Participant Indemnification Agreement & Assumption of Risk
In consideration of being permitted to rent the snowmobile hereinafter referred to as "the equipment," I, the undersigned, for myself, my children, my personal representatives, heirs, and next of kin, acknowledge, agree and represent that:
I have or will inspect the equipment and the use of the equipment constitutes an acknowledgement that I have inspected it, and that I find and accept the same as being safe and reasonably suited for the purpose of my use and I further agree and warrant that if at anytime I am using the equipment and feel anything to be unsafe I will immediately discontinue the use of the equipment and advise you, the lessor.
I HEREBY HOLD HARMLESS LESSORS; West Yellowstone Chamber of Commerce, Yellowstone Arctic-Yamaha, Inc.; Three Bear Lodge, Inc.; Three Bear Rentals, LLC; Delaware North Hospitality, dba Holiday Inn West Yellowstone; The U.S. Forest Service, The Targhee, Beaverhead and Gallatin National Forests, or any subdivision thereof, their officers, partners, prinicipals, or employees ("releases") for any loss, damage, claim, or demand for property damage or personal injury or death (whether it be myself, my minor children, or any other person) arising from my/our rental, use, or participation in the use of the equipment.
Any and all riders will wear a helmet while operating the equipement.
I hereby agree to indemnify and hold harmless the releases and each of them from any loss, liability, damage, or cost that may occur from my/our presence in or upon the premises or in operation of the equipment, whether caused by the negligence of you the lessor and/or the other persons and entities or otherwise.
I expressly acknowledge and agree that the activities I am participating in are dangerous and involve the risk of serious injury, and/or death and/or property damage and assume full responsibility for such risks as defined by Montana law.
I will not let anyone else operate or drive the equipment.
I will follow all instructions provided by any guide provided to me by the lessor of the equipment, shall use the equipment only in areas authorized by the guide and shall not use the equipment in any area prohibited by the guide. If I should use the equipment in an unauthorized area or otherwise disregard the directions of the guide, I assume the risk of my conduct, assume full responsibility for that conduct and agree to indemnify and forever hold harmless the guide and lessor for any damages or injuries sustain as result of my conduct.
The undersigned further expressly agrees that the foregoing release, wavier, and indemnity agreement is intended to be as broad and inclusive as is permitted by law, and if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and effect.
The undersigned has read and voluntarily signs this release and waiver of liability and indemnity agreement and further agrees that no oral representation, statements, or inducements apart from the foregoing written agreement have been made.
Kids’N’Snow Samplers – 2018/19 – West Yellowstone, MT