Please complete this form as many times as participants taking part in the trip
Waiver, Release, and Hold Harmless Agreement
THIS DOCUMENT IS A LEGAL CONTRACT
This document is a binding contract between Eagle Cap Mountain Guides, LLC, an Oregon limited liability company, its agents, members, employees, contractors, and all other persons associated with or acting on behalf of Eagle Cap Mountain Guides, LLC, and Victor McNeil, individually, (“ECMG LLC”) and the undersigned, the participant in a hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering, snowmobiling, and other related activities, including training courses, (“the activities”).
In consideration of the services provided by ECMG, LLC, I agree as follows:
ECMG LLC has informed me there are significant elements of risk in any of these activities. Certain risks are inherent in each activity, which risks can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. The following describes some, but not all, of the inherent risks while participating in these activities.
- Transportation (before, during and after the activities) by plane, helicopter, automobile, van, bus, taxis, truck, train or other motorized transport can all have significant risks associated with them including bodily injury, death and loss of property.
- Pack and riding animals used for carrying gear and for riding in some circumstances, for example; camels, yaks, mules, lamas, horses and other pack animals can bite, kick, gore with horns, become uncontrolled, push or knock gear or people off trails or other terrain.
- Injury or Illness caused by, but not limited to, contaminated or untreated water, wild, dangerous or poisonous animals and plants, bites from disease carrying insects, different standards of living conditions, different foods or difficulty maintaining hygiene, travel in remote areas with poor or no access to emergency and/or medical services.
- Slipping or falling: Travel by foot (including to, during and from the activities) over uneven rugged unpredictable trail and off-trail terrain, including but not limited to, boulder fields, downed timber, river crossings, high mountain passes, snow and ice, glaciers, crossing crevasses and snow bridges, steep slopes, and slippery rocks may result in slips and falls which may cause pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, punctures, fractures, concussions, or even more severe life threatening injuries and death.
- Being struck by avalanches, rock fall, icefall, or other objects dislodged or dropped from above can cause severe injuries or death.
- Glacier travel hazards include falling into a crevasse or breaking through a snow bridge resulting in a crevasse fall which can cause injuries due to the fall or objects hitting you during and after your fall, and exposure to cold and hypothermia.
- Camping hazards including open flame stoves, burns, tent fires, carbon monoxide poisoning, food and water related illnesses.
- Inclement weather and rapid changes in weather, including mountain storms, severe cold or heat, extreme winds, limited visibility, electrical storms or lightning, snow, hail, ice, rain and sleet can cause difficult and dangerous situations greatly increasing risk.
- Extreme heat and heat related illnesses, including heat exhaustion and heatstroke.
- Extreme cold or cold injuries such as hypothermia, frostnip or frostbite that may result in loss of limbs, digits and permanent scarring.
- Altitude related sicknesses and conditions including but not limited to AMS (acute mountain sickness), Pulmonary Edema, Cerebral Edema and retinal hemorrhaging.
- Dehydration related injuries or illnesses.
- Damage, failure, loss or misuse of equipment can lead to loss or damage to equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death; some causes but not all include environmental, such as extreme cold or heat, rock fall, ice fall, avalanches, high winds.
- My own and third parties’ physical capabilities/limitations and the physical exertion associated with the activities, which may contribute to loss of balance; physical coordination and inability to follow instructions.
- The actions or inactions of other participants in the group or third parties that may contribute to the risk.
- An “act of God”, or uncontrollable act of nature including, but not limited to, avalanche, icefall, rockfall, earthquakes, floods and extreme weather.
- Transmissible pathogens or diseases
I certify that I AM FULLY CAPABLE of participating in this activity and I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety and the safety of all minor children in my care, custody, and control while participating in these activities. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury, death or loss of property.
I acknowledge that the staff of ECMG LLC has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks. Therefore, I agree to assume and accept full responsibility for myself and my family, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my own negligence while participating in these activities. I hereby agree to release, indemnify, and discharge ECMG LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in travel, hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities, both domestic and foreign, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured climbing and mountaineering helmet, when directed to, while participating in this activity.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ECMG LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ECMG LLC’s equipment or facilities, including any such claims which allege negligent acts or omissions of ECMG LLC.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I hereby authorize any medical treatment or rescue deemed to be necessary. I hereby give permission for transportation to any medical facility or hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for myself and all minor children in my care, custody and control while participation in these activities. I hereby authorize the release of any medical information in the possession of ECMG LLC to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse or other such person rendering care on my behalf. I hereby waive any action or claim against ECMG LLC or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information.
In the event that I file a lawsuit against ECMG LLC, I agree to do so solely in the state courts of Oregon, 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. 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 of a claim being brought to enforce rights under this release, the prevailing party shall be entitled to recover its costs and expenses, including but not limited to reasonable attorneys’ fees. I have had sufficient opportunity to carefully read this entire document and clearly understand and voluntarily agree to be bound by its terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, successors in interest, personal representative, and estate.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ECMG LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at ECMG LLC.