WAIVER OF LIABILITY, RELEASE, AND HOLD HARMLESS AGREEMENT

WAIVER OF LIABILITY, RELEASE, AND HOLD HARMLESS AGREEMENT

Marathon Mountain Adventures™

Welcome to Marathon Mountain Adventures™! We are excited to have you join us for an adventure in the West Texas wilderness. Please carefully read and agree to this Waiver of Liability, Release, and Hold Harmless Agreement before participating in any activities or utilizing our facilities. By signing below, you, all adult members of your party, and any minors under your care (collectively referred to as "Participants") agree to the following:

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Participants understand and acknowledge that engaging in activities on this land and utilizing our campgrounds and services (hereafter referred to as "Activities") involves inherent risks, both known and unknown. These risks include, but are not limited to:

• Wildlife Encounters: Contact with animals such as rattlesnakes and ticks.
• Terrain Hazards: Navigating uneven, challenging, and potentially hazardous terrain.
• Separation and Loss: Injury or death resulting from becoming lost or separated from guides, camps, other participants, or companions, even if instructions or directions were provided by the Released Parties.
• Weather Conditions: Injury or death caused by changing weather, including high winds, lightning, freezing temperatures, and other extreme and rapidly changing conditions common in mountainous areas.
• Illness: Injury or death resulting from altitude sickness, untreated water, food poisoning, allergies, or difficulties in maintaining hygiene.
• Limited Medical Access: Injury or death due to the potential lack of immediate or effective medical care in remote locations.
• Negligence of Others: Injury or death caused by the conduct, including negligence, of other participants or the Released Parties. Participants understand that negligence includes the failure of the Released Parties to take reasonable steps to safeguard or protect Participants from the risks, dangers, and hazards described herein.

Participants freely and voluntarily assume all such risks associated with their participation in the Activities, regardless of whether such risks are caused by the ordinary negligence of the Released Parties (as defined below).

2. RELEASE, INDEMNIFICATION, AND HOLD HARMLESS

In consideration for being permitted to participate in the Activities, Participants hereby release, indemnify, and hold harmless Marathon Mountain Adventures™, its owners, officers, directors, agents, employees, affiliates, and assigns (collectively referred to as the "Released Parties") from any and all claims, demands, actions, causes of action, losses (economic and non-economic), damages, injuries (including death), expenses (including attorney's fees and costs), and liabilities of any kind or nature whatsoever, arising out of, resulting from, or in any way connected with Participants' participation in the Activities, including but not limited to any claims based on the ordinary negligence of the Released Parties. Participants further agree not to sue the Released Parties and waive any right to participate in any class action lawsuit against the Released Parties related to their participation in the Activities.

3. GOVERNING LAW AND JURISDICTION

This Waiver of Liability, Release, and Hold Harmless Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction in Brewster County, Texas. 

4. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 

PARTICIPANT AGREEMENT AND UNDERSTANDING

I CONFIRM THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS WAIVER OF LIABILITY, RELEASE, AND HOLD HARMLESS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.

Signed this ________ day of ____, 20

_______________________________ (Print Name Clearly)

_______________________________ (Signature)

_______________________________ (Witness Name - Print Clearly)

_______________________________ (Signature of Witness)

PARTICIPANT RESTRICTIONS

To ensure the safety and enjoyment of all Participants, the following restrictions apply:

• Participants must check in at least 30 minutes prior to the start of their Activities.
• Participants must be at least 6 years old.
• Participants aged 17 and under must be accompanied by a legal guardian during their Activities.
• Participants must wear fully enclosed shoes (no heels, no flip-flops).
• Each Participant must be able to speak and understand fluent English.
• Participants must be in good physical condition.
• All adult Participants must sign this waiver prior to participating in any Activities. A parent or legal guardian must also complete and sign this waiver for any Participant under the age of 18 (documentation confirming signatory's authority may be required).
• Photo identification may be required for identity verification.

Refunds will not be issued to guests who are disqualified from participating due to not meeting these requirements.