Liability Waiver & Release Form

This Agreement (Waiver and Release) is between Participant and Force of Nature Adventures dba owned by Xplrher LLC (Company), a New Hampshire Limited Liability Company located at 49 Sara Drive, Temple, NH 03084.

Company is in the business of operating and directing “hiking” and “adventure” vacation hikes, tours and excursions. All of these adventures include a variety of physical activities that will require your participation. Your agreement to the terms outlined in this Waiver and Release, as evidenced by your signature, is to verify that you have been advised of, accept and assume all responsibility and risks for participating in these activities. Further, that you fully indemnify Force of Nature Adventures, its parent company Xplrher LLC, its Owner, Employees, Subcontractors, Vendors and assigns of all liabilities in this matter.

My participation is completely voluntary, and I acknowledge that there are inherent risks that I am personally assuming while participating in these activities. I am freely accepting and fully assuming in every manner, risks for possible personal injury, injury to property, loss to myself or property, and possible death or serious bodily injury. I, personally and on behalf of my heirs, next of kin, executors and assigns, agree as follows:

1. To waive any and all claims known or unknown, that I may have in the future as a result of my participation in any activity sponsored by, or participated in with, Company.
2. To waive any and all claims that I may have in the future, and hold harmless all owners, directors, board members, employees, subcontractors, volunteers, business operators, contractors, or other participating members of Company (Associates).
3. To waive and forever release and discharge Company from all liability for any personal injury, death, property damage or loss resulting from my participation in any activity due to any cause. This includes loss from negligence, failure to use reasonable care, gross negligence, or any breach of duty imposed by law, breach of contract, or mistake in error of judgement of Company and its Associates.
4. To be personally liable, holding harmless and indemnifying Company and its Associates, from all actions, proceedings, claims, damages, and costs demands, including but not limited to court costs, non-scheduled or emergency evacuation, rescue or first aid, medical costs whether emergent in nature or infectious disease such as viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact, or liabilities whatsoever of any nature arising of, or connected in anyway with my participation in the activities or trips organized by, or promoted by, Company and its Associates.

I, the undersigned, being aware of my own health and physical condition, do hereby swear that I have no existing condition that would limit my participation in any activity that requires physical exertion on my behalf.

Having complete knowledge of my own health and physical condition, and being made fully aware that adventures I will be participating in require intense physical activities, do hereby waive and release Company, and all of its Associates, from all liability as a result of my participation in these activities. In the event of an emergency, I authorize Company to seek medical treatment on my behalf. I understand that I am responsible for all medical costs incurred as a result of such treatment.

Company states the physical demands for each trip and hike on the web page. I have read the description of physical demands and accept personal responsibility for deciding that I am physically capable of participating in the selected trip. I fully acknowledge that I am aware of the physical demands of the trip or hike and certify that I am fully able to meet the minimum requirements as stated on the trip’s web page. I confirm that I have the physical functionality, motor skills, strength, and physical attributes to perform these physical activities.

Recognizing there are inherent risks that I am assuming by my participation in this organized trip or hike, I also agree to abide by all rules, posted warnings, instructions, and/or directions given by Company and its Associates. Company may contract with independent contractors to provide transportation, guide services, excursions and/or all other related travel services. Company assumes no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: acts of God, detention, annoyance, terrorism, thefts, pilferage, force majeure, civil disturbances, government restrictions or regulations, strikes, infectious disease such as viruses, bacteria, fungi or parasites which may be transmitted through direct or indirect contact, delays and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, discrepancies or change in transit or hotel services over which Company has no control. I agree to sign all releases required by any participating organization and to follow their rules completely.

Company reserves the right to decline to accept or retain any person as a tour participant should such person’s behavior, health or mental condition impede the operation of the trip.

Company reserves the option to modify trip itineraries at the discretion of your tour director as necessary due to weather, conditions, illness, injury, group dynamics, safety, or other unforeseen incidents.

In addition to the above, I understand that I can obtain personal medical coverage, or additional insurance, that would cover injuries received on this trip and/or hike. Furthermore, I agree to use my personal medical insurance for any medical coverage or medical payment for injury incurred by me while on this trip and/or hike. I understand that I may purchase travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency.

Company reserves the rights to use any and all images taken of all persons during participation in any event sponsored, co-sponsored or related to the business of Company. This media wavier is releasing any and all liability of Company and allowing the use of all forms of Image duplication for use in marketing, social media, print, the website or any other legal duplication of said images, without compensation.

I have completely read, and fully understand this Waiver and Release, and comprehend with complete understanding the legal terms, and ramifications of these terms, used herein. This Waiver and Release is freely and voluntarily given, and I understand that I am waiving any and all legal recourse, now and forever, that I may have against Company.

This Waiver and Release shall be governed by and construed in accordance with the laws of the state of New Hampshire, United States.

If any provision of this waiver and release is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Participant has read and understood, and hereby agrees to all the terms and conditions contained in this Waiver and Release. I have received this Waiver and Release in plenty of time to have it reviewed by an attorney, if I so wished.