Guest Waiver

AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY

AGREEMENT NOT TO SUE & TO INDEMNIFY

In consideration of being permitted to participate in a scenic tour with Best Park Tours, LLC, (hereinafter “Best Park Tours”), I, the Participant (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

  1. Acknowledgment of Dangers and Risks: I understand, acknowledge, and agree that participating in a scenic tour with Best Park Tours (hereinafter the “Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121, et seq.) and that participating in the Activity involves certain dangers that could cause physical or emotional injury or death, which cannot be eliminated or controlled by Best Park Tours, including but not limited to: a) Encounters wildlife such as insects, reptiles, birds, bears, moose, bison, wolves, and other potentially dangerous animals, which could result in bites, stings, scratches, attacks, exposure to disease, allergic reactions, or property damage; b) Risks associated with transport in a motor vehicle, including crashes; risks associated with riding in a vehicle in remote terrain on backcountry unimproved roads; overturning of a vehicle; unmaintained and hazardous roads; and lapse in driver judgment or skill; c) Risks associated with participating in outdoor activities with other participants and relying upon guides, including slipping, tripping or falling; falling trees, limbs, rocks, or other objects; changing weather; inadequate or malfunctioning equipment; errors in guide judgment or lapse in guide skill; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein.
  2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so and freely choose to accept the risks of participating in the Activity. I expressly assume all inherent risks, dangers, and consequences of the Activity.
  3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me and agree to follow all guide instructions at all times while engaging in the Activity. I acknowledge that if I consume drugs or alcohol, I will bear sole responsibility for myself and for any damages I may cause to Best Park Tours, its property, or to other guests, and I may be removed from participation in the Activity.
  4. Release of Liability and Agreement Not to Sue: I HEREBY AGREE NOT TO SUE BEST PARK TOURS, LLC, its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, contractors, and shareholders (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this Activity.
  5. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence, recklessness, or willful misconduct).
  6. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence.
  7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. I represent that I am a legal parent or guardian of the minor Participant, and I will indemnify the Released parties for any damage caused to them if this representation is false.
  8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.
  9. Agreement to Application of Wyoming Law and Selection of Forum: I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Wyoming law, and that the exclusive jurisdiction for any such claim shall be in the Ninth Judicial District Court, Teton County, Wyoming, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
  10. Miscellaneous Provisions: I agree that Best Park Tours may utilize my photograph or video of me participating in the Activity for any purpose and that any such image is the property of Best Park Tours. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by Best Park Tours during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that Best Park Tours is not in a joint venture with any such vendor or subcontractor. I agree that Best Park Tours is not a common carrier

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

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