ATTENTION PARTICIPANT: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. BEFORE SIGNING, MAKE SURE THAT YOU READ AND UNDERSTAND THE DOCUMENT AND THE TERMS HEREIN
PARTIES INVOLVED
This Release Of Liability (“ROL”) is entered into on the date entered by an individual (“Participant”), and Social Adventures, LLC, a Nevada LLC, and the parent company of “THE SIX-PACK OF PEAK CHALLENGE”, including, but not limited to “Southern California Six-Pack of Peak Challenge”, “Colorado Rockies Six-Pack of Peaks Challenge”, “Central Oregon Six-Pack of Peaks Challenge”, “Northern California Six-Pack of Peaks Challenge”, “New England Six-Pack of Peaks Challenge”, “Arizona Winter Six-Pack of Peaks Challenge”, “Arizona Summer Six-Pack of Peaks Challenge”, “Pacific Northwest Six-Pack of Peaks Challenge”, “Utah Six-Pack of Peaks Challenge”, “Las Vegas Six-Pack of Peaks Challenge”, “California Central Coast Six-Pack of Peaks Challenge”, “San Francisco Bay Area Six-Pack of Peaks Challenge”, “Lake Tahoe Six-Pack of Peaks Challenge”, “Adirondacks Six-Pack of Peaks Challenge”, “New Mexico Six-Pack of Peaks Challenge”, “Appalachian Six-Pack of Peaks Challenge”, and “12-Week Hike-Fit Challenge”.
EACH PARTY SHOULD BE AWARE THIS IS A LEGAL AGREEMENT BETWEEN THE PARTICIPANT AND SOCIAL ADVENTURES. ACCEPTANCE OF THESE TERMS ALLOWS PARTICIPATION IN SOCIAL ADVENTURES SERVICES AND WEBSITE. SUCH TERMS MAY BE MODIFIED AT ANY TIME BY GIVING ALL PARTICIPANTS PROPER NOTICE. SHOULD A PARTICIPANT NOT AGREE WITH THE BELOW TERMS, THEY ARE UNDER NO OBLIGATION TO PROCEED, AND ARE UNDER NO UNDUE INFLUENCE, COERCION, OR ANY DURESS TO ENTER INTO THIS AGREEMENT. IF A PARTICIPANT DOES NOT AGREE TO THE BELOW TERMS, THEY SHOULD NOT USE OR ACCESS SOCIAL ADVENTURES SERVICES.
PRELIMINARY STATEMENTS AND DISCLAIMERS
Social Adventures, LLC (“Social Adventures” is a Nevada Limited Liability company that provides information on a variety of outdoor activities in a variety of different geographic locations. Social Adventures is not a guide service. Social Adventures is not an event coordinator. Social Adventures is not a travel guide, nor travel planning service, nor travel agent. Social Adventures is not a part of any local, state, or federal government. Social Adventures is a for profit entity that provides information on outdoor activities as listed on its website.
The Participant is an individual with an interest in the outdoors, which may include, but is not limited to travel, hiking, mountaineering, trail running, walking, or photography.
“Travel”. Travel is defined as an activity that requires that Participant to leave their own residence via automobile, public or private, bus, public or private, train, boat, plane, or by human powered means to go to a separate location that is not their own residence. Travel is a hobby that carries many costs and inherent risks. At no time does Social Adventures assume any of the costs or risks that the Participant assumes in leaving their own residence. Such costs include monetary costs incurred in leaving a residence by any means. Such costs also include, but are not limited to losses suffered by delays in engaging in the hobby, injuries incurred by the Participant in leaving the home, either foreseeable or unforeseeable, and acts of God that may occur at any time once the Participant has left their own home. At no time does Social Adventures assume any liability for any risk, injury, disability, death, or other item arising from, through, or in the exercise of travel.
“Hiking”. Hiking is defined as an activity that involves an individual walking on maintained or unmaintained trails on public lands, meaning lands that are owned by a local, state, or federal governmental unit, i.e., not land owned by a private party. Hiking is a hobby that carries many costs and inherent risks. Hiking is a sport that requires a general level of fitness; and the Participant is aware that based upon their level of fitness, hiking may be a strenuous activity. The Participant is aware that Social Adventures or its agents will provide them with a description of the location, and a description of the hike; but such descriptions are to be considered generalizations, and not an exact representation of the conditions present; or the fitness level of Participant. Further costs include, but are not limited to the Participant providing his or her own equipment, and maintaining his or her own equipment.
The Participant is aware that at all times, they are responsible for their own equipment no matter what location they are at and that Social Adventures is not liable for any damage, destruction, theft, or any other problems relating to Participant’s equipment. Hiking is an activity that also carries with it inherent risks, including, but not limited to death, disability, or other injury. Such risks are both foreseeable, and unforeseeable, and also occur in a variety of means including, acts of God. At no time does Social Adventures assume any liability for any risk, injury, disability, death, or other item arising from, through, or in the exercise of hiking.
“Mountaineering”. Mountaineering is defined as an activity that involves an individual walking on maintained or unmaintained trails on public lands, meaning lands that are owned by a local, state, or federal governmental unit, i.e., not land owned by a private party. Mountaineering is an activity that involves the ascent, i.e., climbing of mountains of varying elevations under a variety of conditions. Mountaineering is a hobby that carries many costs and inherent risks. Mountaineering is a sport that requires a general level of fitness; and the Participant is aware that based upon their level of fitness, mountaineering may be a strenuous activity. The Participant is aware that Social Adventures or its agents will provide them with a description of the location, and a description of the location; but such descriptions are to be considered generalizations, and not an exact representation of the conditions present; or the fitness level of Participant.
Further costs include, but are not limited to the Participant providing his or her own equipment, and maintaining his or her own equipment. The Participant is aware that at all times, they are responsible for their own equipment no matter what location they are at and that Social Adventures is not liable for any damage, destruction, theft, or any other problems relating to Participant’s equipment. Mountaineering is an activity that also carries with it inherent risks, including, but not limited to death, disability, or other injury. Such risks are both foreseeable, and unforeseeable, and also occur in a variety of means including, acts of God. At no time does Social Adventures assume any liability for any risk, injury, disability, death, or other item arising from, through, or in the exercise of mountaineering.
“Trail Running”. Trail Running is defined as an activity that involves an individual running on maintained or unmaintained trails on public lands, meaning lands that are owned by a local, state, or federal governmental unit, i.e., not land owned by a private party. Trail Running is an activity that involves the ascent, i.e., climbing of mountains of varying elevations under a variety of conditions. Trail Running is a hobby that carries many costs and inherent risks. Trail Running is a sport that requires a general level of fitness; and the Participant is aware that based upon their level of fitness, mountaineering may be a strenuous activity. The Participant is aware that Social Adventures or its agents will provide them with a description of the location, and a description of the location; but such descriptions are to be considered generalizations, and not an exact representation of the conditions present; or the fitness level of Participant.
Further costs include, but are not limited to the Participant providing his or her own equipment, and maintaining his or her own equipment. The Participant is aware that at all times, they are responsible for their own equipment no matter what location they are at and that Social Adventures is not liable for any damage, destruction, theft, or any other problems relating to Participant’s equipment. Trail Running is an activity that also carries with it inherent risks, including, but not limited to death, disability, or other injury. Such risks are both foreseeable, and unforeseeable, and also occur in a variety of means including, acts of God. At no time does Social Adventures assume any liability for any risk, injury, disability, death, or other item arising from, through, or in the exercise of Trail Running.
“Walking”. Walking is defined as an activity that involves an individual walking on maintained or unmaintained trails on public lands, meaning lands that are owned by a local, state, or federal governmental unit, i.e., not land owned by a private party. Walking is a hobby that carries many costs and inherent risks; and is also a sport that requires a general level of fitness; and the Participant is aware that based upon their level of fitness, walking may be a strenuous activity. The Participant is aware that Social Adventures or its agents will provide them with a description of the location, and a description of the walk; but such descriptions are to be considered generalizations, and not an exact representation of the conditions present; or the fitness level of Participant.
Further costs include, but are not limited to the Participant providing his or her own equipment, and maintaining his or her own equipment. The Participant is aware that at all times, they are responsible for their own equipment no matter what location they are at and that Social Adventures is not liable for any damage, destruction, theft, or any other problems relating to Participant’s equipment. Walking is an activity that also carries with it inherent risks, including, but not limited to death, disability, or other injury. Such risks are both foreseeable, and unforeseeable, and also occur in a variety of means including, acts of God. At no time does Social Adventures assume any liability for any risk, injury, disability, death, or other item arising from, through, or in the exercise of walking.
Transportation. The Participant is aware that they will be engaged in outdoor activities, and transportation to and from such activities. The Participant is aware that they will be responsible for their own transportation to and from the location, as well as transportation to and from the location to their residence or other location, and will bear all of the inherent risks present in transporting themselves and their equipment.
Outdoor Activities. The Participant again acknowledges that irrespective of definition, they will be outdoors, i.e., outside, and there are innumerable inherent risks. They understand that these activities are inherently dangerous, and ones that are replete with risk. The Participant further understands that Social Adventures and its agents are not responsible for acts of God, such as rainstorms, flash floods, fires, insect bites, animals or animal bites, earthquakes, or any other third party acts or other acts that are outside the control or scope of Social Adventures knowledge.
Permit Costs/Fees. The Participant further understands that by executing this waiver, they are responsible for all third party fees required by governmental agencies. Social Adventures does not supply such fees with registration for Participant.
COVENANTS
In exchange for participation in Social Adventures activities, the Participant agrees for themselves to the following:
The Participant agrees to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Social Adventures, or any governmental unit.
The Participant understands and acknowledges that Social Adventures activities do and can produce foreseeable risk of personal injury, death and/or property damage and loss.
The Participant hereby assumes full responsibility for, and risk of, any bodily injury or death to myself or others and damage to, or destruction of, my property or the property of others caused by my participation in Social Adventures challenges.
IN CONSIDERATION for the privilege of participating in Social Adventures activities, the Participant agrees to release, waive, discharge, hold harmless and indemnify Social Adventures from any and all claims, liability or responsibility for any accident, damage, injury, death, or illness to the undersigned, guest accompanying the undersigned, or to any family member of the undersigned.
Specific Indemnity as to acts in violation of law. Social Adventures, LLC is a Nevada Limited Liability company that provides information on a variety of outdoor activities in a variety of different geographic locations. Social Adventures is not a guide service. Social Adventures is not an event coordinator. Social Adventures is not a travel guide, nor travel planning service, nor travel agent. Social Adventures is not a part of any local, state, or federal government. Social Adventures is a for profit entity that provides information on outdoor activities as listed on its website. As a third party service, Social Adventures expects each and every participant to abide by all applicable local, state, and federal laws and regulations associated with public land use, including, but not limited to payment of day or overnight use fees; as well as restrictions on camping, fires, backcountry travel, parking in and around public lands and every other item so regulated. Breach of any applicable law by Participant during their progress of the challenge reflects solely on Participant, as they have been specifically advised by Social Adventures to obey all applicable laws. Should any issue arise between any governmental authority and the conduct of Participant, and a question of liability be addressed to Social Adventures despite such provision, Participant shall indemnify Social Adventures fully and completely for all legal fees, costs, and other actions brought by Social Adventures to restore their legal rights and good public name.
Specific Indemnity as to acts in violation of “leave no trace” principles. Social Adventures, LLC is a Nevada Limited Liability company that provides information on a variety of outdoor activities in a variety of different geographic locations. Social Adventures is not a guide service. Social Adventures is not an event coordinator. Social Adventures is not a travel guide, nor travel planning service, nor travel agent. Social Adventures is not a part of any local, state, or federal government. Social Adventures is a for profit entity that provides information on outdoor activities as listed on its website. As a third party service, Social Adventures expects each and every Participant to abide by what are known as “leave no trace” principles for outdoor activities, and provide common courtesy to all third parties encountered on trails. Such principles may be co-extensive with any applicable laws, or may supplant existing laws. Should any issue arise between any governmental authority and the conduct of Participant, and a question of liability be addressed to Social Adventures despite such provision, Participant shall indemnify Social Adventures fully and completely for all legal fees, costs, and other actions brought by Social Adventures to restore their legal rights and good public name. Separately, should any issue arise between a Participant and a third party non-participant, and a question of liability be address to Social Adventures despite such provision, Participant shall indemnify Social Adventures fully and completely for all legal fees, costs, and other actions brought by Social Adventures to restore their legal rights and good public name.
The Participant further covenants not to sue or demand anything of value of Social Adventures, their agents or employees for any personal injury, death or loss to any property. The participant agrees to assume all responsibility and risk arising out of my participation in any activity organized by Social Adventures.
The Participant agrees to pay for all damages incurred by Social Adventures caused by the undersigned, or the family member of the undersigned’s negligent, reckless, intentional or willful conduct.
The Participant acknowledges that any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
The Participant acknowledges that they are under no pressure or duress to sign this ROL and that they have been given a reasonable opportunity to review it before signing. They further agree and acknowledge that they are free to have their own legal counsel review this ROL if they so desire.
This ROL and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this ROL, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this ROL, as well as any other statute or common law principles of similar effect.
The invalidity or unenforceability of any provision of this ROL, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this ROL or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this ROL.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event of any dispute between the parties, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I AM VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.
