PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING DOCUMENT.
ACKNOWLEDGEMENT OF RISKS
I understand that participating in guided hiking activities provided by Inked Dragon Adventuring, LLC involves inherent risks that cannot be completely eliminated regardless of the level of care taken by the guide.
These risks include, but are not limited to:
- Falls - Slips and trips - Uneven terrain
- Loose rocks - Steep inclines and declines - Flash floods
- Extreme heat - Sun exposure - Dehydration
- Heat exhaustion - Heat stroke - Lightning
- High winds - Falling branches - Rock slides
- Wildlife encounters - Snake bites - Scorpion stings
- Bee stings - Spider bites - Cactus injuries - Allergic reactions - Equipment malfunction - Acts of others
- Vehicle accidents while traveling to or from the trailhead - Unknown natural hazards
I fully understand these risks and voluntarily choose to participate.
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ASSUMPTION OF RISK
I knowingly and voluntarily assume all risks associated with participation in activities offered by Inked Dragon Adventuring, LLC, whether known or unknown, foreseeable or unforeseeable.
I accept full responsibility for any injury, illness, disability, death, or property damage that may occur during participation.
I certify that I am physically capable of participating in strenuous outdoor hiking activities.
RELEASE OF LIABILITY
In consideration for being permitted to participate in guided hiking activities offered by Inked Dragon Adventuring, LLC, I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, voluntarily release, waive, discharge, and covenant not to sue Inked Dragon Adventuring, LLC, its owner, members, managers, employees, contractors, agents, volunteers, successors, and assigns from any and all claims, liabilities, demands, actions, causes of action, damages, losses, expenses, or costs arising out of or related to my participation in any activity.
This release includes claims resulting from the ordinary negligence of Inked Dragon Adventuring, LLC or its representatives to the fullest extent permitted under Arizona law.
I understand that this agreement does not release liability for conduct that cannot legally be waived under applicable law, such as gross negligence or willful misconduct where prohibited.
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MEDICAL CERTIFICATION
I certify that I am in good physical health and have no medical condition that would prevent me from safely participating in strenuous hiking activities.
I agree that it is my responsibility to disclose any relevant medical conditions, allergies, medications, or physical limitations before participating.
If I experience illness, injury, fatigue, dehydration, dizziness, chest pain, or any other condition that could affect my safety, I agree to immediately notify the hiking guide.
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EMERGENCY MEDICAL AUTHORIZATION
If I become injured or incapacitated during a hike and I am unable to make medical decisions, I authorize Inked Dragon Adventuring, LLC to obtain emergency medical treatment on my behalf.
I understand that:
- Emergency transportation may be delayed due to the remote nature of hiking trails.
- Search and rescue operations may be required.
- I am solely responsible for all medical, ambulance, helicopter evacuation, rescue, hospital, physician, and related expenses.
- Inked Dragon Adventuring, LLC does not provide medical insurance for participants.
I release Inked Dragon Adventuring, LLC from any liability arising from efforts made to secure emergency medical care or rescue assistance.
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EQUIPMENT USE AGREEMENT
As part of my participation, Inked Dragon Adventuring, LLC may provide equipment including, but not limited to:
- Backpack
- Day pack
- Hydration pack or hydration bladder
- Tents
- Sleeping bags
- Headlamps with batteries
- Basic first aid supplies
I agree to inspect all equipment before use and immediately notify the guide of any damage or defects.
I understand that outdoor equipment can fail due to normal wear, unforeseen circumstances, or improper use. I agree to use all equipment only as instructed and accept all risks associated with its use.
I agree to return all borrowed equipment at the conclusion of the hike in substantially the same condition in which it was received, excluding normal wear and tear. I understand that I may be responsible for the repair or replacement cost of equipment that is lost or damaged through misuse, negligence, or intentional acts.
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REFUNDS & CANCELLATIONS
Refund and Cancellation
Participants may cancel their scheduled hike up to 48 hours before the scheduled hike and receive a full refund.
Cancellations made less than 48 hours before the hike but no later than the night before the scheduled hike will receive a 50% refund.
Cancellations made the morning of the hike, as well as no-shows, are not eligible for a refund.
Weather-Related Cancellations
Safety is the priority of every hike. Although the hiking season generally begins after the monsoon season, rainfall and storms may still occur. Hiking in wilderness areas during or near significant rainfall can create dangerous conditions, including the potential for flash flooding.
If it is raining on the day of the scheduled hike, or if weather conditions and forecasts indicate a reasonable risk of storms or unsafe conditions, Inked Dragon Adventuring reserves the right to cancel the hike for safety reasons. If the hike is cancelled by Inked Dragon Adventuring due to weather or unsafe conditions, participants will receive a full refund.
Rescheduling
If a hike is cancelled due to weather or unsafe conditions, participants may have the option to reschedule for the next available scheduled hike, provided that space is available. Rescheduling is not guaranteed and is subject to availability.
By signing this waiver, I acknowledge that I have read, understand, and agree to the Refund and Cancellation Policy outlined above.
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PARTICIPANT RESPONSIBILITIES
While participating in activities with Inked Dragon Adventuring, LLC, I agree to:
- Follow all instructions given by the hiking guide.
- Remain with the group unless directed otherwise.
- Stay on designated trails unless instructed by the guide.
- Carry sufficient water and consume it regularly. (Some will be provided, if you require more make sure to bring some. But the packs only hold so much)
- Wear appropriate footwear and clothing for desert hiking.
- Inform the guide immediately if I become injured, ill, or unable to continue.
- Treat wildlife with respect and never intentionally approach or feed animals.
- Respect public lands by following Leave No Trace principles.
- Avoid reckless behavior that could endanger myself or others.
- Refrain from participating while under the influence of alcohol, illegal drugs, or any medication that impairs judgment or physical ability.
I understand that failure to follow these rules may result in my removal from the activity without refund if necessary to protect the safety of the group.
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PHOTOGRAPHY AND MEDIA RELEASE
Unless I notify Inked Dragon Adventuring, LLC in writing before the hike begins, I grant permission for photographs, video, or audio recordings taken during activities to be used for advertising, marketing, social media, educational materials, and promotional purposes without additional compensation.
I understand that I may revoke this permission only in writing before participating in the activity.
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INDEMNIFICATION AGREEMENT
I agree to defend, indemnify, and hold harmless Inked Dragon Adventuring, LLC, its owner, members, managers, employees, contractors, agents, volunteers, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, costs, expenses, and attorney's fees arising from or related to:
- My acts or omissions during participation.
- My failure to follow instructions or safety rules.
- Damage I cause to another participant, third party, or property.
- My violation of applicable laws or regulations.
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GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.
Any legal action arising out of this Agreement shall be brought in a court of competent jurisdiction located within the State of Arizona.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement is intended to be as broad and inclusive as permitted by Arizona law.
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ACKNOWLEDGMENT
By signing below, I acknowledge that:
- I have carefully read this entire Agreement.
- I understand its contents.
- I understand that I am giving up certain legal rights, including the right to sue for claims covered by this Agreement.
- I am signing voluntarily and without coercion.
- I have had the opportunity to ask questions before signing.
- I am at least 18 years of age and legally competent to enter into this Agreement.