RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of “Rogue Overland Expedition” organized by Rogue Overland, LLC, of Las Vegas, NV and/or use of the property, facilities and services of Rogue Overland, LLC, I agree for myself and (if applicable) for the members of my family to include minors and passengers (if applicable), to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Rogue Overland, LLC, or the employees, representatives or agents of Rogue Overland, LLC.
1.1 FIREARMS. I understand that Rogue Overland, LLC is a proponent of the Second Amendment to the United States Constitution and in turn understand that if I choose to participate, I will understand and abide by all local and federal laws required to do such to include concealed carrying for any and all states of travel.
1.2 PETS. I understand that Pets (dog, cat, llama, elephant, emu, etc…) are allowed on the Rogue Overland Expedition and will take any and all responsibility in the event that harm is done to another participant or their possessions. I will ensure that my pet is on a leash at ALL TIMES while at camp or during travel along the Expedition. Only when greater than 200 feet or 61 meters from camp will my Pet be able to roam without a leash. I understand that at anytime to include when greater than 200 feet or 61 meters from camp I may be asked to use a leash and will abide by such. I will understand and abide by local, state and federal regulations and laws concerning pet handling.
2. ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, passenger(s) (f applicable) and further release and discharge Rogue Overland, LLC for injury, loss or damage arising out of my, my family’s, or passenger(s) use of or presence upon which Rogue Overland, LLC is in charge of, whether caused by the fault of myself, my family, or my passengers, Rogue Overland, LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Rogue Overland, LLC against all claims, causes of action, damages, judgements, cost or expenses, including attorney fees and other litigation costs, which may in a way arise from my or my family’s or my passengers use of or presence upon the Rogue Overland Expedition.
4. FEES. I agree to pay for all damages to the facilities of Rogue Overland, LLC caused by any negligent, reckless, or willful actions by me or my family or my passenger(s).
5. CONSENT. I, “Participant” consent to the participation of my “Relationship”, “Participating Minor”, in the activity of the Rogue Overland Expedition, and agree on behalf of the above minor to all the terms and conditions of this Agreement. By accepting this Release of Liability, I represent that I have legal authority over and custody of the “Participating Minor”
5.1 PHOTOGRAPHY & VIDEOGRAPHY. In exchange for consideration (if applicable) determined between the parties in writing, Participant(s) of the Rogue Overland Expedition herby grants Rogue Overland, LLC a perpetual, royalty-free, transferable and sub-licensable, and world-wide license to use and reproduce all images and video that depict Participant(s) and associated vehicle(s): (a) in a Rogue Overland publication (including the cover) or any special issue, special interest publication affiliated with or branded under any Rogue Overland, LLC; (b) in or on any Internet website, mobile website, mobile application, social media website, tablet magazine version, e-book magazine version, or any other digital format version affiliate with or branded under Rogue Overland, LLC; (c) in any video recording produced by Rogue Overland, LLC; and/or (d) in connection with commercial licensing and merchandizing efforts of Rogue Overland, LLC. I understand that I will make Rogue Overland aware in writing if I or my family, or my passengers do not wish to have their likeness used in the above mentioned.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Nevada law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to agree to this Agreement and that I have been given reasonable opportunity to review it before agreeing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
8. ARM’S LENGTH AGREEMENT. This agreement of its terms are the product of an arm’s length negotiation between the Parties. In the event that any ambiguity is found to exist in the interpretation of the Agreement, or any of its provisions, the Parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which owed, lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of the Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provisions, as the case may be, and such invalid or unenforceable provisions shall be deemed not to be a part of the Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to the Agreement through friendly negotiation amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
11. EMERGENCY CONTACT. In case of emergency, please call ________________ (Relationship: ________________ ) at ________________ (Day), or ________________ (Evening).
12. REFUNDS. I further agree and acknowledge that due to the complexity of the logistics associated with organizing an adventure of this magnitude there is no way for Rogue Overland, LLC to provide a refund once purchase is complete.
X1 Passenger(s). I understand that passenger(s) are welcome and encouraged to come on this Expedition and will require payment for each in order to cover the cost(s) associated with them to ensure they have the best experience as well.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THESE TERMS AND THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. THIS AGREEMENT WILL BE VALID FROM THE DATE WHEN PAYMENT FOR THE ROGUE OVERLAND WINTER EXPEDITION IS RECEIVED TILL THE EXPEDITION IS COMPLETED.