GuideGap Release Waiver
GuideGap LLC Release and Liability Waiver
This Release and Liability Waiver (“Release and Waiver”) is entered into between myself, the undersigned participant (“Participant”, “I”, “my”) and GuideGap LLC (“GuideGap”) in connection with my voluntary participation in the outdoor activities suggested to me by GuideGap locals (“Trip Suggestions”). For good and valuable consideration of receiving Trip Suggestions, the receipt and sufficiency of which I hereby acknowledge, I agree as follows:
- I represent and warrant that I am of lawful age (at least 18 years of age) and legally competent to execute this Release and Waiver.
- I represent and warrant that: (a) my participation in hiking, mountain biking, rock climbing, camping, 4×4 trips, and any and all other outdoor recreational activities for which GuideGap provides or may in the future provide Trip Suggestions (individually and collectively, “Activities”) is voluntary; (b) the Activities are physical activities and carry the risk of danger and potential for property loss, serious injury, and death; (c) I understand that the risks of these Activities include, but are not limited to, those caused by terrain, facilities, temperature, weather, conditions of participants, equipment and gear, vehicles, lack of hydration, animals, and the actions of other people; (d) I KNOW AND fully appreciate the risks ASSOCIATED WITH THE ACTIVITIES and voluntarily assume all risks of loss, damage or injury that may be suffered by ME or any third party in connection with such Activities and the Trip Suggestions.
- I represent and warrant that I am in good health and can withstand the stresses inherent in the Activities in which I choose to participate. Further, I am not aware of any health-related problems that may affect my ability to participate in the Activities, and I have not been advised otherwise by a qualified medical person.
- I represent and warrant that I have sufficient ability, training, or experience to participate in the Activities and that I provided an accurate description of my ability, training, and experience to GuideGap when ordering the Trip Suggestions.
- I am fully and solely responsible for all costs and fees of any kind incurred in connection with my use of Trip Suggestions or participation in the Activities.
- I represent and warrant that I will not use alcohol, controlled substances, or other drugs that may affect my ability to safely participate in any Activities or operate a motor vehicle prior to or during my participation in the relevant Activities.
- I, ON BEHALF OF MYSELF AND MY ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUIDEGAP, OR ANY PORTION THEREOF, AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES), WHETHER UNDER CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY, RELATING TO ANY CLAIM I MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY ME OR ANY THIRD PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH MY ACCEPTANCE, PARTICIPATION IN, TRAVELING TO OR FROM, AND RECEIPT, USE OF AND/OR INABILITY TO PARTICIPATE IN THE ACTIVITIES SUGGESTED IN THE TRIP SUGGESTIONS, OR ANY PORTION THEREOF, OR IN CONNECTION WITH ANY USE BY GUIDEGAP OF MY NAME, RESPONSES TO TRIP QUESTIONS, OR TRIP SUGGESTIONS. I INTEND THIS RELEASE AND WAIVER TO BE EFFECTIVE WHETHER OR NOT ANY HARM RESULTS FROM THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES OR THEIR SUCCESSORS, ASSIGNS, OR INSURERS.
BY SIGNING THIS RELEASE AND WAIVER I AND MY SUCCESSORS HEREBY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY, TO SUE, OR OTHERWISE MAKE A CLAIM AGAINST GUIDEGAP AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM GUIDEGAP IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.
- All the terms and conditions of this Release and Waiver shall continue in full force and effect now and in the future at all times during which I participate in any Activities or use any Trip Suggestions provided by or associated with GuideGap and that all the terms and conditions of this Release and Waiver shall be binding upon my Successors.
- The laws of the State of Colorado will govern this Release and Waiver, without regard to choice of law principles. Actions or claims of any type related to this Release and Waiver shall be brought in the appropriate court in the State of Colorado, USA, and the parties hereby submit to the venue and jurisdiction of such court and waive any objection thereto (irrespective of whether the individual I change my state of residence).
- If a Court should decide that any clause or other portion of this contract is illegal or unenforceable, I agree that such a determination shall not affect the validity and enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.
- This Release and Waiver shall be binding upon me, my heirs, representatives, executors, administrators, and successors. This Release and Waiver, together with the GuideGap Terms of Service, constitute the final, complete and exclusive expression of terms between GuideGap and me. This Release and Waiver may not be amended or supplemented except by a writing signed by GuideGap specifically referencing this Release and Waiver. GuideGap may, in its sole discretion, assign or transfer some or all of this Release and Waiver.
BY SIGNING BELOW, I AGREE AND ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND ACCEPTED THIS RELEASE AND WAIVER, THAT I HAVE SIGNED UNDER MY OWN FREE WILL WITHOUT INDUCEMENT OR COERCION, THAT I UNDERSTAND THAT I AM FREE TO SEEK INDEPENDENT LEGAL ADVICE AT MY OWN EXPENSE PRIOR TO SIGNING, AND THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISKS WHICH GUIDEGAP IS RELYING UPON.
agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of GuideGap to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
This section applies, in addition to the sections above, if you purchase Trip Suggestions through our website.
a. Pricing and Availability. All prices are shown in U.S. dollars; taxes are additional. All Trip Suggestions are subject to availability of locals to provide Trip Suggestionsand we reserve the right to reject all or part of your order and to discontinue services without notice, even if you have already placed our order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the payment screens. This may be caused by several factors such as changes in tax rates.
b. Errors. GuideGap attempts to provide the most accurate and useful Trip Suggestions as possible; however, GuideGap does not represent or warrant that Trip Suggestions are accurate, complete, reliable, current or error-free. Your use, if any, of Trip Suggestions is voluntary and at your sole risk. In the event of an error in any Trip Suggestion, we reserve the right to correct such an error and to revise your order accordingly if necessary (including charging the correct price) or to cancel your order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
c. Electronic Transactions; Payment. You agree that all your transaction with or through the Services may, at our option, be conducted electronically from start to finish. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.