In consideration of the services of Cascade Huts LLC, their agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (collectively "Cascade Huts"), the undersigned, for himself or herself, and his or her personal representatives, heirs, spouse, parents, siblings, and children, hereby acknowledges and agrees to the following:
- I ACKNOWLEDGE THAT BIKING, HIKING, BACKPACKING, SNOWSHOEING, AND BACKCOUNTRY SKIING ENTAILS KNOWN AND UNANTICIPATED RISKS that could result in physical or emotional injury, paralysis, disease, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I KNOWINGLY AND FREELY ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN THIS ACTIVITY, whether known or unknown. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I, for myself and on behalf of my heirs, assigns, and legal representatives, voluntarily release, forever discharge, and agree to indemnify and hold harmless Cascade Huts from any and all liability, claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Cascade Huts' equipment or facilities. I AGREE AND UNDERSTAND THAT THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF CASCADE HUTS TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF OREGON, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF CASCADE HUTS.
I hereby represent that I am physically capable of participating in this activity, that my bicycle and any other equipment I may use to participate is in good working condition, and generally conduct myself in a safe and prudent manner while participating.
Should Cascade Huts or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against Cascade Huts, I agree to do so solely in the state of Oregon, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. If any part of this release of liability and assumption of risk agreement is determined to be unenforceable for any reason or under any circumstance, it is intended that all other terms will be enforced in all other circumstances.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF OREGON.
- Risks include, but are not limited to those caused by terrain, temperature exposure (including hypothermia, frostbite, frostnip, sunburn), weather conditions (including electrical storms, avalanches, and unfavorable snow conditions), my physical condition, collision, unsafe speed of travel for conditions or experience, vehicular traffic, equipment failure, failure to wear protective clothing, and actions of other people including participants.
- Furthermore, Cascade Huts employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness level or abilities. They might misjudge the weather or other environmental conditions. They may give inadequate warnings or instructions, and the equipment being used might malfunction.