Dueñas Ranch and Oufit, LLC, dba
Montana Llama Guides
Waiver and Release of Liability
Day Trips, Ranch Tours, Camping, Hunting, Fishing with Llamas

I,___________________________________, on behalf of myself, my heirs, assigns, agents, associates, insurers, employers, personal representatives, and estate, and as legal guardian on behalf of my children any minors under my care or whom I accompany, do hereby agree to WAIVE and RELEASE Dueñas Ranch and Outfit, LLC (#49290, dba Montana Llama Guides and its related entities and each of their respective agents, owners, lessors, contractors, holding companies, members, managers, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as the “Provider”), from any and all damages and injuries to the extent permissible under Montana law while I prepare for, travel to, engage in and return from the sport or recreational opportunities described below:

There are many dangers or conditions that naturally or logically arise from engaging in activities with llamas or from participating in outdoors activities such as hiking, hunting, or camping. Those inherent risks include, without limitation, the following:

• the propensity of a llama to behave in ways that may result in injury or harm to or the death of persons on or around the llama;
• the unpredictability of a llama’s reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;
• hazards, such as surface and subsurface ground conditions;
• collisions with other llamas or objects (animate or inanimate);
• the potential of another participant to not maintain control over a llama or to not act within the person’s ability;
• the physical demands of the activity may be strenuous and harmful to my health;
• llamas are larger, more powerful and can move faster than humans and may stop short, change directions or speed at will, shift their weight, buck, rear, kick, bite, spit upon, or run over people and personal belongings, and they may trip, stumble or fall, all of which may cause harm to me or other persons, animals or belongings;
• personal items (e.g. binoculars, hats not fastened securely, etc.) may fall or be damaged;
• things that flap in the wind or make sharp noises could frighten or agitated a llama, as can yelling, screaming or other sharp noises;
• pack cinches and other equipment may come loose and cause packs to slip, starling or agitating the llama or injuring me or my property;
• traveling over rocky, uneven and sometimes steep terrain, and there are other elements or circumstances I may encounter (e.g. thunder, lightning, rain, wind) wild and domestic animals, insects or reptiles that may run, fly near, bite and/or sting a llama or person and/or irregular footing on out-of-door groomed or wild terrain) that can scare a llama, cause it to fall or cause it to react in some other unsafe way;
• allergies to the llamas, dust, pollen, and other elements, animals, plants and soils may cause harmful reactions in my body;
• damages and injuries can be severe, requiring medical attention and resulting in lasting residual effects;
• emergency medical care provided in response to any damages or injuries may not meet standards of care;
• areas in which I might hike may hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, slippery streams, muskeg, forest dead fall, standing dead timber that may fall, poisonous or noxious plants;
• falling branches, rocks or soil;
• lodging in tents may feel different than a normal building and may include areas of low head room, small or cramped spaces, etc., all of which may feel un-natural and cause me to become disoriented or trip or fall;
• tents are particularly subject to issues related to inclement weather, temperature variations and wildlife attacks;
• some of the food may not be to my liking, and there may be errors in food storage or preparation that could cause my dissatisfaction or illness, or to which I may be allergic, along with any other illness or diseases related to meals and food preparation;
• camping will require me to use equipment that I might not be familiar with and may require me to interact with other guests and participants with whom I am also unfamiliar;
• there are numerous other issues I may encounter, such as campfires, and latrine and sanitation issues;
• some participants may experience extreme environmental or weather conditions;
• exposure to the natural elements can be uncomfortable or harmful and may result in sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, stress, and many other health conditions;
• injury, illness, soreness, injury and fatigue may result from the exertion or exposure inherent to the activities I have chosen to engage in, and I must know my own physical abilities and limitations and am responsible for my own conditioning and other personal preparation;
• when hunting, depending on the terrain/topography and the type of animal being pursued and the type of firearm or other hunting gear being used, shots may be at close or long range, and the most successful hunters are the ones that are practiced and can adapt to the shot that is presented;
• hunting also has inherent risks which include, but are not limited to, being killed or hurt or killing or harming another participant by using firearms, bows or other hunting gear such as knives, ammunition, bows and arrows, etc.;
• I may encounter the actual animals being hunted or other forms of wildlife and may be attacked or harmed;
• I may encounter dangerous wildlife or insects. Bears and other predators claim as their home and habitat the territory where I will be engaging in outdoor activities. The behaviors of bears and other predators is unpredictable, and they are sometimes aggressive;
• I may encounter firearms or substances necessary to control wildlife or insects;

I acknowledge the Provider is not required to eliminate, alter, or control the inherent risks within any of the sports or recreational opportunities provided.

I waive and release the Provider from damages or injuries resulting from conduct that constitutes ordinary negligence or for risks that are inherent in the sport or recreational opportunity.

I accept and assume all the risks inherent to the activities I and those under my care engage in with the Provider. Our participation is purely voluntary, and we desire to participate in spite of the risks. Minors under my care are:

__________________________ (name, age) (name, age)
__________________________ (name, age) (name, age)
__________________________ (name, age) (name, age)

I will defend, hold harmless and indemnify the Provider from any claims brought by others in relation to my damages or injuries which I have waived or released.

This document may be signed electronically, and each copy may be used as an original for all purposes. Any dispute that involves this Release and Waiver in any way must be litigated in the Montana District Court, Gallatin County. The prevailing party shall be entitled to its attorney fees and costs.

WARNING: By signing this document, you may be waiving your legal right to a jury trial to hold the Provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the Provider’s ordinary negligence that are the result of the Provider’s failure to exercise reasonable care.

DECLARATION:

• I have carefully read the foregoing Waiver and Release, including but not limited to the WARNING.
• I understand the foregoing Waiver and Release, including but not limited to the WARNING, and I agree to be bound by its terms.
• I am not relying on the representations or explanations of the Provider.
• I am not suffering from any disability that would render my consent invalid.
• I am not under the influence of alcohol or any drug or medication that compromises my ability to consent knowingly.
• I am at least 18 years of age.

I declare under penalty of perjury under the laws of the State of Montana the foregoing declaration is true.

__________________________________________(sign) ____________________________(Date)

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