Backcountry Beautiful Waiver

BACKCOUNTRY BEAUTIFUL, LLC, CLIMAX REVIVAL,
A DIVISION OF CARNER REAL ESTATE SERVICES INC. & CARNER’S CABIN
WARNING AND ACKNOWLEDGEMENT OF RISK,
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

Sign one waiver per person per trip.

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

In consideration for my being permitted by the owners of Climax Revival, Backcountry Beautiful, LLC and Carner’s Cabin, to use the cabin and private property known as the Minnie Placer, I acknowledge and agree to the following warning, waiver, release and indemnity.

I acknowledge that hiking, backcountry skiing and snowmobiling, and wilderness travel in the winter have inherent risks, hazards and dangers for any person, which cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I understand that these risks, hazards and dangers include without limitation:

  1. Emergency Services response is limited by the distance to medical service facilities and the only road to the property is only accessible by high clearance 4×4 vehicles in the summertime.  An ambulance or fire truck will not be available at the property.  Lake County Search and Rescue or Flight for Life helicopter will have to be engaged for an unresponsive or immobile patient.  Self-rescue options should be considered before undertaking any risky activity.  
  2. The Participant acknowledges that backcountry skiing, by its very nature, involves inherent risks and dangers, including but not limited to: avalanches, rockfalls, tree wells, variations in terrain, variable weather conditions, and other natural and man-made hazards. The Participant is aware that these risks cannot be completely eliminated without compromising the unique character of backcountry skiing.
  3. Risks arising from hiking, backcountry skiing and snowmobiling in areas that are not patrolled, where snow conditions vary, are unpredictable and change, where objects are not marked and hazards may not be visible, where slopes are not groomed, maintained or controlled, where weather is changeable and unpredictable and where avalanches occur.
  4. Risks involved in decision making and route finding in a wilderness environment in mountainous terrain; and risks of getting lost, suffering mechanical breakdown, and of not reaching the cabin;
  5. Risks arising from travel and overnight stays at altitudes ranging from 10,000 feet to 12,000 feet above sea level including without limitation, acute mountain sickness, high altitude cerebral edema, high altitude pulmonary edema, and other effects of altitude and altitude-related sickness; 
  6. Risks arising from the use of a remote, simple cabin with no communication systems, in a wilderness environment in mountainous terrain;
  7. Such other risks, hazards and dangers that are integral to the sport of hiking, skiing and/or snowmobiling and to wilderness travel in the winter in a wilderness environment in mountainous terrain.

I have read the information provided to me by Backcountry Beautiful, LLC, Climax Revival, and Carner’s Cabin and the Cabin Operators through my group leader concerning the use of the property. I also acknowledge that Cabin Operators and their staff have been available to more fully explain to me the risks, hazards and dangers of skiing, winter travel and use of the property. I understand that skiing and/or snowmobiling to use the property in a wilderness environment in mountainous terrain may require good physical conditioning and a degree of skill and knowledge different from other types of skiing and snowmobiling. I understand that I have responsibilities as a skier and backcountry traveler in the winter. I am voluntarily using Carner’s Cabin and the property with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis or death. 

Lastly, I, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS BACKCOUNTRY BEAUTIFUL, LLC, CLIMAX REVIVAL AND CARNER’S CABIN, their directors, officers, agents,  employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) and ORDINARY NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my traveling to, from or between the cabin and other destinations, the use of their information services and skiing and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, or death results from ORDINARY NEGLIGENCE of the Cabin Operators or any of them, their directors, officers, agents, employees and volunteers or from some other cause. 

In the event I am a group leader, I agree to save and hold harmless, indemnify, and forever defend the Cabin Operators, their directors, officers, agents, employees and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys’ fees) and ORDINARY NEGLIGENCE made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed, or had signed by a parent or guardian, and delivered to the Cabin Operators, Warning And Acknowledgement Of Risk, Release Of Liability And Indemnity Agreement, as a result of said member’s travel to and use of the cabin, the property and facilities of the Cabin Operators. 

I, for myself, my heirs, my successors, executors and subrogors, further agree not to sue the Cabin Operators as a result of any injury, paralysis or death suffered in connection with my use of the property or the traveling and skiing and/or snowmobiling to, from, and between the cabin and other destinations. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.

Waiver Form

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS USE, WAIVER AND RELEASE AGREEMENT.