LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
This Document Affects Your Legal Rights, Read It Carefully.
In exchange for permitting my participation in an Adventure and related activities organized by Wilderness Trio, I, the undersigned (hereinafter referred to as the “Member”), agree to the following:
All trip Members must complete a trip Liability Release and Assumption of Risk Agreement, which will be emailed to you upon successfully booking your reservation for a Wilderness Trio Adventure.
- Your obligations as a trip Member
By participating in a Wilderness Trio Adventure, you assume certain obligations to Wilderness Trio and the other trip members. It is your responsibility to:
- Understand the conditions implied in the activity level rating of your selected Adventure
- Select an Adventure that is appropriate to your interests and abilities
- Prepare for the Adventure by familiarizing yourself with the trip itinerary and trip preparation materials sent to you by Wilderness Trio
- Bring appropriate gear and clothing as advised by Wilderness Trio
- Follow considerate social behavior with other trip members and respect their beliefs and views
- Respect the places we visit by following all posted rules and warnings, and further agree to follow any oral instructions or directions by your trip leader.
- Medical considerations: If you have any medical or psychological conditions, it's very important you let us know well before departure so that we can make extra arrangements if necessary. Trip leaders have the right to disqualify anyone at any time during the adventure if they feel the trip member is mentally or physically incapable to continue and/or if a trip member's continued participation jeopardizes the group's or his/her own safety. Under these circumstances refunds are not given.
a. Wilderness Trio is not a medical facility and therefore has no responsibility regarding medical advice, medications or inoculations that you or your doctor deem necessary for your safe participation.
b. Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult and expensive. Wilderness Trio assumes no liability regarding provision of medical care. By signing the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.
Wilderness Trio reserves the right to decline to accept or retain any person as a trip participant should such person's behavior, health or mental condition impede the operation of the trip.
OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY
Wilderness Trio may contract with independent contractors to provide transportation, guide services and/or all other related travel services. Wilderness Trio assumes no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: - acts of God - detention - annoyance - terrorism - thefts - pilferage - force majeure - civil disturbances - government restrictions or regulations - strikes - delays and expenses arising from quarantine - failure of any means of conveyance to arrive or depart as scheduled - discrepancies or change in services over which we have no control.
Cancellations on adventures
If you decide to cancel your trip, the following fees apply at the time (prior to departure) we receive written notice of your cancellation. Refund policy is as follows:
- 72 hours of us receiving your deposit: 100% refund
- 15+ days prior to trip departure: 25% of the deposit can be transferred to a friend or family member going on the adventure or 50% of the deposit can be applied to one future trip
- 0-14 days prior to trip departure: No refunds as we have already hired on the appropriate adventure specialist and have invested money into you attending the trip.
Cancellations on gear rentals
If you decide to cancel your reservation on gear rentals, the following fees apply. Refund policy is as follows:
- 72 hours of us receiving your deposit: 100% refund
- 7+ days prior to anticipated pick up date: 50% refund
- 0-6 days prior to anticipated pick up date: No refunds
Wilderness Trio reserves the right to consider refunds during the 0-14 day period on a circumstantial basis. All refunds will be at Wilderness Trio's sole discretion.
Full payment is due 10 days prior to trip departure date. Your payment balance will be based on the full list price, minus deposit and any applicable discounts.
If Wilderness Trio Cancels a Trip
Wilderness Trio reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at Wilderness Trio’s sole discretion.
We reserve the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of trip members. By booking a reservation to a Wilderness Trio Adventure, the Member thereby agrees to be bound by the above terms and conditions.
It is our standard policy to reschedule any trips canceled due to unforeseen circumstances within two weeks from the original trip date. In this instance any trip member not able to attend will be afforded a full refund less the initial deposit.
All participants must sign the following Release of Liability, Assumption of Risk and Indemnification Agreement. A copy of this form will be emailed to you upon booking your reservation.
Release of Liability, Assumption of Risk and Indemnification Agreement
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Wilderness Trio, LLC, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Wilderness Trio, LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that hiking, backpacking, rock climbing, skiing, ski mountaineering and mountaineering 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.
The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rockfall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risks of falling off the rock, mountain or into a crevasse; the risks of exposure to insect bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; my own physical condition, and the physical exertion associated with this activity.
Furthermore, Wilderness Trio, LLC. members, owners, volunteers, and employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I agree to give permission to Wilderness Trio, LLC. members, owners, volunteers, and employees permission to treat wounds to the best of their ability until professional medical help arrives or is available. I understand that Wilderness Trio, LLC will not be held liable for any wounds or injuries further affected due to a misjudgment or mishandling of treating said wound or injury.
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 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Wilderness Trio, 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 Wilderness Trio LLC.’s equipment or facilities, including any such claims which allege negligent acts or omissions of Wilderness Trio, LLC.
Should Wilderness trio, LLC. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
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.
In the event that I file a lawsuit against Wilderness Trio, LLC., I agree to do so solely in the County of Orange, the state of California, and I further agree that the substantive law of California 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.
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 Wilderness Trio, LLC. on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.