HIKER PARTICIPATION WAIVER
In consideration for my acceptance as a participant in a Hike for Life Hike (“Hike”), and the services and amenities to be provided by Hike for Life in connection with the Hike, I confirm my understanding of this Agreement in that:
I will be participating in outdoor activities in an uncontrolled environment that may be dangerous. I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Hike and cannot be eliminated without destroying the unique character of the Hike. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries”) and Hike for Life has not tried to contradict or minimize my understanding of these risks. It is not possible for Hike for Life to make hiking completely safe or to predict with complete assurance whether any conditions are safe.
Injuries can occur by natural causes; weather conditions; animals; activities of other hikers, Hike for Life or third parties as well as other unforeseen circumstances. Risks of Injuries are inherently involved in activities such as the Hike and that I may have to exercise extra care for my own person and for others around me in the face of such hazards. There may be no medical help on the Hike. If medical help is available, I give my permission for Hike for Life and its agents to admit me or my family member(s) for emergency medical treatment that may become necessary during the Hike.
I take full responsibility for my own well-being. No one but me is responsible for my safety if I choose to challenge my capabilities or personal health conditions. I take responsibility for having the skills, physical conditioning, and equipment needed for these activities. If I decide to leave early and not to complete the Hike as planned, I assume all risks inherent in my decision to leave and waive all liability against Hike for Life arising from that decision. Likewise, if the Hike has concluded, and I decide to go forward without Hike for Life or its agents, I assume all risks inherent in my decision and waive all liability against Hike for Life arising from that decision.
I understand that Hike for Life reserves the right to take photographic, digital or film records of any Hikes and hereby agree that Hike for Life may use any such records for promotional and/or commercial purposes, and I approve such use by third parties with whom Hike for Life may engage in joint marketing, without any remuneration to me. I assign all right, title, and interest I have in to any and all media in which my name or likeness might be used by Hike for Life.
Any dispute arising from this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws, and shall be decided solely and exclusively by State of Federal courts located in El Paso County, Colorado. Any party who unsuccessfully challenges the prevailing in any such dispute shall be awarded its attorneys’ fees. This Agreement is intended to be as broad and inclusive as permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected.
To the fullest extent allowed by law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Hike for Life and its agents from any and all liability on account of, or in any way resulting from Injuries, even if Hike for Life or its agents are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct. I further agree to HOLD HARMLESS Hike for Life and its agents from any Injuries caused by my own negligence while a participant on the Hike. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Hike.
If the guest cancels more than 48 hours before the scheduled start time they will receive a full refund.
If the guest cancels between 48 and 24 hours they will receive a 50% refund.
If the guest cancels less than 24 hours before the scheduled start time there is no refund.
If the guide cancels the hike prior to starting for weather or safety reasons the guest will receive a full refund.