Risk Agreement
Prior to departure, you will be asked to sign for yourself and for any minors in your care. Please take time to read and understand this document. As the reservation holder, it is your responsibility to share this information with your group at the time of booking.
AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY
Please read this contract carefully. It releases National Park Safari Company LLC from liability and waives certain rights.
In consideration of being permitted to participate in an outdoor recreation experience with National Park Safari Company LLC, d/b/a Yellowstone Safari Company LLC, d/b/a Yellowstone Safari Company, d/b/a Yellowstone Safari (hereinafter “NPSC”) I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in an outdoor recreation experience, which may include road-based tours, hiking tours, snowshoe tours, stargazing, and transport by or with NPSC (hereinafter collectively and individually the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that the Activity is a recreational opportunity under the Montana Recreation Responsibility Act (M.C.A. § 27-1-751, et seq.), and that participating in the Activity involves certain inherent dangers and risks that cannot be altered, eliminated or controlled by NPSC, the presence of which are integral to the adventurous nature of the Activity. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death are “inherent” risks pursuant to M.C.A. § 27-1-752, but that it is not exhaustive – I understand that there are many other dangers or inherent risks associated with the Activities not listed below: slipping, tripping or falling; slick or uneven walking surfaces; trail obstructions and other unmarked or obscured hazards in the outdoor environment; variations in terrain; rough or unmaintained trail; exposure to steep terrain; trail and ledge side drop-offs; risks associated with being around or in water, including falling into water; water immersion, including drowning; falling or slipping into water while on shore; exposure to frozen, partially frozen or unfrozen bodies of water; allergen exposure; exposure to dangerous or diseased wildlife, animals, pests or insects, including but not limited to bison, bears, wolves; exposure to poisonous plants; falling trees; storms; moving objects associated with extreme weather; wind; hail; snow; lightning; heavy rain; landslides; rock-fall; mudslides; earthquakes; avalanches; floods, flash floods; dangerous water crossings; lack of shelter; trails or surfaces covered with ice, snow, water, or other substances; difficulty with route finding, including getting lost; poor or varying visibility; temperature fluctuations; extreme or partial darkness; wildfire or uncontrolled camp fire and associated smoke; the discharge of weapons in the area of Activity; mentally or physically unstable, negligent or criminal trip participants; all manner of outdoor injuries or ailments including brain injury, spinal injury, paralysis, broken bones, burns, internal injury, sickness or disease, fatigue, strokes, heart attacks, falls, hypothermia, heatstroke, sunburn, dehydration, hyponatremia, frostbite, and altitude sickness; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; exacerbation of Participant’s own health condition(s); all commonly understood risks associated with riding in a vehicle on highways or streets, and riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads, including collisions, being thrown from vehicles, jolting, jarring, bouncing, and colliding with equipment or other passengers; risks associated with entering or exiting vehicles, including being struck by other vehicles while parked on the side of the road; all commonly understood risks associated with riding in an aircraft, including crashes; risks associated with approaching, entering, and riding in aircraft; mechanical failure, including manufacturer defects; lapse in driver or pilot judgment or skill; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; errors in guide or driver judgment or lapse in guide or driver skill; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that NPSC has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing, visually, or verbally, and agree to follow all guide instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with NPSC the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that I am responsible for truthfully disclosing and notifying NPSC of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that, in the event I choose to consume drugs or alcohol during my trip, I will bear sole responsibility for myself and for any damages I may cause to NPSC, its property or to other guests. Participant acknowledges that, NPSC may not utilize satellite communications devices in areas where cellular service is limited or unavailable. Participant expressly agrees that NPSC shall have no duty to carry or utilize satellite communications devices, and Participant expressly assumes all risk associated with the lack of such devices. I am not relying on any prior oral, written, or visual representations made by NPSC, including in any website or promotional materials, to induce me to go on any adventure activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for NPSC’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE NATIONAL PARK SAFARI COMPANY LLC, its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, contractors, and shareholders (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence, recklessness, or willful misconduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, including claims for negligence or any other cause of action except for gross negligence, the undersigned will be required to pay back to each and every Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
6. Medical Authorization, Release, and Indemnification: I hereby: a) authorize the Released Parties to undertake any emergency medical care for me; b) authorize the Released Parties and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; c) agree that, following my transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for me; d) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and e) shall hold each and every Released Party harmless from any claims associated with such medical care and/or related transportation.
7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity and sign this document out of a desire to have the Participant be allowed to participate in the Activity. I represent that I am a legal parent or guardian of the minor Participant, and I will indemnify the Released parties for any damage caused to them if this representation is false.
8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.
9. Agreement to Application of Montana Law and Selection of Forum: I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Montana law, and that the exclusive jurisdiction for any claim shall be in the 18th Judicial District Court, Gallatin County, Montana, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
10. Miscellaneous Provisions: I agree that NPSC may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of NPSC. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of Agreement upon this contract is fully binding and enforceable, and a copy of this executed agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by NPSC during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that NPSC is not in a joint venture with any such vendor or subcontractor. I agree that NPSC is not a common carrier.
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.
I HAVE CAREFULLY READ THE FOREGOING TWO-PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.