, OR OTHERWISE.

4. Minor Acknowledgement. In the case of a minor Participant, Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but is also signing on behalf of the minor and that the minor shall be bound by all the terms of the Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents he/she is at least 18 years old. If signing as the parent or guardian of a minor Participant, signing adults represents that they are the minor’s legal parent or guardian.
5. Medical Care. Undersigned authorize the Release Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital. Undersigned agree to pay all costs associated with such medical care and related transportation.
6. Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) the Agreement shall be governed by the laws of the state of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Mesa County, Colorado
   

BE AWARE: Under Colorado law, an equine professional is not liable for injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Section 13-21-120, Colorado Revised Statutes.

THE FOLLOWING SECTION ONLY APPLIES TO CUSTOMERS WHO ARE RENTING EQUIPMENT OR PARTAKING IN SELF-GUIDED TRIPS AND RENTALS.  I acknowledge that this river running activity has inherent risk, hazards, and dangers for any rafter, kayaker, or canoeist that cannot be eliminated, particularly in a wilderness environment.

I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

• Risks arising from rafting in fast moving, cold, snowbelt rivers in rocky gorges which are not maintained or controlled where foreseen and unforeseen hazards exist such as rapids, river obstructions such as trees and rocks, changing river levels, falling rocks or objects, loose rocks, rock slides, wild or domestic animals and changeable and unpredictable weather.
• Risk involved in transport to and from river rafting site including motor vehicle transportation, hiking to the put in site on rocky, loose soil and those connected with assistance in removal from river due to injury, weather, or other circumstances.
• Risk connected to my physical condition and the risks of swimming cold, fast moving water with obstructions and moving along the river bank sometimes over steep, rocky terrain.
• Risk connected to the improper operation of the river rafting equipment provided for my use a s a part of the activity and the actions of other participants or individuals not connected with RIMROCK ADVENTURES, but who are on the river.
• I will not operate any vessel, rented from Rimrock Adventures, under the influence of drugs or alcohol.

I acknowledge that I have had the opportunity to discuss the river rafting activity with the appropriate people and to ask questions relative to the use of the rental items and possible hazards and perils which may be present during  the activity to my satisfaction in order to make a sound decision relative to my participation in this activity. In consideration of RIMROCK ADVENTURES, making arrangement for assisting me in participation in the river rafting activity. I hereby assume and accept any and all risks of injury, paralysis, or death with full knowledge of the risks, hazards, and dangers connected with this activity.

By signing below I am hereby assuming all risks and assume liability for all people using any rentals under this agreement.  I have notified those who are using or joining as a passenger and made them aware of the risks of rafting and assume all liability of those utilizing the items rented.

Lastly, I, for myself, my heirs, successors, executors and subrogers, herby knowingly and intentionally waive and release, indemnity and hold harmless Rimrock Adventures, its officers, agents, employees and volunteers from and against any and all claims, actions, causes of negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis or death to me or my property as a result of my participation in this activity whether such damage, loss, injury, paralysis or death results from negligence of Rimrock Adventures its officers, agents, employees and volunteers or from some other cause.

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.

COVENANT OF GOOD FAITH: I recognize that you, as provider of services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group, and/or refuse or terminate the participation of any person you judge to be incapable of meeting the rigors or requirement of participation in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been with respect to objectives.

AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of my injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.

RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am a parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, do hereby release RIMROCK ADVENTURES, L.L.C., its principles, directors, officers, agents, employees, and volunteers, and to each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted from all liability and waive all claim for damages arising from any cause whatsoever (except that which is the result of gross negligence).

BE AWARE: Under Colorado law, an equine professional is not liable for injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Section 13-21-120, Colorado Revised Statutes.

RELEASE AGREEMENT

I HAVE READ THE FOREGOING ACKNOWLEDGEMENT OF RISKS, ASSUMPTIONS OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I MAY BE WAIVING VALUABLE LEGAL RIGHTS.

Electronic Signature Agreement.
By signing below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By signing and submitting you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Rimrock Adventures, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Rimrock Adventures. You also represent that you are authorized to enter into this Agreement and that you will be bound by the terms of this Agreement.

Consent to Electronic Delivery.
You specifically agree to receive and/or obtain any and all Rimrock Adventures y "Electronic Communications" (defined below). The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Rimrock Adventures. You accept Electronic Communications provided via Rimrock Adventures as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

Paper version of Electronic Communications.
You may request a paper version of an Electronic Communication in lieu of signing this and any future agreements electronically. To request a paper copy of an Electronic Communication please send us notice, signature required, certified mail ATTN: Rimrock Adventures, 927 Highway 340, Fruita, CO 81521.

Revocation of electronic delivery.
You have the right to withdraw your consent to receive/obtain communications via Rimrock Adventures at any time. You acknowledge that Rimrock Adventures reserves the right to restrict or terminate your access to our goods and services if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, please send us notice, signature required, certified mail ATTN: Rimrock Adventures, 380 28 Road, 927 Highway 340, Fruita, CO 81521.