Free Liability Waiver Template

LIABILITY WAIVER AND RELEASE

United States

This Liability Waiver and Release of Liability (this "Waiver") is entered into by and between Summit Outdoor Adventures LLC ("Organizer") and Sarah Kim ("Participant"). The Participant desires to voluntarily participate in Mountain Trail Adventure Tour on April 15, 2026 at Rocky Mountain Adventure Center, 2500 Alpine Drive, Boulder, CO 80302. In consideration of being permitted to participate, the Participant agrees as follows:

This Waiver is entered into by and between:

Organizer: Summit Outdoor Adventures LLC, represented by Michael Torres, located at 2500 Alpine Drive, Suite 100, Boulder, CO 80302

Participant: Sarah Kim, born on June 15, 1992, residing at 1842 Maple Street, Apt 3B, Denver, CO 80202

The Participant desires to voluntarily participate in the following activity: Mountain Trail Adventure Tour (Recreational activity), taking place at Rocky Mountain Adventure Center, 2500 Alpine Drive, Boulder, CO 80302 on April 15, 2026.

Activity Description: Guided mountain trail hiking including scrambling over rocky terrain, stream crossings, and exposed ridge walking at elevations up to 12,000 feet. Participants will use trekking poles and wear safety helmets during the scrambling sections. The tour covers approximately 8 miles round trip with 3,000 feet of elevation gain.

Emergency Contact: David Kim, Phone: (555) 876-1234

The Participant acknowledges and understands that participation in Mountain Trail Adventure Tour involves inherent risks, dangers, and hazards that may result in serious physical injury, permanent disability, paralysis, or death, as well as damage to personal property. These risks may arise from the Participant's own actions, the actions of other participants, the condition of the premises, or other causes.

The Participant specifically acknowledges the following known risks associated with this activity:
Physical injury from falls, sprains, fractures, or head injuries on rocky terrain; exposure to extreme weather including lightning, high winds, and rapid temperature changes; altitude sickness, dehydration, or hypothermia; encounters with wildlife including bears, mountain lions, and venomous snakes; risk of rockfall and landslides; equipment failure; risk of getting lost on unmarked trails

The Participant understands that the above list of risks is not exhaustive and that other unknown or unanticipated risks may also exist. The Participant acknowledges that participation in the activity may require physical exertion and could expose the Participant to conditions and risks not inherent to the activity itself, including but not limited to travel to and from the activity site, exposure to weather conditions, and contact with other participants or spectators.

The Participant hereby affirms that participation in this activity is entirely voluntary. The Participant is not being coerced, pressured, or forced to participate by any person, entity, or circumstance. The Participant has had sufficient opportunity to read and understand this Waiver in its entirety and has chosen to sign it freely and voluntarily.

The Participant affirms that they are physically and mentally fit to participate in the activity and have no known conditions that would limit or prevent their safe participation, unless otherwise disclosed in this document.

In consideration of being permitted to participate in Mountain Trail Adventure Tour, the Participant, on behalf of themselves, their heirs, executors, administrators, personal representatives, and assigns, hereby waives, releases, discharges, and covenants not to sue Summit Outdoor Adventures LLC, including its owners, officers, directors, and agents from any and all claims, demands, actions, causes of action, liabilities, damages, costs, and expenses (including attorney's fees) of any kind or nature whatsoever, whether known or unknown, arising out of or in connection with the Participant's participation in the activity.

This release shall remain in effect perpetual.

Property Damage Waiver: The Participant further waives any claim for damage to or loss of personal property, including but not limited to clothing, equipment, vehicles, jewelry, electronics, and other personal belongings, that may occur during, as a result of, or in connection with participation in the activity. The Participant assumes full responsibility for securing and protecting their personal property.

This Waiver applies to claims arising from any cause whatsoever, including but not limited to: the negligence of the Released Parties; defective equipment or premises; failure to adequately warn, instruct, or supervise; and any other acts or omissions that may give rise to liability.

Clear and Conspicuous Notice. The Participant acknowledges that the language of this Waiver is intended to be clear, unambiguous, and conspicuous as required by the laws of most U.S. states for the enforcement of pre-injury releases. The Participant has read this Waiver, has had the opportunity to ask questions, and has signed it voluntarily with full knowledge of its legal effect.

Public Interest and Statutory Limits. The parties acknowledge that enforceability of this release is governed by the public-interest test first articulated in Tunkl v. Regents of the University of California, 60 Cal. 2d 92 (1963), and its progeny. This Waiver shall not be enforced to the extent it would release liability for gross negligence, recklessness, or intentional or willful misconduct, or to the extent it is void under an applicable state statute. Examples include New York General Obligations Law section 5-326 (voiding pre-injury releases for pools, gymnasiums, places of amusement, and similar recreational establishments) and the Virginia doctrine set forth in Hiett v. Lake Barcroft Community Association, 244 Va. 191 (1992) (holding pre-injury releases of liability for negligence void as against public policy). Where the activity is one to which a state recreational-use or equine-activity statute applies, this Waiver is intended to operate in conjunction with - and not in substitution for - the statutory assumption of inherent risks.

Inherent-Risk Doctrine. The Participant expressly assumes the inherent risks of the activity under the common-law doctrine of primary assumption of risk. Nothing in this Waiver enlarges the Organizer's duty beyond what is required by applicable law, nor does it affect rights that cannot lawfully be waived.

The Participant hereby expressly and voluntarily assumes all risks of injury, harm, or loss that may result from participation in Mountain Trail Adventure Tour, whether caused by the negligence of the Released Parties or otherwise. The Participant acknowledges that they have been informed of, understand, and appreciate the nature and extent of the risks involved, including those identified in this Waiver and any additional risks that may not be specifically listed.

The Participant's assumption of risk includes, but is not limited to: (a) the inherent risks of the activity itself; (b) the risk of injury from equipment, facilities, or premises; (c) the risk of injury from the conduct of other participants; (d) the risk of adverse weather conditions; and (e) the risk of any other hazards associated with the activity or the activity site.

The Participant agrees to indemnify, defend, and hold harmless Summit Outdoor Adventures LLC, including its owners, officers, directors, and agents from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or relating to: (a) the Participant's participation in the activity; (b) any breach of this Waiver by the Participant; (c) any negligent or intentional act or omission of the Participant; or (d) any claim brought by a third party as a result of the Participant's actions or participation.

Attorney's Fees: In the event of any legal proceeding arising from or related to this Waiver or the Participant's participation in the activity, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party.

The Participant hereby authorizes Summit Outdoor Adventures LLC and its designated representatives to obtain or provide emergency medical treatment for the Participant in the event of an injury, accident, or medical emergency during participation in the activity. The Participant consents to any medical treatment, hospitalization, anesthesia, surgery, or other procedure that may be deemed necessary or advisable by qualified medical personnel in the event of an emergency. The Participant understands that the Organizer will make reasonable efforts to contact the designated emergency contact, but authorizes treatment to proceed without delay if contact cannot be made.

Known Medical Conditions: Mild exercise-induced asthma (well-controlled); previous right ankle sprain (2023, fully recovered)

Insurance Information: Blue Cross Blue Shield of Colorado, Policy #BCBS-CO-4478921, Group #GRP-2250

Allergies and Current Medications: Penicillin allergy (causes hives); currently taking Albuterol inhaler as needed for exercise-induced asthma

The Participant agrees to bear all costs associated with any medical treatment provided, including transportation, hospitalization, and emergency services. The Participant releases and holds harmless the Organizer and its representatives from any liability arising from the provision of, or failure to provide, medical treatment or emergency care.

The Participant hereby grants Summit Outdoor Adventures LLC, its agents, employees, and representatives the irrevocable right and permission to photograph, record, film, or otherwise capture the Participant's image, likeness, voice, and/or performance during participation in the activity. The Participant grants the Organizer the right to use, reproduce, distribute, display, and create derivative works from such recordings in any media or format, whether now known or hereafter developed, for any lawful purpose, including but not limited to marketing, advertising, promotional materials, social media, websites, and publications. The Participant waives any right to inspect, approve, or receive compensation for any such use. This release applies worldwide and shall remain in effect in perpetuity.

If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Waiver, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the Parties to the greatest extent possible.

Participant must wear closed-toe hiking boots and a safety helmet during all scrambling sections. Organizer reserves the right to cancel or modify the tour route due to weather conditions or safety concerns without advance notice. All participants must carry at least 2 liters of water and sun protection. Participants agree to follow all instructions given by tour guides and may be removed from the activity for non-compliance.

This Waiver shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Waiver shall be brought exclusively in the state or federal courts located in the State of Colorado, and both Parties hereby consent to the personal jurisdiction of such courts.

This Waiver constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, and discussions, whether oral or written. No amendment, modification, or waiver of any provision of this Waiver shall be effective unless made in writing and signed by both Parties. The Participant acknowledges that they have read this Waiver in its entirety, fully understand its terms and conditions, and agree to be bound by them.

IN WITNESS WHEREOF, the Participant acknowledges that they have read, understood, and voluntarily agree to all the terms and conditions of this Liability Waiver and Release.