Matthews Wilderness Expeditions, LLC. (dba) YELLOWSTONE DOG SLED ADVENTURES
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
The undersigned agrees and understands that dog sledding (herein the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. PARTICIPANT agrees to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY (YDSA) its affiliated organizations and companies and the landowner, and their insurance carriers, agents, employees, representatives, assignees, officers directors, subsidiaries, and shareholders (each hereinafter a “RELEASED PARTY”) from ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those injuries and damages caused by any RELEASED PARTY’s alleged or actual NEGLIGENCE OR BREACH OF any express or implied WARRANTY.
PARTICIPANT agrees and understands that there are risks associated with strenuous physical exertion and with participating in the ACTIVITY and that falls, INJURIES AND/OR DEATH may result from engaging in the ACTIVITY. PARTICIPANT agrees and understands that risks include, but are not limited to: snow and weather conditions, changing and unpredictable conditions, hidden under snow obstacles, falling while aboard a sled or falling off a sled, dog bites or attacks, injury or fatality due to the overturning of a sled, collision with a vehicle, wild animal, sled, rock, log or tree, changing weather conditions, immersion in water and hypothermia, exposure to temperature extremes, illness due to water-borne germs and bacteria, loss of or damage to personal property, water damage due to leaking bags or other containers, transportation to and from the trail head, the condition of the PARTICIPANT, dehydration, and high elevation. RECOGNIZING THESE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY.
In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, PARTICIPANT hereby agrees to ASSUME ALL RISKS associated with his/her participation in the ACTIVITY. Additionally, PARTICIPANT agrees to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY (YDSA) its affiliated organizations and companies, and their insurance carriers, agents, employees, representatives, assignees, officers directors, subsidiaries, and shareholders (each hereinafter a “RELEASED PARTY”) from ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those injuries and damages caused by any RELEASED PARTY’s alleged or actual NEGLIGENCEOR BREACH OF any express or implied WARRANTY. By execution of this release, PARTICIPANT AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of the PARTICIPANT and/or a third party arising from the PARTICIPANT’s participation in the ACTIVITY.
PARTICIPANT represents that he/she is in good health and there are no special problems associated with his/her care. PARTICIPANT authorizes any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. PARTICIPANT agrees that upon his/her transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT. Further, PARTICIPANT agrees to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom. In consideration for allowing the PARTICIPANT to participate in the ACTIVITY, PARTICIPANT agrees that ANY AND ALL CLAIMS for injury and/or death arising from his/her participation in the ACTIVITY shall be GOVERNED BY MONTANA LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF MONTANA.
Kids’N’Snow Samplers – 2024/2025 – West Yellowstone, MT