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Accept our policies for this reservation I understand that this waiver applies to any and all equipment I may use in connection with the activities covered by this agreement (collectively, the “Equipment”), whether provided by the Owner or otherwise made available for use. I am fully responsible for the care of and all damage to the Equipment while it is in my possession. If at any time I feel the Equipment is not functioning properly, I will immediately stop using it and return it. I accept this Equipment as-is and with no warranties, express or implied. If the Equipment is lost, destroyed or damaged beyond repair (“Owner”), I agree to pay Owner the full replacement value of the Equipment. I understand and agree that any repairs needed as a result of the use of the Equipment will be performed at normal labor rates and the cost of such repairs, including all parts, shall be paid by me. I hereby authorize Owner to charge the total value of any repairs or replacement of the Equipment to my credit card provided for the rental of this Equipment. I fully understand and acknowledge that (a) risks and dangers exist in my use of the Equipment and my participation in biking, hiking, climbing, boating, fishing, running, jogging, swimming, ziplining, use of rope swings, lighting, maintaining, or being in proximity to campfires or any other open flames, and any other outdoor activities (collectively, “Outdoor Activities”), (b) my participation in such Outdoor Activities and/or use of such Equipment may result in property damage, drowning, burns, fire-related injuries, death, injury, illness or other ailments, and (c) these risks and dangers may be caused by my own negligence, the negligence of others (including, without limitation, the Owner Parties (defined below)), accidents, falls, collisions, fire hazards, other individuals engaging in Outdoor Activities or other causes. I understand that the risks and dangers may arise from foreseeable or unforeseeable causes and by my participation in the Outdoor Activities and/or use of the Equipment, I hereby assume all such risks and dangers and all responsibility for any such losses and/or damages. I agree to wear all protective gear (as appropriate) at all times while using the Equipment and/or participating in the Outdoor Activities, but acknowledge that they do not eliminate the risk and may not reduce the risk of injury or death in the event of an accident, fall, collision, or fire. I acknowledge and agree that when lighting, tending, or being near any campfire or open flame, I will strictly follow all applicable fire safety rules and guidelines, including but not limited to: never leaving a fire unattended, keeping fires within designated areas, maintaining a safe distance, and fully extinguishing all fires before departure. I understand that failure to follow fire safety rules may significantly increase the risk of injury, death, or property damage, and I assume full responsibility for such risks. As consideration for being permitted to use the Equipment and participate in the Outdoor Activities, I agree not to sue and to forever waive, release and discharge, indemnify and hold harmless Owner, and any affiliated entities, and each of their respective officers, directors, managers, members, employees, agents, representatives, contractors, volunteers and the successors and assigns of each of the foregoing (collectively, the “Owner Parties”), from and against any and all actions, claims, liabilities and demands of any nature or matter whatsoever, including all losses, costs, damages and expenses (including, but not limited to, reasonable attorneys’ and experts’ fees), that I, my assignees, heirs, distributees, guardians, next of kin and legal representatives now have, or may have in the future, for personal injury, illness, death, fire-related incidents, or property damage related to (i) my use of the Equipment for any and all purposes; and/or (ii) my participation in any Outdoor Activities. I further agree not to make a claim or sue for injuries or damages relating to the use of the Equipment or my participation in any Outdoor Activities under any theory. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. THE OWNER PARTIES SHALL NOT BE LIABLE TO ME FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. This agreement shall be governed by and enforced in accordance with the laws of the State of Montana, without reference to its conflicts of law provisions and shall be subject to the jurisdiction of state and federal courts sitting in the County of Madison, State of Montana, U.S.A. I hereby expressly waive any and all rights which I may have to make any objections based on jurisdiction, venue, or sufficiency of process to any suit brought to enforce this agreement in accordance with the foregoing provisions. I waive, to the full extent permitted by law, the right to a jury trial in any litigation concerning this agreement or any defense, claim, counterclaim, claim of set-off or similar claim of any nature. In the event of any action between the parties for enforcement or interpretation of any of the terms or conditions of this agreement, Owner shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorneys’ fees actually incurred, as awarded by a court of competent jurisdiction. I FULLY UNDERSTAND THIS AGREEMENT AND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THIS AGREEMENT FREELY AND VOLUNTARILY, AM AWARE OF ITS LEGAL CONSEQUENCES AND INTEND BY MY ACCEPTING THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I have read and I accept the terms and conditions for this booking.