In consideration of the services provided by Ultimate Kilimanjaro®, its shareholders, directors, officers, employees, agents, volunteers, participants and all other persons or entities associated with or acting in any capacity on its behalf (collectively referred to as “Ultimate Kilimanjaro®”), I hereby agree to release, indemnify, and discharge Ultimate Kilimanjaro®, on behalf of myself, my heirs, personal representative and estate and for all members of my family, including minor children, as follows:
1. I am aware that, during the trip or activity, I may be subjecting myself to dangers and hazards that could result in physical or emotional trauma, illness, injury, paralysis, death, or damage to myself, property, and/or third parties. I acknowledge that high-altitude mountain hiking entails known and unanticipated risks, including but not limited to: hazards of traveling in uneven mountainous terrain; slips and falls; being struck by rockfall, icefall, or other objects dislodged or thrown from above; forces of nature, including lightning and weather changes; the risk of falling from rocks or mountainsides; exposure to insect bites or animal attacks; altitude- and cold-related conditions including hypothermia, frostbite, acute mountain sickness, high-altitude cerebral edema, and high-altitude pulmonary edema; my own physical condition; and the physical exertion associated with this activity. Additional dangers may include travel in remote areas with limited infrastructure and medical services; risks associated with viewing wild animals; accidents or illness in remote places without access to emergency medical facilities; war; terrorism; and other disruptive forces. I understand that this description of risks is not complete and that other unanticipated inherent risks may occur. I recognize that such risks, dangers, and hazards may be present at any time during the trip. I also acknowledge that medical services or facilities may not be readily available or accessible during some or all of the time in which I am participating in the trip.
2. I expressly agree to accept and assume all of the risks, both known and unknown, associated with this activity. I acknowledge that my participation is entirely voluntary, and I elect to participate in spite of these risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Ultimate Kilimanjaro® from any and all claims, demands, or causes of action arising out of or related to my participation in this activity, including, but not limited to, claims alleging negligent acts or omissions.
4. Should Ultimate Kilimanjaro®, or anyone acting on their behalf, incur attorney’s fees or costs to enforce this Agreement, I agree to reimburse them for all such fees and costs.
5. This Agreement shall be governed by the laws of the State of Wyoming. Any legal action arising out of or relating to this Agreement, or my participation in this trip, shall be brought exclusively in the courts of the State of Wyoming. I further waive my right to a trial by jury in any such action.
6. I certify that I am physically and medically fit to participate on this trip. I understand that my resting pulse rate must be below 100 before beginning the trek. My pulse will be checked prior to departure, and if it exceeds 100, I will be required to obtain additional medical clearance before being permitted to start the trek. I acknowledge that failure to provide such clearance will result in denial of participation without refund.
7. I agree to obtain and maintain the required travel insurance to cover any injury, illness, or damage I may cause or suffer while participating in this trip. I agree to be fully responsible for all costs arising from such injury, illness, or damage. I further acknowledge and accept the risks associated with any medical or physical conditions I may have.
8. I understand that Ultimate Kilimanjaro® contracts with independent contractors to provide services on the trip or activity, including transportation, accommodations, and guiding. I acknowledge that Ultimate Kilimanjaro® has no control over, and accepts no responsibility for, the acts, omissions, or defaults of any contractor involved in providing such services. Ultimate Kilimanjaro® shall not be liable for any injury, damage, loss, delay, or irregularity arising from any cause, including but not limited to: vehicle defects; the acts or defaults of carriers or service providers; acts of God; detention, quarantine, or government restrictions; terrorism, war, strikes, or civil disturbances; theft; force majeure; accidents involving aircraft, boats, bicycles, motor vehicles, or other transport; or failures, delays, or changes in transit, accommodations, restaurants, or camping services.
By agreeing to this document, I acknowledge that I may be found by a court of law to have waived my right to maintain a lawsuit against Ultimate Kilimanjaro® for any claim released herein. I further understand and agree that any such legal action must be filed only in the State of Wyoming, and I waive my right to a trial by jury. I have had sufficient opportunity to read this entire document. If any part of this Agreement is deemed unenforceable, all the remaining parts shall remain in full force and effect. I have read and understand it, and I agree to be bound by its terms.