The Backcountry Cook - Release and Waiver of Liability
To sign up for this trip you are required to sign this contract - you may also be required to sign a paper or digital copy of this contract prior to the trip start, and an additional liability waiver provided by our Outfitter. Upon checkout, selecting the checkbox and typing your name will confirm agreement with the terms of this contract.
WHEREAS, The Backcountry Cook, and its owner Kelly Kate Warren, is the operator of the trip or activity for which you are registering (the “Activity”), and is willing to permit the individuals signing this Agreement (the “Invitees”) to participate in the Activity upon the terms and conditions of this Agreement. This document limits the liability of The Backcountry Cook, Kelly Kate Warren, Matt Berger, and their partners, outfitters, officers, directors, agents, employees, stockholders, and all other persons and entities associated, to the Invitees.
In consideration or being provided the ability to participate in the Activity, each person signing below hereby stipulates and agrees:
1. Activities and Location.
a. You are signing up for the following activity:
i. A 5-day hiking trip, covering roughly 40 miles, and camping in the wilderness with experienced packers and guides, consumption of meals prepared in a Backcountry kitchen, in close proximity to horses, mules, dogs, and wildlife. (the “Activity”).
b. The Activity will take place within the mountains and wilderness of the Sierra Nevada Range within the State of California (the “Premises”).
c. I understand and acknowledge that, due to the remote location of the Premises, there may not be consistent access to power, climate control, and other services and amenities, and that accommodations and food provided by the Company and its partners will vary depending on the Activity and the Location.
2. General Warning, Release, and Assumption of Risk.
a. General Warning. I understand that I will be participating in a potentially dangerous activity - hiking in a wild, rugged, and uncultivated area or region, inhabited by wild animals, who may be dangerous, unpredictable and wandering at their will. I understand there are inherent elements of risk always present in any Wilderness Experience despite all safety precautions. I understand and acknowledge that the Activity may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I further acknowledge that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical service due to the remote nature of the Activity.
b. Assumption of Risk. I VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
c. Release of Claims. I hereby agree, on behalf of myself, my heirs, and my personal representatives, to fully and forever discharge and release The Backcountry Cook and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my participation in the Activity, whether caused by the negligence of The Backcountry Cook or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while participating in the Activity.
d. Waiver. With respect to this general release, I expressly waive any and all rights under Section 1542 of the California Civil Code which reads as follows: “a general release does not extend to claims the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.”
e. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the Activity.
f. Indemnification. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any Activities on the Premises.
g. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to me should the Company determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to my
medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport.
h. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the Activity, and that the Company will not be responsible for or provide any security for my property and personal belongings.
i. No Representations by Company. I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept and shall use the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement. Force Majeure. The Backcountry Cook shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, pandemics, epidemics, vehicle breakdowns, local disease outbreaks, public health emergencies, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of The Backcountry Cook, for so long as such force majeure event is in effect.
j. Company’s Right to Exclude. I understand and acknowledge that, at any time, the Company may ask me not to participate in all or part of an Activity, or to leave the Premises, and I agree to comply. If the Company asks me to leave the Premises before the end of the Activity, the Company may (but is not required to) offer a partial refund of the fee paid for the Activity.
3. Protective Head Gear Warning - If Riding
a. I have been fully warned that I can protect myself, my children and my wards against head injuries by wearing protective headgear while mounting, riding, dismounting and handling horses and other riding animals.
4. Warnings Related to Hiking, Riding, and Proximity to Pack Stock.
a. I understand that hiking, proximity to horses, mules, and dogs, and horseback riding, is potentially dangerous and that there are inherent elements of risk always present in any such activity despite all safety precautions. I fully assume such risks. THE FOLLOWING SHOULD HELP YOU IN ASSESSING THE RISKS INVOLVED AND IN PROVIDING FOR YOUR SAFETY. YOU AGREE TO ASSUME ALL OF THESE RISKS:
1. I am aware that anyone hiking by themselves or in a group can suffer bodily injuries. Among other things, hiking at high altitudes can cause altitude sickness, pulmonary edema, dehydration, and other bodily illnesses. I understand the risks include threats of walking on uneven terrain which could result in slipping and falling, possibly leading to broken or fractured appendages, or even death. I acknowledge that hiking without a hiking guide could result in misinterpretation of the following the correct trail which could lead to, but is not limited to: getting lost, taking a wrong turn leading to more time and energy spent looking for camp, dehydration, and other physical ailments not specifically mentioned.
2. I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of The Backcountry Cook has been available to more fully explain to me the nature and physical demands of this activity and the inherent risk, hazards, and dangers associated with this activity.
3. The Backcountry Cook works with outfitters that choose its horses, mules, and dogs because they have docile personalities and the basic training required for use as trail animals. In spite of this, I understand that it is not possible to predict exactly how an animal will behave when it is frightened, angry or under stress.
4. I understand that while riding, and upon mounting a horse or mule and taking up the reins, the rider is in primary control. My safety as a rider largely depends on my ability to carry out simple instructions, and to remain balanced. I understand that a fall from a horse or mule will be a fall of 3.5 to 5 feet, possibly resulting in injury.
5. I understand that The Backcountry Cook is not responsible for natural acts or occurrences that scare a horse, mule, or dog, including but not limited to: Weather, including thunder, lightning, rain, wind, water; other wild and domestic animals,; and irregular footing on wild land which is subject to constant change according to weather conditions and natural changes in earth structure.
5. Warnings Related to Eating Food Prepared in the Backcountry, and Proximity to a Backcountry Kitchen.
This Waiver and Release is entered into by myself and the Backcountry Cook to govern the provision of private chef services. THE FOLLOWING SHOULD HELP YOU IN ASSESSING THE RISKS INVOLVED AND IN PROVIDING FOR YOUR SAFETY. YOU AGREE TO ASSUME ALL OF THESE RISKS:
I acknowledge that there are inherent risks associated with food preparation and consumption, including but not limited to foodborne illnesses, allergic reactions, and other health-related issues.
I understand that backcountry cooking involves storing and preparing food without electricity, refrigeration, running water, and other modern technologies, and is therefore subject to risks during food preparation and consumption.
I understand that the Cook is not responsible for any health conditions or injuries that may arise from food preparation or consumption.
I am solely responsible for informing the Cook of any food allergies, dietary restrictions, or preferences before the Cook begins preparing food, and catering to those conditions may be outside the Cook’s control in a Backcountry kitchen used by other Clients and employees.
I agree to follow the Cook’s instructions regarding food handling and storage to minimize the risk of foodborne illnesses.
I acknowledge that there are inherent risks in proximity to a Backcountry kitchen, including but not limited to cuts, burns, and other health-related issues.
b. Release and Waiver:
i. In consideration of the Cook providing private chef services, I hereby waive, release, and discharge the Cook, their employees, agents, and representatives from any and all claims, demands, liabilities, or causes of action of any kind whatsoever arising out of or in any way connected with the Cook’s provision of services.
Ii. I agree to indemnify and hold harmless the Cook, their employees, agents, and representatives from any and all claims, demands, liabilities, or causes of action of any kind whatsoever arising out of or in any way connected with my use of the Cook’s services.
1. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Inyo County, California.
2. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless it is in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
3. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
4. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
5. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
6. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
6. Miscellaneous
a. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Inyo County, California.
b. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless it is in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
c. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
d. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
e. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
f. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
Once signed, you state:
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. I UNDERSTAND THAT RIDING WILD WILL GIVE ME A COPY OF THIS DOCUMENT FOR MY FILES IF I REQUEST A COPY. I ACKNOWLEDGE THAT EITHER I HAVE NOT REQUESTED A COPY OR, IF I HAVE REQUESTED A COPY, THAT I HAVE RECEIVED IT.
I, THE UNDERSIGNED, BEING OF SOUND MIND AND NOT BEING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS, HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT'S PHYSICAL CONDITION, EXPERIENCE, AND AGE ARE TRUE AND ACCURATE.