Waiver

THIS IS A WAIVER: READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

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PARTIES. The Parties of this Agreement are Peak Tours and Transit LLC, including all owners, staff, and contracted tour guides, (SERVICER), of 519 SW Park Ave., Suite 202, Portland, Oregon 97205, and the party agreeing to these terms by reserving, purchasing, and/or participating in the activity (PARTICIPANT), including walking tours, van tours, private tours, guided sightseeing tours, winery tours, craft beer tours, et. al, (TOURS) to be accepted upon commencement of service. In exchange for participation in any of the TOURS, organized by SERVICER, I, PARTICIPANT, agree for myself and (if applicable) for the members of my family, to the following:

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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 SERVICER, or by any authority of locations we visit. I understand that non-compliance may result in my removal from the activity without refund.

2. ASSUMPTION OF RISK. I recognize that there are certain inherent risks associated with the TOURS, including physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I assume full responsibility for personal injury to myself and (if applicable) my family members, and I accept all the inherent risks of the proposed TOURS and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the TOURS is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks are therefore a reason for my participation.

3. PERSONAL RESPONSIBILITY. I accept full responsibility for my behavior, well being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing stairs, crossing bridges, and walking on unpaved trails. I further acknowledge that SERVICER may take PARTICIPANT to tourist sights where other people may be in attendance. I agree to pay for all damages to the property of SERVICER or to locations of TOURS caused by any negligent, reckless, careless, or willful actions by me or my family.

4. RELEASE OF LIABILITY. I hereby forever and unconditionally release SERVICER from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the TOURS, including, without limitation, any and all Claims resulting from the negligence of the SERVICER.

5. MEDICAL TREATMENT. I agree that if I suffer injury or illness during a service, SERVICER can, at my cost, arrange any medical treatment and emergency evacuation service as SERVICER deems necessary for my health and safety.

6. INDEMNIFICATION. I agree to indemnify and defend SERVICER against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s participation in TOURS.

7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to enter into this Agreement and that I have been given a 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. I further agree and acknowledge that SERVICER has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

9. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this 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 would 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.

10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this 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 applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations 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 does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

BY PARTICIPATING IN TOURS, I AFFIRM THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER ACKNOWLEDGE THAT IF I AM TRAVELING WITH CHILDREN UNDER 18, I AM AGREEING TO THIS PARTICIPANT WAIVER AND RELEASE OF LIABILITY FOR THEM AS WELL.