Epic Outdoor Adventures Liability Waiver and Agreement

I UNDERSTAND THAT BY SIGNING THIS FORM OR CHECKING THE BOX DURING MY ORDER THAT I AM WAIVING VALUABLE LEGAL RIGHTS. I ALSO UNDERSTAND THAT BY SIGNING I AGREE TO ABIDE BY ALL APPLICABLE RULES AND REGULATIONS AS THEY APPLY TO THE STATE OF MONTANA.


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Epic Outdoor Adventures Liability Waiver and Agreement


I understand that Epic Outdoor Adventures (“Company”) reserves the right to refuse service to myself and any of the minors for whom I am responsible (“Undersigned”) for any reason including but not limited to being under the influence of drugs or alcohol, reckless or disrespectful behavior, not following instructions of the Company’s guide or any employee of the Company, or the rules outlined in the safety briefing. If any of the Undersigned is refused service, the Undersigned agrees not to write any negative online reviews or disparage the company in any form.

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Release and Waiver of Liability

The individual/s named below (referred to as “I”, “me”, or “Undersigned”) desires to participate in a SXS Rental utilizing off-road vehicles (“Activity”) provided by Epic Outdoor Adventures, Inc, a Montana Corporation located in Missoula County (“Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance, I agree to all the terms
and conditions set forth below (“Release”).


Known Inherent Risks of the Activity
I fully understand and acknowledge that: (a) risks and dangers exist in my use of motorized off-road vehicles and my participation in motorized off-road vehicle activities whether on or off-road; (b) my participation in such activities or use of such equipment may result in my injury, including but not limited to bodily injury, fractures, partial or total paralysis, eye injury, blindness, death, or other injuries that
could result in disability; (c) these risks and dangers may be caused by my own negligence, by the negligence of the owners, employees, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities or use of equipment.


Release of Liability
I expressly waive and release any and all claims, now known or known, against the Company, and its officers, directors, managers, employees, agents, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees
or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Montana Law does not permit to be released by agreement.


Assumption of Risk
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH
KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.


Medical Treatment
I consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation or evacuation. I release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services. This Release constitutes the sole and entire agreement of the Company and me concerning the subject matter contained within this Release and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed under the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Missoula County, Montana and I consent to the exclusive jurisdiction of such courts.


By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.

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Signature Certificate
Document name: Epic Outdoor Adventures Liability Waiver and Agreement
lock iconUnique Document ID: ad787092fe17103e56732d812a27b0c7ed68caa4
Timestamp Audit
July 17, 2023 9:49 am MDTEpic Outdoor Adventures Liability Waiver and Agreement Uploaded by Wendy Terhaar - epicoutdooradventuresmt@gmail.com IP 216.47.55.53