RELEASE OF LIABILITY, WAIVERS OF CLAIMS, ASSUMPTIONS OF RISK
AND INDEMNITY AGREEMENT
Please note that by signing this agreement you give up the right to sue for any injury or damages, howsoever caused.
TO: Bigfoot Backpack Rentals (“the Company”) and its directors, officers, employees, representatives and agents (collectively called “the Agents”).
I hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns.
1. Cancellation policy: No charge for cancellations up to 48hrs before booking date. Cancellations within 48hrs are non-refundable. In case of no-show, 100 percent of the total amount paid will be charged.
2. Damage or Loss: Repairs of the product will be billed at the discretion of the company if the product is damaged during rental period. Loss or theft of the rental product(s) will be billed at the retail value.
3. I agree as a precondition to my participation in all events organized by “the Company” and/or “the Agents” including, but not limited to rental of equipment (collectively referred to as “the Activities”) and in further consideration of “the Company” allowing me to do so, that I will be strictly bound by the terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (“the Agreement”).
4. I acknowledge that “the Activities” involve inherent risks and dangers that may cause serious injury and possible death to participants.
5. I fully understand the risks and dangers associated with my participation in “the Activities” and accept them entirely at my own risk.
6. I hereby waive any and all claims which I may have against “the Company” and “the Agents” and release “the Company” and “the Agents” from all liability for injury, death, property damage, or any loss sustained by me as result of my participation in “the Activities”, due to any cause whatsoever; including negligence, breach of contract, or breach of any statutory or other duty of care by “the Company” and/or “the Agents”.
7. I appreciate that “the Agreement” limits the liability of “the Agents” to the same extent as it limits the liability of “the Company”, even though the “the Agents” are not formal parties to “the Agreement”.
8. I understand the rental fees are based on the number of days the equipment is in my possession. Charges for the additional day commence at 8pm on the last day of the original booking. I will pay the additional charges for returning late equipment. Inclement weather conditions and lack of use of the equipment I rent will not change the rental fee in any way.
9. I agree to show photo identification and sign an approved credit card authorization as deposit for the rented equipment for the value of the equipment. If the equipment is not returned or is returned damaged, this deposit may be used to replace/repair the equipment.
10. I understand that backcountry camping, and/or hiking (“the Activities”) involved many risks and hazards.
ASSUMPTIONS OF RISKS – BACKCOUNTRY, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER
I am aware that participation in wilderness activities involved many risks, dangers and hazards. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards. These may include, but are not limited to: crevasses; cliffs; trees; tree stumps; forest deadfall; creeks; rocks; rockfall; cerebral edema; equipment failure; encounters with dangerous flora and fauna; impact or collision with other persons; becoming lost or separated from one’s party; negligence of other persons; encounters with dangerous wildlife. I WILL NOT BE NEGLIGENT IN MY USE OF THE RENTAL EQUIPMENT AND PROMISE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT MYSELF FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES.
I AM 19 YEARS OF AGE OR OLDER, AND I HAVE READ AND UNDERSTAND “THE AGREEMENT”. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE “THE COMPANY” AND/OR “THE AGENTS” AND THAT IT CONSTITUTES A RELEASE OF LIABILITY AND AN INDEMNITY FOR ALL CLAIMS. IF I AM THE PARENT OR GUARDIAN OF THE PARTICIPANT I HAVE READ AND UNDERSTAND AND EXECUTE “THE AGREEMENT” ON BEHALF OF CHILD/WARD.
I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST “THE COMPANY” AND/OR “THE AGENTS”.