Terms of Service 1 — Alpine Exposure

Release of Claims and Assumption of Risk Agreement

In consideration of the services of Alpine Exposure LLC. their agents, owners, officers, volunteers and employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “AX”), I hereby:

1. I acknowledge that my participation in outdoor adventure based activities such as rock climbing, mountaineering, hiking, camping, backpacking, cross-country and backcountry skiing entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essentials qualities of the activity.

The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall, ice fall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risks of falling off the rock, mountain or into a crevasse; the risks of exposure to insect bites; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; my own physical condition, and the physical exertion associated with this activity.

Furthermore, AX personnel and independent contractors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

1. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Alpine Exposure LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AX’s equipment or facilities, including any such claims which allege negligent acts or omissions. This paragraph shall apply and should be read carefully because this Release and Indemnity Agreement contains a surrender of certain legal rights.

2. I expressly agree and promise to accept all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to accept the risk of any medical or physical condition I may have.

4. In the event that I file a lawsuit against AX, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Should AX or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

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Electronic Signature

By checking here, I am applying my electronic signature and certifying that I have read this Release of Claims and Assumption of Risk Agreement, fully understanding its terms, understanding that I have given up substantial rights by signing it, and sign freely and voluntarily without inducement. Further, by checking here, I consent to the use of my electronic signature. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party requesting signature directly. I agree and understand that my electronic signature is the legally binding equivalent of my handwritten signature and valid as if I signed this document in writing. I understand that I have a right to request a paper copy of this document directly from the party requiring my signature and no fee will be charged for such. I understand that I will need software that allows me to access PDF files to view this document, as well as a printer connected to a computer to print and retain a hard copy of the agreement upon receipt by email.