SUMMER HIKING ACKNOWLEDGMENT FORM

ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR HIKING/TREKKING AND WILDLIFE WATCHING

WARNING: There are significant elements of risk in any activity associated with outdoor adventures, including but not limited to camping, climbing/hiking, trekking, wilderness lodges, and the presence or use of animals, (referred to herein as “activity”). Although we have taken reasonable steps to provide you with skilled guides so you can enjoy an activity for which you may not be skilled, we wish to remind you that this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. This has been recognized by the State of Montana, Mont. Code Ann. §23-2-651. The same elements that contribute to the unique character of the activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma, injury or death. We do not want to reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

ACKNOWLEDGMENT OF RISKS: Pursuant to Mont. Code Ann. §23-2-702 (2) (a) - (k) some of the inherent dangers and risk of Hiking/ Trekking/ Wildlife watching include but are not limited to:

1. Changing weather conditions;
2. Presence of wildlife;

Other risks include but are not limited to: 1) Falling; 2) cold weather and heat related injuries and illnesses including frostnip, frostbite, heat exhaustion, heat stroke, hypothermia, and dehydration; 3) an “act of nature” which may include avalanche, rock fall, inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions; 4) River crossings, fording, portaging, or travel including travel to or from the activity; 5) Risk associated with crossing, climbing or down-climbing of rock, snow and/or ice; 6) Equipment failure and/or operator error; 7) Impairment of my sense of balance, physical coordination, and ability to follow instructions; 8) Attack by or encounter with insects, reptiles, or animals; 9) Accidents or illnesses occurring in remote places where there are no available medical facilities; 10) Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I am aware that this activity entails risks of injury or death to myself, minor children for which I may be responsible and others that may be near me. I agree to assume responsibility for both the risks identified herein and for those risks not specifically identified. My/ Our participation is purely voluntary. No one is forcing me/us to participate and I/we elect to participate despite of the risks. I am (We are) physically and mentally capable of participating in the activity and/or safely using the equipment. I assume full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration; oxygen shortage (hypoxia); exposure and/or altitude sickness; head, neck and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks. I also assume responsibility for damage to or loss of my/our personal property as the result of any accident that may occur.

Further, I acknowledge that pursuant to Mont. Code Ann. §23-2-736 a skier shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of Hiking/ Trekking/ Wildlife watching.

In accordance with laws and regulations governing the National Park Service ("NPS"), this liability release shall not apply with respect to negligence, injuries, or other losses occurring on any NPS property. Otherwise this shall apply and should be read carefully because this Release and Indemnity Agreement contains a surrender of certain legal rights.

COVENANT OF GOOD FAITH: I recognize that Beartooth Powder Guides, LLC as provider of guide services, will operate under a covenant of good faith and fair dealing, but that Beartooth Powder Guides, LLC may find it necessary to terminate an activity or refuse or terminate the participation of any person for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to achieving objectives. I acknowledge and understand that Beartooth Powder Guides, LLC and its principals, members and Employees have the right to refuse to allow me to participate in a guided activity if I am under the influence of drugs or alcohol or otherwise impaired. I further agree that for my own safety and for the safety of others, that I will not consume alcohol or other substances which could impair my ability to snowmobile, ski or perform any other activity.

AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance, or in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.

RELEASE: In consideration of services or property provided and in addition to Mont. Code Ann. §23-2-837, I, for myself and any minor children which I am parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, do hereby fully and completely release Beartooth Powder Guides, LLC, its principals, directors, officers, agents, employees, members and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, from all liability and waive any claims, actions, losses, demands, injuries, damages, liabilities arising from any cause whatsoever (except that which is the result of willful or gross negligence).

This Agreement shall be governed by Montana law. I understand and agree that the foregoing Waiver and Release is intended to be as broad and inclusive as is permitted by the laws of the State of Montana and if any portion is found to be invalid, the balance shall continue in full force. I hereby sign this waiver and release of liability and claims with full knowledge that I have given up substantial rights by signing this waiver and release. I have signed it freely and voluntarily and without any inducement, assurance or guarantee being made to me and I intend that my signature be a complete and unconditional release of all liability to the greatest extent allowed by law.

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care

Participant's First Name:

Participant's Last Name:

Age:

Group Name: (First and last name of group leader or main organizer who has been in contact with BPG)

Sign here:

(Clear Signature)

I agree to the terms and conditions as listed above

Required: Initial here

(If participant is under 18, the Parent or Legal Guardian must also sign)

Parent's First Name:

Parent's Last Name: