Released Parties include Gritara, a Delaware Limited Liability Company (“Gritara”), and any director, officer, manager, employee, contractor, volunteer, affiliate and representative of the foregoing.
Releasing Parties include the Participant (as defined below), the Participant’s parents, guardians, spouse, children, heirs, next of kin, and any representatives, executors, administrators, successors, and assigns, or anyone else who might claim or sue on Participant’s behalf.
1. By executing this Waiver and Release of Liability and Indemnification Agreement (the “Agreement”), I, (the “Participant”), acknowledge that I wish to participate in the Gritara event or experiences in Chile (collectively, the “Activities”). These include trekking excursions in Torres del Paine National Park, such as the W-Trek, which participants may complete over three (3) days, covering approximately 50 miles, or may complete a section, or multiple sections of the W-Trek, along with additional outdoor adventure activities, transportation, lodging, accommodations, and meals organized by the Released Parties. Activities may include, but are not limited to, hiking, trail running, horseback riding, canoeing, catamaran excursions, kayaking, and bicycling. I am aware that the environment is remote and challenging, and I am prepared to accept the associated physical demands and risks. Participant acknowledges that the Activities take place in a foreign country where standards of safety, emergency response, transportation, medical care, sanitation, and infrastructure may differ from those in the United States. Participant acknowledges that they have had the opportunity to ask questions about the Activities and the associated risks and have voluntarily chosen to participate.
2. I understand that the Activities have inherent risks which could result in serious injuries or even death as a result of my participation. I am aware that the Activities occur in remote, rugged, and mountainous terrain where access to medical care, evacuation, and rescue services may be limited or significantly delayed due to weather, terrain, or logistical constraints. The risks include, but are not limited to, those caused by terrain, elevation changes, facilities, temperature, rapidly changing weather conditions (including high winds, cold temperatures, snow, and rain) falling rocks, river crossings, footbridge crossings, trail conditions, condition of participants, lack of hydration, lack of nutrition, consumption of foods or beverages, exhaustion, equipment, vehicular traffic, animal traffic, animal interactions, transportation accidents (including those caused by road hazards, driver incompetency, human negligence and otherwise), wildlife, plants, fungi, natural hazards, visibility, allergies, foodborne illnesses, dietary restrictions, choking hazards, actions of other people including, but not limited to, other participants, tourists, volunteers, park rangers, employees and visitors of the lodging and accommodations referenced in Section 1 above, transportation drivers and Gritara organizers and event officials. Participant understands that these risks cannot be eliminated without fundamentally altering the nature of the Activities. I hereby assume all risks of participating in the Activities. I am aware that the usual risks, hazards and dangers of personal injury, death and disability or property damage and loss (collectively, “Damages”), can increase as a result of physical or mental exertion, whether or not organized by the Released Parties. I also understand that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are present at the same time and participating in the Activities. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response. I further acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved and agree to accept and assume any and all risks of bodily injury death or property damage, whether those risks are known or unknown and whether caused by the negligence of the Released Parties or otherwise. I understand that this list of risks is not exhaustive and that there may be other risks, including unforeseen risks, which may arise from my participation.
3. I acknowledge that I am responsible for bringing the supplies and materials needed for the Activities and hereby release the Released Parties from any and all liability arising out of any failure to adequately pack materials and supplies for the Activities. I further understand that the facilities in Torres del Paine National Park, including water stations, may be out of service from time to time. Participant is responsible for ensuring that all personal equipment and clothing used during the Activities are appropriate, properly fitted, in good condition, and suitable for the environment.
4. Participant acknowledges that itineraries, accommodations, routes, and activities may change due to weather, safety considerations, transportation disruptions, park regulations, natural events, or other circumstances beyond the control of Gritara. Gritara reserves the right to modify, substitute, or cancel portions of the Activities when deemed necessary for safety or operational reasons.
5. As consideration for being permitted to participate in the Activities, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge the Released Parties from any and all present and future claims, actions, causes of action or demands against any of the Released Parties that I may have in the future arising out of, or related to, (i) my participation in the Activities, (ii) the negligence of any of the Released Parties, (iii) the use of any and all equipment in connection with the Activities (whether or not provided by the Released Parties), (iv) the acts or omissions of third parties while participating in the Activities, (v) the condition of the premises or grounds where the Activities occur or (vi) the use of the facilities where the Activities occur. I further acknowledge that the Released Parties shall not be liable for any lost, stolen or damaged belongings during the course of the Activities.
6. Participant acknowledges that certain services during the Activities, including but not limited to transportation, lodging, guiding services, food services, equipment providers, boat operators, horse outfitters, and other activity providers, are furnished by independent third-party contractors. These entities are not employees, agents, or representatives of Gritara. Gritara does not own, operate, supervise, or control these third-party providers and assumes no responsibility for their acts, omissions, negligence, equipment, or facilities. Participant agrees that the Released Parties shall not be liable for any injury, loss, damage, delay, or expense arising from the acts or omissions of such third parties.
7. As further consideration for being permitted to participate in the Activities, I (on behalf of the Releasing Parties) agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, damages, costs, or expenses (including reasonable attorney’s fees) arising from my participation in the Activities, including, but not limited to, claims brought by third parties for damages allegedly caused by my conduct or omissions.
8. This Agreement shall be effective and binding upon my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of my injury, disability or death.
9. I hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, related to the Activities.
10. I represent that I believe I am physically and mentally capable of participating in the Activities, have adequately prepared to the best of my knowledge, and have not been advised otherwise by a qualified medical person. I have no actual or suspected medical, physical or mental condition which would cause participation in activities on the premises where the Activities occur to be potentially hazardous to my health or others. I will not be participating under the influence of alcohol or any illicit or prescription drugs or other substances which would in any way impair my ability to safely participate in the Activities. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this event. I understand that all medical and/or emergency evacuation costs for participants will be borne by that person or their heirs. The Released Parties are in no way liable or responsible for medical treatment, medical costs or emergency evacuation, and I understand that the Released Parties do not carry insurance covering participants for medical treatment, evacuation, rescue, trip interruption, or related costs. I acknowledge that the Released Parties are, and have been available, to answer any and all questions I may have had about the nature and physical demands of these activities and the risks, hazards and dangers associated with the Activities. I understand that the presence of any of the Released Parties is no assurance of my safety or any lessening of the risks, and I nonetheless undertake to participate in the Activities. I understand that it is my sole responsibility to obtain any personal accident, health, or travel insurance coverage that I deem appropriate, as the Released Parties will not provide such insurance or cover medical or evacuation costs. I acknowledge that I am responsible for any medical expenses, emergency evacuation costs, or other financial obligations that may arise as a result of my participation in the Activities.
11. I understand that communicable diseases, including but not limited to COVID-19, may be present during travel or group activities and that exposure may result from the actions, omissions or negligence of myself and others, including, but not limited to, other participants and the general public. I further acknowledge that the Released Parties cannot guarantee that I will not become infected with the COVID-19 or other communicable diseases.
12. Without limiting the generality of the foregoing, I understand and agree that this Agreement discharges each of the Released Parties from any liability or claim that I may have against any of them with respect to any bodily injury, personal injury, illness, death, property damage or other harm that may result from the Activities, whether caused by the negligence of a Released Party or otherwise. I also understand and agree that the Released Parties do not assume any responsibility for, or obligation to provide, financial assistance or any other assistance, including, but not limited to, medical, health or disability insurance in the event of injury, illness, death or property damage.
13. This Agreement and the rights and obligations of the parties hereto under this Agreement will be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its principles of conflicts of laws that would require that application of the laws of any other jurisdiction.
14. Each party hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party hereto in any way arising from or relating to this Agreement, including, but not limited to, contract, equity, tort, fraud, or statutory claims, in any forum other than Delaware state courts, and any appellate court from any thereof. Each party hereto irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in Delaware state courts. Each party hereto agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
15. I hereby grant and convey unto Gritara and its subsidiaries, affiliates, agents, employees, volunteers, officers, directors, representatives, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, “Authorized Parties”), the absolute and irrevocable right and permission to use, publish, broadcast and/or copyright the use of my name, voice, photograph and/or likeness, caricature, and personal information, in its current form or as retouched, digitized, cropped, altered, distorted or modified in any way, in any and all advertising, promotional, or other materials based upon or derived from the Activities, any other fundraising-related Activities, and any other Gritara-sponsored activities in any manner, in any media whatsoever for any and all purposes, including, by way of example but without limitation, advertising, promoting or publicizing products and services throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including, without limitation, on the internet), without additional compensation. I further agree that anything derived therefrom will be owned solely by the Authorized Parties. I do not authorize the use of any print, negative or other copy thereof by anyone other than the Authorized Parties.
The Participant warrants that he or she is of legal age and is freely signing this Agreement and intends his or her signature to be a complete and unconditional release of liability to the greatest extent allowed by law. The Participant has read this Agreement and understands that by signing it, the Participant is voluntarily giving up substantial legal rights and remedies, on behalf of all Releasing Parties, including the right to sue. The Participant understands that the Participant is responsible for determining whether participation in the Activities is advisable.
I further agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I agree that no oral representations, statements, or inducements apart from this Agreement have been made by the Released Parties or anyone else with regard to the subject matter of this Agreement.
This Agreement may be executed electronically, and such electronic signature shall have the same legal effect as an original signature.