PEREGRINE RUNNING LLC dba Go Run Vacations
ACTIVITY RELEASE AND WAIVER
This Activity Release and Waiver (this “Agreement”) is a legally binding release, waiver of liability and assumption of the risk agreement. Please read it carefully before signing. In consideration for Peregrine Running LLC, an Arizona limited liability company dba Go Run Vacations (“Go Run”), agreeing to take an individual (a “Participant”) to a vacation running tour (“Tour”), Participant agrees to the following terms and conditions:
1. Participant assumes the risks associated with the Tour activities. As this is a vacation running tour, Participant will be staying at vacation rentals with the Tour group. Accommodations may include meals cooked at the vacation rental, and alcohol may also be served or allowed. Participant acknowledges that participation in the running or other offered activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to Participant, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities. The risks include, among other things, the hazards of running or walking on uneven terrain; slips and falls; falling objects; water hazards; pinches, bruises, abrasions, strains, cuts and lacerations; fractures; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous snakes and other wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; Participant’s own physical condition, and the physical exertion associated with the activities. It is responsibility of Participant to notify Go Run personnel immediately if any of the items above have occurred. Weather, hazards, environmental conditions and equipment malfunction can be unpredictable and unavoidable at times. Participant expressly agrees and promises to accept and assume all of the risks existing in the Tour activities. Participation in the Tour activities is purely voluntary, and Participant elects to participate in spite of the risks listed above and any other risks that may not be specifically mentioned.
2. Participant assumes the risks associated with alcohol consumption and food allergies, and takes full responsibility for his or her own actions, safety and welfare. Participant further understands that he or she will be a member of a group and that Participant will conduct himself or herself in a way that does not endanger Participant or the group.
3. Participant agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Participant’s judgment is impaired. Participant understands and acknowledges that to the extent that any of the Go Run activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers and champagnes. Participant understands the potential risks associated with the consumption of alcohol and acknowledges that Participant does not have or is not aware of any medical conditions(s) that would prevent Participant from consuming alcohol or would result in any injury or damage to Participant as a result of Participant’s consumption of alcohol. Participant acknowledges and agrees that Go Run shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence. Participant waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members or legal representatives may have against Go Run arising from or as a result of any such accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence.
4. Participant warrants, to the best of his or her knowledge, Participant is in good health and has no physical condition that would prevent Participant from participating in the Tour activities. Additionally, by signing below, Participant acknowledges that in the event of an emergency, every effort will be made to contact Participant’s emergency contact listed below. Participant hereby authorizes any medical treatment deemed necessary in the event of any injury or illness while Participant is participating in the Tour activities, including to hospitalize and secure appropriate treatment (including surgery) for Participant. Participant accepts responsibility for and agrees to pay any and all of Participant’s medical expenses incurred in connection with the Tour activities. Participant acknowledges that it is Participant’s responsibility to provide for Participant’s own accident and health coverage while participating in the Tour activities. Go Run does not provide for any accident or health coverage for any Participant.
5. Participant understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Participant acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Participant does not have any medical condition(s) that would prevent Participant from using these methods of transportation or result in any injury or harm to Participant as a result of using these methods of transportation. While Participant understands and agrees that Go Run will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Participant understands that Go Run assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
6. In consideration of Participant’s participation in the various activities that comprise the Tour, Participant understands and accepts the risks associated with participation in these various activities and agrees that neither Go Run, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with Go Run, will be liable for any personal injury, death or damage of any kind whatsoever.
7. Participant agrees and acknowledges that Go Run shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Participant, which may occur on or during the Tour. Participant hereby expressly waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Go Run arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Participant brings on the Tour is brought at Participant’s sole risk and is Participant’s sole responsibility.
8. Participant fully understands that participating in any sporting activity can be a dangerous activity involving many risks of injury or even death. The Tour activities may not only involve risk of serious injury or death, economic loss, property damage, or loss that may result from Participant’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others (including, but not limited to, Go Run personnel and other participants), the condition of the facilities, equipment or areas where the Tour activities are being conducted, and Participant voluntarily agrees to assume all such risks. The Tour activities may also involve non-running activities that include, but may not be limited to, transportation by vehicle to and from the airport and to and from running venues or other Tour activities, social events, hiking, conditioning, stretching and being around other participants, and Participant voluntarily agrees to assume any risk related to these non-sporting activities. Participant assumes the risk of and releases, defends, and holds Go Run harmless for any liability, for any death, physical or other injury, loss, or harm suffered by, during or as a consequence of Participant’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by Go Run’s gross negligence or intentional malfeasance. Therefore, Participant agrees to indemnify, defend, and hold Go Run harmless against any liability, damages, defense costs (including attorneys ’fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives.
9. This Agreement shall be binding on Participant’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, manager, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to Go Run in any way.
10. Participant acknowledges and agrees that Participant has read and agrees to the Booking Conditions as found on the website.
11. Participant hereby gives full consent to Go Run to use and publish Participant’s likeness on Go Run’s advertisements; Participant acknowledges that Go Run does not have to compensate Participant in any way for the use of Participant’s likeness on Go Run’s advertisements. Likenesses include, but are not limited to photographs, images, renderings and drawing of Participant. Advertisements include, but are not limited to Go Run’s website and social media accounts, as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
12. Participant and Participant’s legal guardian(s), personal and legal representatives, heirs, successors and next of kin shall not make any claim against Go Run, or any of its present or former officials, owners, officers, employees, agents, attorneys, insurers, representatives, volunteers and their respective successors, heirs and assigns, or any other person involved in the Tour activities in any way on behalf of go Run, for injury, damage, death, or any other loss arising from or related to any way to Participant’s involvement in the Tour activities, including loss that may result from Participant’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others (including, but not limited to, Go Run personnel), the condition of the facilities, food handling concerns, equipment or areas where the Tour activities are being conducted. Participant agrees that under no circumstances shall Go Run be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Go Run was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Go Run.
13. Participant acknowledges that the trip accommodations and activities will or may involve vacation rental properties and/or other rented establishments, as well as rental vehicles and other vendors’ or proprietors’ equipment. Participant agrees to follow all rules of the applicable proprietors, vendors and service providers. Participant shall not knowingly or negligently destroy, deface, damage, impair or remove any part of any rental unit, vehicle or personal property item or other facility used by the group during the trip. Further, Participant holds harmless and indemnifies Go Run and its members, managers, employees and agents from and against any and all claims, including attorneys’ fees and costs, for damages to real or personal property arising from Participant’s actions while on a Go Run Vacation.
14. To the fullest extent permitted by law, all parties to this Agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel). THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND THE STATE OF ARIZONA. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
15. In the event of any litigation involving any actions covered by this Agreement, should go Run prevail in whole or part, Participant shall pay Go Run’s reasonable attorneys’ fees and costs, and Participant agrees to indemnify and hold Go Run harmless from any third party claims, demands or causes of action which are related to Participant’s participation in the Tour activities. Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Participant agrees that sole jurisdiction and venue for any litigation involving any actions covered by this Agreement shall be in Coconino County, Arizona, and that any disputes shall be subject to and determined under the laws of the State of Arizona.
16. Participant acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any Participant in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s or country’s laws. If paragraph fourteen (14) is found to be unenforceable, then each Participant hereby submits to the exclusive jurisdiction and venue of the state courts in Arizona and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
I, THE UNDERSIGNED PARTICIPANT, HAVE CAREFULLY READ THIS AGREEMENT, AND FULLY UNDERSTAND ITS TERMS WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
ACTIVITY RELEASE AND WAIVER
This Activity Release and Waiver (this “Agreement”) is a legally binding release, waiver of liability and assumption of the risk agreement. Please read it carefully before signing. In consideration for Peregrine Running LLC, an Arizona limited liability company dba Go Run Vacations (“Go Run”), agreeing to take an individual (a “Participant”) to a vacation running tour (“Tour”), Participant agrees to the following terms and conditions:
1. Participant assumes the risks associated with the Tour activities. As this is a vacation running tour, Participant will be staying at vacation rentals with the Tour group. Accommodations may include meals cooked at the vacation rental, and alcohol may also be served or allowed. Participant acknowledges that participation in the running or other offered activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to Participant, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities. The risks include, among other things, the hazards of running or walking on uneven terrain; slips and falls; falling objects; water hazards; pinches, bruises, abrasions, strains, cuts and lacerations; fractures; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous snakes and other wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; Participant’s own physical condition, and the physical exertion associated with the activities. It is responsibility of Participant to notify Go Run personnel immediately if any of the items above have occurred. Weather, hazards, environmental conditions and equipment malfunction can be unpredictable and unavoidable at times. Participant expressly agrees and promises to accept and assume all of the risks existing in the Tour activities. Participation in the Tour activities is purely voluntary, and Participant elects to participate in spite of the risks listed above and any other risks that may not be specifically mentioned.
2. Participant assumes the risks associated with alcohol consumption and food allergies, and takes full responsibility for his or her own actions, safety and welfare. Participant further understands that he or she will be a member of a group and that Participant will conduct himself or herself in a way that does not endanger Participant or the group.
3. Participant agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Participant’s judgment is impaired. Participant understands and acknowledges that to the extent that any of the Go Run activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers and champagnes. Participant understands the potential risks associated with the consumption of alcohol and acknowledges that Participant does not have or is not aware of any medical conditions(s) that would prevent Participant from consuming alcohol or would result in any injury or damage to Participant as a result of Participant’s consumption of alcohol. Participant acknowledges and agrees that Go Run shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence. Participant waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members or legal representatives may have against Go Run arising from or as a result of any such accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence.
4. Participant warrants, to the best of his or her knowledge, Participant is in good health and has no physical condition that would prevent Participant from participating in the Tour activities. Additionally, by signing below, Participant acknowledges that in the event of an emergency, every effort will be made to contact Participant’s emergency contact listed below. Participant hereby authorizes any medical treatment deemed necessary in the event of any injury or illness while Participant is participating in the Tour activities, including to hospitalize and secure appropriate treatment (including surgery) for Participant. Participant accepts responsibility for and agrees to pay any and all of Participant’s medical expenses incurred in connection with the Tour activities. Participant acknowledges that it is Participant’s responsibility to provide for Participant’s own accident and health coverage while participating in the Tour activities. Go Run does not provide for any accident or health coverage for any Participant.
5. Participant understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Participant acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Participant does not have any medical condition(s) that would prevent Participant from using these methods of transportation or result in any injury or harm to Participant as a result of using these methods of transportation. While Participant understands and agrees that Go Run will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Participant understands that Go Run assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
6. In consideration of Participant’s participation in the various activities that comprise the Tour, Participant understands and accepts the risks associated with participation in these various activities and agrees that neither Go Run, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with Go Run, will be liable for any personal injury, death or damage of any kind whatsoever.
7. Participant agrees and acknowledges that Go Run shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Participant, which may occur on or during the Tour. Participant hereby expressly waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Go Run arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Participant brings on the Tour is brought at Participant’s sole risk and is Participant’s sole responsibility.
8. Participant fully understands that participating in any sporting activity can be a dangerous activity involving many risks of injury or even death. The Tour activities may not only involve risk of serious injury or death, economic loss, property damage, or loss that may result from Participant’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others (including, but not limited to, Go Run personnel and other participants), the condition of the facilities, equipment or areas where the Tour activities are being conducted, and Participant voluntarily agrees to assume all such risks. The Tour activities may also involve non-running activities that include, but may not be limited to, transportation by vehicle to and from the airport and to and from running venues or other Tour activities, social events, hiking, conditioning, stretching and being around other participants, and Participant voluntarily agrees to assume any risk related to these non-sporting activities. Participant assumes the risk of and releases, defends, and holds Go Run harmless for any liability, for any death, physical or other injury, loss, or harm suffered by, during or as a consequence of Participant’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by Go Run’s gross negligence or intentional malfeasance. Therefore, Participant agrees to indemnify, defend, and hold Go Run harmless against any liability, damages, defense costs (including attorneys ’fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives.
9. This Agreement shall be binding on Participant’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, manager, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to Go Run in any way.
10. Participant acknowledges and agrees that Participant has read and agrees to the Booking Conditions as found on the website.
11. Participant hereby gives full consent to Go Run to use and publish Participant’s likeness on Go Run’s advertisements; Participant acknowledges that Go Run does not have to compensate Participant in any way for the use of Participant’s likeness on Go Run’s advertisements. Likenesses include, but are not limited to photographs, images, renderings and drawing of Participant. Advertisements include, but are not limited to Go Run’s website and social media accounts, as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
12. Participant and Participant’s legal guardian(s), personal and legal representatives, heirs, successors and next of kin shall not make any claim against Go Run, or any of its present or former officials, owners, officers, employees, agents, attorneys, insurers, representatives, volunteers and their respective successors, heirs and assigns, or any other person involved in the Tour activities in any way on behalf of go Run, for injury, damage, death, or any other loss arising from or related to any way to Participant’s involvement in the Tour activities, including loss that may result from Participant’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others (including, but not limited to, Go Run personnel), the condition of the facilities, food handling concerns, equipment or areas where the Tour activities are being conducted. Participant agrees that under no circumstances shall Go Run be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Go Run was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Go Run.
13. Participant acknowledges that the trip accommodations and activities will or may involve vacation rental properties and/or other rented establishments, as well as rental vehicles and other vendors’ or proprietors’ equipment. Participant agrees to follow all rules of the applicable proprietors, vendors and service providers. Participant shall not knowingly or negligently destroy, deface, damage, impair or remove any part of any rental unit, vehicle or personal property item or other facility used by the group during the trip. Further, Participant holds harmless and indemnifies Go Run and its members, managers, employees and agents from and against any and all claims, including attorneys’ fees and costs, for damages to real or personal property arising from Participant’s actions while on a Go Run Vacation.
14. To the fullest extent permitted by law, all parties to this Agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel). THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND THE STATE OF ARIZONA. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
15. In the event of any litigation involving any actions covered by this Agreement, should go Run prevail in whole or part, Participant shall pay Go Run’s reasonable attorneys’ fees and costs, and Participant agrees to indemnify and hold Go Run harmless from any third party claims, demands or causes of action which are related to Participant’s participation in the Tour activities. Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Participant agrees that sole jurisdiction and venue for any litigation involving any actions covered by this Agreement shall be in Coconino County, Arizona, and that any disputes shall be subject to and determined under the laws of the State of Arizona.
16. Participant acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any Participant in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s or country’s laws. If paragraph fourteen (14) is found to be unenforceable, then each Participant hereby submits to the exclusive jurisdiction and venue of the state courts in Arizona and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
I, THE UNDERSIGNED PARTICIPANT, HAVE CAREFULLY READ THIS AGREEMENT, AND FULLY UNDERSTAND ITS TERMS WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.