Middle Fork Lodge Liability Release
MIDDLE FORK LODGELicensed, Bonded and Insured Idaho OutfitterIOGLB License No. 04562
NATURE OF FACILITY AND ACTIVITIES
Middle Fork Management Company, Inc., doing business as Middle Fork Lodge (hereinafter “MFL”) provides guests with the opportunity to obtain lodging in the Frank Church River of No Return Wilderness (hereinafter “Wilderness Area”). The Wilderness Area comes with many perils, known and unknown, seen and unseen, for guests of MFL. Specifically, guests at all times are exposed to the natural elements present in a Wilderness Area which can cause severe injury and/or death, including but not limited to weather conditions, forest fire, river conditions, wildlife danger (e.g., bear, mountain lion, elk, moose), and plant exposure (e.g., poison ivy).
Within the Wilderness Area, MFL provides access to numerous activities which may or may not be supervised and/or guided. These activities include, but are not limited to, fishing, trail rides, pack trips, horseback riding, backpacking, big game hunting, predator hunting, bird hunting, hiking, swimming (in the MFL pool, and in nearby rivers and lakes), yard games, rafting, trap shooting, and other outdoor recreation activities.
MFL encourages guests to participate in various activates described herein, but each guest must be aware that each specific activity has inherent dangers which cannot be reduced under any circumstances. The following is a non-exclusive list of some inherent dangers which exist in relation to some, but not all, of the activities that are available for your participation and enjoyment at MFL:
All Outdoor Activities: Broken limbs, cuts, wildlife attacks, ligament damage, exhaustion, sprained ankles, drowning, collision with rocks, trees, floating objects, etc.
Shooting and Hunting: Hearing loss, injury to shoulders, death and/or injury from being shot by a firearm, etc.
Horseback Riding and Horse/Mule Associated Activities: Being thrown from a horse, saddle cinch becomes loose and causes a fall, horse refuses a command resulting in an injury, being kicked or thrown, etc.
In the event that one of the above-identified inherent dangers or an unidentified danger cause’s injury to you, MFL’s remote location within the Wilderness Area severely limits a guest’s ability to obtain emergency services and/or medical treatment. This inability to obtain emergency services and/or medical treatment may result in death and/or additional injury which would not be expected in an area with readily available access to emergency services and/or medical treatment.
The undersigned, in consideration of being permitted access to MFL for lodging, recreation and the ability to participate in supervised and/or unsupervised activities and/or guided and/or unguided activities, and the use of outdoor and/or recreational equipment and animals provided by MFL as described above in the Nature of Facility and Activities during the undersigned’s stay at MFL does irrevocably, personally and for his or her heirs, assigns and legal representatives, release and waive any and all past, present or future claims, demands, and causes of action which the undersigned now has or may in the future have against MFL, its members, directors, shareholders, administrators, representatives, officers, agents, employees, and assigns, which shall include, but is not limited to, MFL and Middle Fork Holding Company, Inc., and each of them (hereinafter jointly and severally referred to as “Releasees”), for any and all past, present or future loss of or damage to property, and/or bodily injury, including death, however caused, resulting from, arising out of or in any way connected with the undersigned’s stay at MFL, participation in supervised and/or unsupervised activities and/or guided and/or unguided activities provided by MFL, and the use of outdoor and/or recreational equipment and animals provided by MFL.
HOLD HARMLESS AND INDEMNITY AGREEMENT
The undersigned agrees to defend, indemnify and hold harmless the Releasees and each of them from any loss, liability, damage or cost she/he might incur due to his/her stay at MFL, participation in supervised and/or unsupervised activities and/or guided and/or unguided activities provided by MFL, and the use of outdoor and/or recreational equipment and animals provided by MFL as described within in the Nature of Facility and Activities, regardless of cause. The undersigned further covenants not to cause any action at law or in equity to be brought or permit such to be brought in his or her behalf, either directly or indirectly, on account of loss or damage to property and/or bodily injury, including death, against the Releasees, resulting from, or arising out of, or in any way connected with any claims, demands, and causes of action which now or in the future may be asserted against the Releasees arising out of or by reason of said course described above, including any injury, loss or damage that might occur at any place in connection therewith.
ASSUMPTION OF RISK AGREEMENT
The undersigned further states and affirms that he/she is aware of the fact that the aforesaid participation in supervised and/or unsupervised activities and/or guided and/or unguided activities and the use of outdoor and/or recreational equipment and animals provided by MFL as described within in the Nature of Facility and Activities, even under the safest conditions possible, may be hazardous, that he/she assumes the risks of any and all loss of or damage to property and/or bodily injury, including death, however caused, resulting out of or in any way connected with the lodging and/or services provided by MFL, that he/she is of legal age and is competent to sign this instrument, and that he/she has read and understands all of the provisions herein contained. Risks include, but are not limited to, those described herein in the Nature of Facility and Activities.
By my signature below I am certifying that I am in good health, and sufficient condition to participate in any of the activities that I willfully participate in during my time at MFL.
EXECUTION ON BEHALF OF MINOR
In addition to the execution this document on behalf of myself; I am also executing this document on behalf of my minor children listed below and/or the minor children for whom I am a legal guardian. For all intents and purposes this document shall have the same effect upon me and my minor children and/or the minor children for whom I am a legal guardian.
I HAVE READ THIS DOCUMENT. I VOLUNTARILY SIGN MY OWN NAME AS EVIDENCE OF MY (AND/OR MY MINOR CHILD’S) ACCEPTANCE OF THE ABOVE PROVISIONS.
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Document Name: Middle Fork Lodge Liability Release
Agree & Sign