RELEASE AND INDEMNITY AGREEMENT
Please read carefully before signing. RED TAIL ADVENTURES, LLC does not guarantee your safety. As set forth below, you are taking all responsibility for your safety and the safety of your child(ren) while participating in this activity. Serious injury and or death may result from your participation. After careful review, if you wish to accept the terms of this Agreement, please sign below. If you are signing this Agreement as a parent or guardian on behalf of a minor, this Agreement is also binding on the minor for whom you are signing and the heirs, representatives, successors, and assigns of the minor.
Each participant named (each a “Participant”) desires to participate in the tour(s) listed thereon. As a condition to and as part of the consideration for such participation, each Participant KNOWINGLY AND VOLUNTARILY WAIVES, RELEASES, ASSUMES THE RISKS, SAVES, HOLDS HARMLESS, AGREES NOT TO SUE, and INDEMNIFIES RED TAIL ADVENTURES, LLC, A NEVADA LIMITED LIABILITY COMPANY, and any partners that may participate in said tour(s) and each of their principals, guides, agents, volunteers, employees, members, managers, officers, attorneys and contractors, past, present and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”), and all of their respective properties, assets and interests (“Released Property”) from any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen or unforeseen, anticipated or unanticipated, loss of life or personal injury, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, or arising out of, a Participant’s participation in the programs/tours (collectively, “Claims”).
IT IS MY/OUR INTENTION THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL OF THE CLAIMS WITHOUT LIMIT AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, ON ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES OR ANY OTHER PERSON. Participant’s indemnity obligations, however, shall not apply to any Claims that are caused solely by the gross negligence or intentional acts or omission of a Released Party.
I understand the effect of my signing this document is that each Participant: (i) assumes all risk of injury, death, or property damage Participant or any person for whom Participant is signing, might suffer as a result of participation in the activity/tour/program, even if it occurs as a result of the negligence or other fault of any Released Party herein or other person; (ii) absolves and releases the Released Parties, and each of them, from the consequences of their negligence and/or other fault; (iii) will indemnify and defend the Released Parties against any Claims; and (iv) gives up any right to sue any Released Party.
Each Participant acknowledges that they have read the information provided pertaining to this tour, including all terms, conditions involving deposits, refunds, cancellations, liability and responsibility in which Participant wishes to participate, and understands, consents to and agrees to be bound by the conditions and provisions stated in those policies. Except for the health matters listed on the reverse, each Participant is in good physical health and able to tolerate the physical demands of the program/trip/tour.
Any controversy or claim arising out of or relating to this Agreement or the performance hereunder, including, without limitation, any claim relating to bodily injury, property damage or death, shall be determined and settled by arbitration in Incline Village, Nevada, in accordance with the rules of neutral arbitration applying the laws of state of Nevada. Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the release and indemnity stated in this Agreement.
I have read and understand this Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me and on my heirs, legal representatives and assigns. Liability by a Participant under this Agreement shall be joint and several. If any provision of this Agreement is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from this Agreement without affecting the remaining provisions hereof. The terms of this Agreement are contractual and not mere recitals. THIS WAIVER AND SAVE HARMLESS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEVADA DESPITE THE LOCATION OF THE ACTIVITY/PROGRAM/TOUR.