Agreement between Smart Guides Inc and the undersigned Participant.
In consideration of the services of Smart Guides Inc, their agents, owners, officers, guides, contractors, volunteers, participants, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Smart Guides”), I hereby agree to release, indemnify, and discharge Smart Guides, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate, and agree to the provisions of this Participant Release and Assumption of Risk Agreement (“Agreement”). This Agreement applies to all activities, trips, programs, and services I participate in with Smart Guides Inc.
Acknowledgment of Risks
I hereby acknowledge that my participation in any of the activities offered by Smart Guides, including but not limited to skiing, ski touring, ski mountaineering, heli skiing, alpine climbing, rock climbing, ice climbing, mountaineering, hiking, canyoneering, cycling, mountain biking, including activities on glaciers, steep snow, ice, rock and other alpine terrain, as well as any associated travel via helicopters, airplanes, boats, snow machines, cars, trains, ski lifts, or other modes of transportation, may expose me to known and unanticipated risks that could result in physical, mental, or emotional injury, permanent disability, paralysis, death, or other harm to myself, property, or third parties. I understand that such risks cannot be eliminated without jeopardizing the essential quality of these activities.
These risks include, but are not limited to:
Hazards associated with skiing, climbing, or travel on glaciated, icy, snowy, steep, uneven, or unstable terrain (including slips, falls, or falling into crevasses).
Falling objects such as rocks, ice, objects or debris.
Equipment failure or misuse, whether provided by myself or Smart Guides.
Environmental hazards including avalanches, weather changes, lightning, high altitude, extreme cold, and sun exposure.
Physical exertion, altitude sickness, hypothermia, frostbite, or other adverse health effects.
Errors or misjudgments by Smart Guides personnel or other participants.
I understand that Smart Guides cannot guarantee my safety in these activities. By participating, I voluntarily assume all risks associated with these activities, whether known or unknown.
Release and Indemnification
I hereby forever release, discharge and agree to indemnify and hold harmless Smart Guides from any and all claims, demands, liabilities, damages, or causes of action of any nature whatsoever, which are in any way related to any of the risks described above or my participation in any of the activities, including any claims which allege negligent acts or omissions by Smart Guides.
If Smart Guides or anyone acting on their behalf incurs attorneys’ fees or costs to enforce this Agreement, I hereby agree to indemnify and hold them harmless from all such fees and costs.
Insurance and Assumption of Costs
I certify that I have adequate insurance to cover the costs of any injury, damage, or emergency evacuation I may cause or experience while participating in these activities. In the absence of such insurance, I agree to bear these costs myself. I further certify that I am willing to assume all risks related to any existing or future medical, physical, or emotional conditions.
Jurisdiction and Severability
I acknowledge that Smart Guides Inc is a corporation in the State of Washington. Any disputes arising under this Agreement shall be resolved exclusively in the State of Washington, and the laws of Washington shall govern without regard to its conflict of law rules. If any part of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
It is my intention that my foregoing assumption of risks, indemnifications and release of Smart Guides in this Agreement will be honored and strictly enforced in any court of law or equity and will be binding upon me and my spouse and children, if any, my parent(s) or legal guardian(s) and my heirs, assigns, personal representatives and estate.
I have had sufficient opportunity to read this entire document. The terms “ski” or “skiing” in this Agreement apply equally to “snowboard” or “snowboarding,” if included in my activities.
Consent for Media Use
I grant Smart Guides permission to use photographic images or videos from the trip in promotional materials and media without requesting compensation.
Deposit, Payment, and Cancellation Policy
Deposit and Payment: A 30% non-refundable deposit is required to hold a reservation. The remaining balance is due 70 days prior to the trip. Late payments may result in cancellation.
Cancellation by Participant: Cancellations 70+ days before the trip will result in forfeiture of the deposit. Cancellations within 70 days of the trip are non-refundable. For custom trips, if one or more members of a private group cancel for such a refund, resulting in a smaller group and lower guest to guide ratio, the remaining members agree to pay the higher cost per person of the lower guest to guide ratio.
Changes or Cancellations by Smart Guides: Smart Guides reserves the right to change the itinerary, location, or objectives of any trip as necessary due to weather, conditions, or other factors including client ability and fitness. No refunds will be given for such changes. In the unlikely event that Smart Guides is forced to cancel a trip without providing an alternate itinerary, a full refund will be given. Smart Guides is not responsible for any additional expenses incurred by the participants in connection with the trip such as airfare, car rental, equipment purchases, etc.
