Idaho Extreme Adventures

Waiver and Release of Liability - Military Vehicle Tour

Agreement made on this date, between the undersigned, referred to herein as Participant; and Idaho Dunes Holdings, LLC (dba Idaho Extreme Adventures), an Idaho Limited Liability Company, principal business location: 1695 E. 500 N., St. Anthony, Idaho 83445, along with its individual Guides hired or retained for the Guided Tour, (collectively referred to herein as Company).

Whereas, Company (and its Guides) are providing Participant a two (2) hour Military Vehicle Guided Tour (Tour) on the scheduled date, which will begin and end at the Company’s principal business location.

Whereas, all potential participants in a Tour are required to sign this Waiver and Release to be allowed to take part in said Tour.

Now, therefore, for and in consideration of being allowed to participate in said Tour and the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant voluntarily and knowingly agrees as follows (PLEASE INITIAL ALL):

1.  Acknowledgement of Risks and Responsibilities. The Participant is voluntarily participating in the Tour. The Participant is fully aware that participating will entail risks of possible injury, illness or death. Those risks include but are not limited to: accident (crashing), falling, animals, inclement weather, natural elements and disasters, fatigue, chill, and high-altitude sickness. Participant further understands while the trail/path/road is maintained, there may still be seen and unseen hazards which poise injury risks. A full list/description of all risks are not completely outlined herein and unknown, unanticipated risks may also result in injury, illness or death from participation in the Tour. Participation by the undersigned is purely voluntary and Participant has elected to participate knowing these potential risks. No one unduly influenced Participant or is forcing him/her to participate in the Tour or sign this Waiver and Release.

2.  Physical Status. The undersigned Participant verifies that he/she is physically fit, not under the influence of alcohol or drugs and sufficiently qualified and capable to operate a vehicle and/or participate in the Tour. The undersigned assumes full responsibility for injury, accidents, illness, death, personal property loss and expenses as a result of any accident which may occur while on the Company’s property and while participating in the Tour.

3.  Release of Liability. Participant completely releases, acquits and discharges the Company and each of its Guides, officers, agents, employees, independent contractors, volunteers, insurers and each and every land owner, municipal and/or governmental agency upon whose property the Tour will be conducted, from all liability to Participant. Participant acknowledges and understand that he/she is fully responsible for his/her own personal property brought onto the Company property before, during and after the Tour. The Company does not provide security services for the protection of personal property.

This Release includes, but is not limited to, all claims or causes of action whether based on a tort, contract, or any other theory of recovery, which the Participant now has or which may hereafter accrue or may otherwise be acquired on account of or may in any way grow out of any Tour including, but not limited to, any and all claims for emotional distress, loss of consortium, loss of companionship, loss of income, bodily or personal injury to Participant or members of Participant’s family, or any wrongful death claim or punitive damage or any other claim of Participant’s representatives or heirs which have resulted or may result from the activities, acts, omissions, of anyone associated with the Tour. Participant releases and discharges Company, its agents, subsidiaries, assigns, employees, officers, partners, and Members from any damage or loss of personal property before, during and after the Tour. Participant further waives any claim for personal injury or property damage arising from any cause whatsoever, including but not limited to, the Company’s negligence, negligence of the Company’s employees, officers, agents, independent contractors and volunteers, and other released parties, whether passive or active.

4.  Military Tour Operation. The undersigned Participant will complete a safety meeting with Company and will be advised of the terrain that the Tour will travel over and expected changes in terrain. 

5.  PARTICIPANT HAS READ THIS WAIVER AND RELEASE OF LIABILITY AND UNDERSTANDS THAT BY SIGNING THIS WAIVER AND RELEASE, HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS HE/SHE MIGHT HAVE FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE.

6.  Entire Agreement. This Agreement shall be binding on the parties and contains the parties’ entire agreement and supersedes any prior written or oral agreements between them concerning the terms contained herein.

7.  The provision of this Waiver and Release will continue in full force and effect even after the Tour termination whether by agreement, operation of law, or otherwise.

8.  Regardless of the situation or circumstances giving rise to a claim, Participant waives any right to seek consequential, punitive or exemplary damages against Company, its owners, officers, directors, affiliates, agents, contractors, independent contractors and employees, for any reason whatsoever.

9.  Participant agrees that if any term set forth in this document is found to be unenforceable, all other terms set forth in this document are severable from the terms that are invalidated.

10.  Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the State of Idaho.

11.  Notices. Any notice provided for or concerning this Agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail to the party’s address as set forth above.

12.  Mandatory Arbitration. Any Agreement dispute shall be resolved by binding arbitration. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select the third arbitrator who shall arbitrate said dispute. The American Arbitration Association rules shall govern the arbitration.

13.  Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

14.  Modification of Agreement. Any Agreement modification or obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or a party’s authorized representative.

15.  Assignment of Rights. A party’s rights under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, written consent of the other party.

16.  Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

17.   Right To Photograph. I grant Company, its representatives and employees the right to take photographs/videos of me and my property in connection with my Tour. I authorize Company, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Company may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.

WITNESS our signatures as of the day and date first above stated.


If Participant in under the age of eighteen (18), Parents or Guardians must also sign the following Agreement.

The undersigned declare that we are the Parents or Legal Guardians of the above-named Participant. In such capacity as Parents or Legal Guardians, we acknowledge that we have carefully read this Waiver and Release and we do hereby assume all responsibilities and obligations of Participant as set for therein and do specifically agree to indemnify and hold Company harmless as set forth in said Release.

CONSENT AS TO MEDICAL CARE
In addition, in the event of an emergency or non-emergency situation requiring medical
treatment, the undersigned Parents or Legal Guardians hereby grant permission for any and all medical and/or dental attention to be administered to Participant, in the event of an accidental injury or illness. This permission includes, but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery, under the recommendation of qualified medical personnel. The undersigned request that we be contacted as soon as possible in the case such medical care is necessary or appears to be necessary.