1. Required forms for all individuals engaging with Eagle Mount

EAGLE MOUNT BOZEMAN WAIVER

• I agree to respect Eagle Mount Bozeman participants’, staff, and volunteers’ rights with regard to privacy of information and to keep “professional” confidentiality in all my statements both within and outside of the organization.
• I understand that Eagle Mount Bozeman staff members have the authority to exclude participants or volunteers from the program for behavior they deem to be unsafe. Use of alcohol or illegal drugs is unsafe behavior.
• I give my consent to Eagle Mount Bozeman and its medical representative to obtain medical care from any licensed physician, hospital, or clinic, for any injury that could arise from participation in Eagle Mount Bozeman activities.

EAGLE MOUNT BOZEMAN ASSUMPTION OF RISK

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. All individuals engaged with Eagle Mount must sign this document including volunteers, participants, and staff. For individuals under 18 yrs. of age, one parent or legal guardian must also sign. Throughout this document, individuals under 18 yrs. of age may be referred to as ‘minor’ or ‘child,’ and parent(s) and guardian(s) may be referred to collectively as ‘parent(s).’ In consideration of the services of Eagle Mount Bozeman, and its employees, representatives, volunteers, board members, and all other persons or entities associated with them (collectively referred to in this Document as ‘Eagle Mount’), the undersigned individual and parent(s) of a minor volunteer, acknowledge and agree as follows:

I (and my Parent(s), if I am a minor) agree and acknowledge that participating in Eagle Mount Bozeman programs activities involves inherent and other risks, hazards and dangers that can cause or lead to injury, property damage, illness, mental or emotional trauma, disability or death to participant or others. The following includes some, but not all, of those risks, hazards, and dangers:

Risks present in outdoor, skiing, horse activities, swimming, boating, and mountainous environments include storms, strong winds, avalanches, snow or ice, falling rocks or other objects, lightning, high altitudes, rapidly moving rivers or streams, currents, waves, whitewater, stream or river crossings, extremely hot or cold weather, contaminated water, wild animals, disease carrying or poisonous animals or insects, other natural or manmade hazards, unexpected animal movements or actions, risks of skiing, rock climbing, and the like. Risks in decision making including, without limitation, the risk that Eagle Mount Bozeman may misjudge weather, terrain, water conditions, or route location, or they may misjudge a participant’s or a volunteer’s capabilities. Equipment may be misused, or may break, fail, or otherwise malfunction. Remote locations present risks including delays and difficulties with communication, transportation, evacuation and medical care. Medical facilities may be hours or even days away from the program location. Travel may be by foot, motor vehicle, boat, kayak, horse, bicycle or other means and can be over rough and hazardous terrain. Conduct risks include the potential that the individual, other volunteers or participants, or third parties (e.g. general public, rescue personnel, or medical personnel) may act carelessly or recklessly.

These and other risks, hazards, and dangers may result in falling, being struck, colliding with objects or people, experiencing vehicle collision, being thrown or falling from horse, drowning, reacting to weather conditions or increased exertion, suffering complications or allergic reactions, becoming disoriented, or experiencing other problems. These and other circumstances may cause hyperthermia, hypothermia, dehydration, heart or lung complications, broken bones, head injury, paralysis, or other injury, damage, death or loss.

I (Parent(s) of a minor) acknowledge:

• I have accurately completed all required forms and reviewed and understand all Eagle Mount Bozeman program information and materials received;
• I have disclosed to Eagle Mount Bozeman any medical or physical conditions which may affect my (or my child’s) participating in the program;
• Eagle Mount Bozeman representatives are available if I have questions about the physical demands of and the risks associated with these activities;
• Eagle Mount cannot assure volunteers’ safety or eliminate these or other risks.

Individual is voluntarily participating with knowledge of the risks. Therefore, individual (and Parent(s) of minors) assumes and accepts full responsibility for the risks of these activities (both known and unknown), and for any injury, damage, death or other loss suffered by individual (and Parent(s) of minors), resulting from those risks or resulting from individual’s negligence or other misconduct.

Release and Indemnity Agreement

Please read carefully. This Release and Indemnity agreement contains a surrender of certain legal rights. I (adult individual or Parent(s) of a minor) agree as follows:

1. To release and agree not to sue Eagle Mount Bozeman, its Board of Directors, employees, representatives, and other volunteers with respect to all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claims’), in any way connected with my/my child’s enrollment or volunteering in these activities. I agree here to waive all claims I may have against Eagle Mount Bozeman and agree that neither I, nor anyone acting on my behalf, will make a claim against Eagle Mount Bozeman as a result of any injury, damage, death or other loss suffered by me or my child;
2. To defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) Eagle Mount Bozeman with respect to all claims brought by or on behalf of me, my child, or a family member, in any way connected with my/my child’s enrollment or volunteering in these activities or use of Eagle Mount Bozeman equipment or facilities.

This Release and Indemnity Agreement includes any losses caused or alleged to be caused, in whole or in part, by the negligence of Eagle Mount Bozeman (but not its gross negligence or intentional or reckless misconduct), and includes claims for personal injury, property damage, wrongful death, breach of contract or otherwise.

Eagle Mount is required by law to include the following: 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.

Move United Waiver & Release of Liability Agreement

Move United, and its affiliated Chapters (“Released Parties”) are non-commercial, not for profit activity providers.  The purpose of this Move United Waiver & Release of Liability Agreement is to exempt, waive, and relieve Released Parties from any and all liability for any harm, wrongful death, personal injury, property damage, claim or cause of action, including, but not limited to liability arising from the negligence of Released Parties.  “Released Parties” include Move United, Eagle Mount Bozeman, and their affiliates, successors, predecessors, parents, subsidiaries, owners, representatives, administrators, directors, officers, agents, coaches, employees, contractors, assigns, and volunteers; other participants, sponsoring agencies, sponsors, and advertisers; and, if applicable, the owners, operators, and lessors of premises on which the activities or events take place.

In consideration of the undersigned Participant being allowed to participate in any way in Move United and/or Eagle Mount Bozeman related events and activities, the Undersigned (“Undersigned” means the Participant or the Participant’s parent, legal guardian, or legal representative when the Participant is under the age of 18 or legally incapacitated) agrees and acknowledges as follows:

1. Risks of Activity.  Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death.  The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities.  The dangers and risks of the activities include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, and negligence of the Released Parties.  Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.

2.    Risks of Participation. The Undersigned recognizes and understands that while Released Parties have undertaken reasonable steps to lessen the risk of transmission of communicable diseases, including but not limited to, COVID-19, in connection with participation in the activities, the Released Parties are not responsible in any manner for any risks related to communicable diseases in connection with Participant’s participation in the activities. Specifically, the Undersigned understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.  The Undersigned is fully aware that participation in the activities carries with it certain inherent risks related to transmission of communicable diseases (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying a communicable disease; (2) the risk of transmitting or contracting a communicable disease, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from communicable diseases or the treatment thereof. Further, the Undersigned understands that the risks of all communicable diseases are not fully understood, and that contact with, or transmission of, a communicable disease may result in risks to the Participant including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. 

The Undersigned hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense for the Participant arising from such Inherent Risks. Furthermore, the Undersigned represents and warrants that Participant does not knowingly carry any communicable diseases that may be transmitted during participation in the activities.

3. Release and Indemnification.  Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Released Parties for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in any Move United/Eagle Mount Bozeman events or activities or the Participant’s presence on or travel to the premises where such events or activities take place, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in such events or activities or the Participant’s presence on or travel to the premises where such events or activities take place.

4. Helmet Use.  Undersigned agrees that Participant shall use a helmet when participating in the following activities: Alpine skiing, cycling, equestrian, ice hockey, outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Released Parties.  Undersigned understands that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities can expose the Participant to forces that exceed the limits of protection provided by a helmet.  Undersigned agrees to assume full responsibility for complying with this paragraph and that Released Parties shall not be liable for any injury or damages resulting from Participant’s failure to use a helmet.

5. Medical Treatment. Undersigned understands that the Released Parties do not have medical personnel available at the location of the activities.  Undersigned hereby grants the Released Parties permission to administer first aid or to authorize emergency medical treatment, if necessary. Undersigned understands and agrees that any such action by the Released Parties shall be subject to the terms of this agreement and release, including any liability arising from the negligence of the Released Parties when administering first aid or authorizing others to do so. Undersigned understands and agrees that the Released Parties do not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.

6. Miscellaneous.  Undersigned agrees (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Montana and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Gallatin County, MT; (c) this Agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; (d) this Agreement shall be construed as broadly as permitted by applicable law; and (e) that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement.