Awe + Wonder, LLC - Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement
  • Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement

    Awe + Wonder, LLC
  • This Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement (“Agreement”) is made and entered by the undersigned participant (“Participant”) in connection with Participant’s engagement in all related activities (“Activities”) on the Glacier National Park Adventure Trip 2026, as organized and coordinated by Awe + Wonder LLC (“LLC”) and conducted in whole or in party by third-party guides, lodging providers, and transportation providers. 

    Such Activities include but are not limited to participation in hiking, white water rafting, and related activities; all adventure and excursion opportunities planned, organized, and promoted by LLC; stay at the provided lodging; and transportation during the trip.

     

    Acknowledgment of Inherent Risks

    Participant hereby acknowledges and agrees (1) Participant understands the dangerous inherent nature of Activities; (2) there are inherent risks and dangers associated with Activities; and (3) Participant knowingly, willingly, and voluntarily accepts and assumes responsibility for each of these risks and dangers, and all other risk and dangers that could arise out of, or occur during, Activities or engagement with LLC. 

    Participant acknowledges that such risks may result in serious bodily injury, permanent disability, emotional distress, property damage, or death.

     

    Voluntary Participation, Assumption of Risk, and Medical Authorization

    Participant voluntarily elects to participate in the Activities and knowingly and freely assumes all risks, both known and unknown, foreseeable and unforeseeable, even if arising from the negligence of LLC or third parties, except to the extent prohibited by law.

    Participant certifies that he/she is physically able to participate in the Activities and has no medical condition that would increase risk. Participant authorizes emergency medical treatment if necessary and agrees to be responsible for any associated costs.

    Participant acknowledges that guides cannot guarantee continuous one-on-one supervision and that participants are responsible for their own awareness and safety.

    By signing this Acknowledgment, Participant expressly assumes the risk and legal liability of engaging in Activities, such as hiking, white water rafting, and other outdoor adventure activities and those arising from conditions of premises, natural terrain, water levels, weather conditions, transportation, lodging conditions, and the acts or omissions of others. 

     

    Release and Waiver

    TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT – ON BEHALF OF PARTICIPANT’S SELF, HEIRS, AND ASSIGNS – EXPRESSLY WAIVES, RELEASES, DISCHARGES, AND AGREES TO INDEMNIFY AND HOLD HARMLESS LLC AND ANY OF LLC’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, SUCCESSORS, ASSIGNS, AFFILIATED ENTITIES, FAMILY MEMBERS, AND SUBSTITUTES (“AGENTS”), FROM ANY OBLIGATIONS, LIABILITIES, CLAIMS, DEMANDS, COSTS, AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING OUT OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, OR IN CONNECTION WITH, ANY PROPERTY DAMAGE, BODILY INJURY OR DEATH, HOWEVER CAUSED, EXCEPT BY WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR INTENTIONAL TORTS, EVEN IF DUE IN WHOLE OR IN PART FROM ACTS OF NEGLIGENCE ON THE PART OF LLC OR AGENTS.

    Participant hereby waives and releases all claims for injuries, damages, or loss which Participant may sustain as a result of or connected to Activities. LLC shall not be liable for any injuries or damages to Participant, or the property of Participant, or be subject to any claim, demand, or injury, or damages whatsoever, including without limitation, those damages or injuries whether or not caused in whole or in part from acts of negligence on the part of LLC or arising from conditions including but not limited to conditions of premises, natural terrain, water levels, weather conditions, transportation, lodging conditions, of the property in which LLC is located or utilizing.

    To the fullest extent permitted by law, LLC’s liability shall be limited to the amount paid by Participant for the Activities.

    Participant expressly waives and assumes all risk and liability for injury, harm, or death arising from:

    1. Participant’s own ability to engage safely in Activities or the LLC’s determination of Participant’s ability to engage in the Activities;
    2. LLC’s or third party’s act or omission that causes Participant’s injury, harm, or death;
    3. Slips, trips, and falls;
    4. Drowning, water-related injuries, and capsizing;
    5. Collisions with rocks, trees, watercraft, or other participants;
    6. Equipment failure or misuse;
    7. Exposure to weather, extreme temperatures, wildlife, insects, and natural hazards;
    8. Physical exertion leading to dehydration, exhaustion, or medical events;
    9. Negligent acts or omissions of guides, instructors, drivers, or other participants;
    10. Transportation-related accidents to and from activity sites; 
    11. Hazards associated with lodging accommodations, including but not limited to slips, falls, fire, structural issues, or criminal acts of third parties.
      This release does not apply to claims arising from willful or wanton misconduct where such release is prohibited by law.

     

    Third-Party Providers 

    Participant acknowledges and agrees that rafting companies, hiking guides, transportation providers, lodging providers, equipment suppliers, and any other third-party service providers utilized in connection with the Activities (collectively, “Third-Party Providers”) are independent contractors and are not employees, agents, partners, joint venturers, or representatives of LLC.

    To the fullest extent permitted by Indiana law, LLC shall not be liable for the acts, omissions, negligence, or conduct of any Third-Party Providers. Participant expressly agrees that LLC shall not be held vicariously liable for any injury, death, loss, damage, or expense arising out of or related to the services, operations, supervision, transportation, lodging, equipment, or activities provided by any Third-Party Providers.

    Participant understands that LLC does not control the manner or method by which Third-Party Providers perform their services and does not assume responsibility for their day-to-day operations, safety procedures, employee conduct, vehicle operation, premises conditions, or regulatory compliance.

    Participant agrees to execute any additional waivers required by such third parties.

     

    Miscellaneous

    1. Participant hereby acknowledges this Agreement constitutes a contractual agreement between LLC and Participant, supposed by valid consideration. 
    2. This Agreement shall be binding upon the undersigned’s heirs, representatives, successors, assigns, spouse, estate, personal representative, and next of kin. Further, this Agreement shall survive completion of the Activities.
    3. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. 
    4. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. Any dispute arising from this Agreement shall be filed exclusively in the state courts located in Adams County, Indiana. Participant knowingly and voluntarily waives the right to trial by jury in any dispute arising from the Activities.
    5. LLC is not liable for cancellation, interruption, or modification of Activities due to weather, water levels, natural disasters, government action, third-party provider cancellation, or other events beyond LLC’s control.

     

    Affirmation

    I hereby affirm that I have read, fully understand, and accept the terms above and am signing this Agreement voluntarily.

  • Acknowledgment

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