In consideration of the services of Duenas Ranch and Outfit, LLC, dba Montana Llama Guides dba Pioneer Outfitters,  Dennis L. Dueñas, its respective agents, owners, lessors, its private landowner contractors, contractors, holding companies, shareholders, officers, volunteers, participants, employees, independent contractors, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as Duenas Ranch and Outfit, LLC), I hereby agree to the following acknowledgements and agree to discharge Duenas Ranch and Outfit, LLC on behalf of myself, my parents, my children, my heirs, assigns, personal representatives and estate as follows:

Inherent Risks
I acknowledge that the inherent risks associated with the boating/fishing or other water-related activity include, but are not limited to the fact that cold water activities can be strenuous and should not be participated in by persons with heart or cardiovascular ailments. I understand that prolonged exposure to cold water can result in hypothermia and, in extreme cases, death. It is possible that I could be injured if I come in contact with and be injured by fishing equipment/gear (waders, hooks, knives, poles, etc.) for either spin or fly fishing, food boxes, storage containers, oars or paddles or other fixed equipment necessary to the operation of the boats. The fishing equipment or boats may break down or be faulty; it is possible that loss of control of a boat could occur resulting in collision or capsizing or sinking and that if a watercraft turns over I could be “washed” overboard. Boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the boat even in flat or non moving water; accidents can occur getting on and off the boats. I can slip or fall during hiking, fishing, portaging, wading in the creeks or rivers or getting to and from the fishing and boating areas. I understand that the areas in which I might hike sometimes hit dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. I acknowledge that the boating and fishing lifestyle 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; both of these things can cause my discomfort and stress and have inherent risks. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them.

I acknowledge that, in the remote locations used by Duenas Ranch and Outfit, LLC, participants may experience extreme, unpredictable, and dangerous environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this expose could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperature variations, etc., can occur and my result in revisions to or cancellations of my planned fishing trip. Participants may encounter dangerous wildlife or insects and may encounter firearms or substances necessary to the control of these animals or insects.

Hiking with Llamas
I specifically acknowledge that hiking with llamas is classified as a Rugged Adventure or Recreational Activity, and there are numerous obvious and non-obvious inherent risks always present in such activities despite all safety precautions. I agree and acknowledge that the term(s) HIKING WITH LLAMAS or HIKING WHILE LEADING A LLAMA herein shall refer to hiking alongside or otherwise handling of llamas. I agree and acknowledge that I will not be allowed to ride or otherwise mount a llama.

I understand and acknowledge that if a llama is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short; changing directions or speed at will, shifting its weight, bucking, rearing, kicking, biting, or running from danger. I understand that llamas are like any other gaited animal in that they may trip, stumble or fall, all of which may cause harm to me or other persons or animals. I understand that hikers should not carry loose items while hiking that may fall, blow away, flap in the wind or make sharp noise that could frighten the llama; hikers should not yell or scream or make other sharp noises that could scare a llama. I understand and acknowledge that llama saddles and panniers may come loose and cause the pack saddle to slip; in the event I notice my llama or another hiker’s pack saddle slipping it will by my responsibility to notify the guide/wrangler immediately to get assistance in re-securing the saddle. I understand and acknowledge that, upon hiking with llamas and taking the lead rope, the HIKER is in primary control of the llama; as such, my safety as the hiker largely depends upon my ability to carry out simple instructions and upon my ability to hike or walk over rocky, uneven and sometimes steep terrain while leading a llama. I also understand and acknowledge that Duenas Ranch and Outfit, LLC is NOT responsible for acts, occurrences or elements of nature (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.

Fishing
I acknowledge that the inherent risks associated with the boating/fishing or other water-related activity include, but are not limited to the fact that cold water activities can be strenuous and should not be participated in by persons with heart or cardiovascular ailments. I understand that prolonged exposure to cold water can result in hypothermia and, in extreme cases, death. It is possible that I could be injured if I come in contact with and be injured by fishing equipment/gear (waders, hooks, knives, poles, etc.) for either spin or fly fishing, food boxes, storage containers, oars or paddles or other fixed equipment necessary to the operation of the boats. The fishing equipment or boats may break down or be faulty; it is possible that loss of control of a boat could occur resulting in collision or capsizing or sinking and that if a watercraft turns over I could be “washed” overboard. Boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the boat even in flat or non moving water; accidents can occur getting on and off the boats. I can slip or fall during hiking, fishing, portaging, wading in the creeks or rivers or getting to and from the fishing and boating areas. I understand that the areas in which I might hike sometimes hit dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. I acknowledge that the boating and fishing lifestyle 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; both of these things can cause my discomfort and stress and have inherent risks. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them.

1. Food Preparation
I acknowledge that food preparation is an integral part of this activity and that I and other participants may be assisting in food preparations; some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness. I acknowledge my responsibility to inform Duenas Ranch and Outfit, LLC of any specific food-related allergies and I acknowledge that Duenas Ranch and Outfit, LLC cannot be responsible for allergies, illness or disease related to meals and food preparation. I acknowledge that the traveling lifestyle 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; both of the things can cause my discomfort and stress and have inherent risks, I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues, which, while they seem open and obvious, also have inherent risks associated with them.

I acknowledge that, in the remote locations used by Duenas Ranch and Outfit, LLC, participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants ability to react or respond. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperatures variations, etc., can occur. Participants may encounter dangerous wildlife or insects and may encounter firearms or substances necessary to the control of these animals or insects.

Furthermore, Duenas Ranch and Outfit, LLC guides have a difficult job to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter the negligence or misbehaviors of other visitors or participants who may be present, participants giving or following inappropriate inexperience advise, mine or others’ failure to follow the rules of Duenas Ranch and Outfit, LLC and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise Duenas Ranch and Outfit, LLC of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:

2. Express Assumption of Risk.
As lawful consideration for my being allowed to participate in the activities offered by Duenas Ranch and Outfit, LLC, I expressly agree on behalf of myself and any of the children for which I am responsible, and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in the Duenas Ranch and Outfit, LLC trip I/we are attending. My/our participation in this Duenas Ranch and Outfit, LLC trip is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree that this Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement is contractual in nature, supported by Montana Law and that I/we are signing it of my/our own free will.

3. Release and Waiver of Rights Including for Claims of NEGLIGENCE.
On behalf of myself and any of the children for which I am responsible, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Duenas Ranch and Outfit, 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/our use of Duenas Ranch and Outfit, LLC equipment or facilities, including any such claims which allege negligent acts or omissions of Duenas Ranch and Outfit, LLC.

4. Indemnity.
As liquidated damages, I agree that, should Duenas Ranch and Outfit, LLC, 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 (in other words, to pay for) for all such fees and costs incurred in defending against my legal claim(s).

5. Personal Skill and Insurance.
I certify that myself and my family, including minor children, have a sufficient skill and fitness to participate in the activities offered by Duenas Ranch and Outfit, LLC. I/we further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself/ourselves. I understand that Duenas Ranch and Outfit, LLC reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.

6. Medical Issues.
I further agree that, in the event that Duenas Ranch and Outfit, LLC deems it necessary to administer emergency first aid or CPR or to remove me from its activities or to extricate me from the field or from the remote venue in which these services are received for ANY type of health-related reason that, by signing this document, I am giving Duenas Ranch and Outfit, LLC permission to administer emergency first aid or CPR, secure emergency transport or medical care and/or dispose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to to bring any type of action or claim against Duenas Ranch and Outfit, LLC for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from Duenas Ranch and Outfit, LLC activities or the field.

7. Photographic Assignment.
I understand that Duenas Ranch and Outfit, LLC reserves the right to take photographic or film (of whatsoever nature) records of any or all of the activities conducted on its trips and I hereby agree that Duenas Ranch and Outfit, LLC may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by Duenas Ranch and Outfit, LLC.

8. Release as Contract and Personal Capacity.
I expressly agree and acknowledge that the terms of this Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement is contractual in nature, supported by Montana law, and that I am signing it of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this agreement and that there are no other impediments or reasons why I would lack the capacity to sign this document.

9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, etc.
In the event I file a lawsuit against Duenas Ranch and Outfit, LLC I agree to do so solely in the State of Montana, 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, and I hereby irrevocably waive any other jurisdiction or venue to which I or my estate or my children’s estates might otherwise have be entitled. I agree to submit to the jurisdiction of the Montana courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this agreement can be used as if it was the original. I understand that this document constitutes the entire representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.

11. Legal Disclaimer:

UNLESS OTHERWISE EXPRESSLY STATED IN WRITING, Duenas Ranch and Outfit, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS KNOWN TO THE PARTIES. BY SIGNING THIS DOCUMENT, PARTICIPANT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES WILL Duenas Ranch and Outfit, LLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES UNDER ANY INDEMNITY PROVISION, UNDER ANY MONTANA STATUE AUTHORIZING THE SAME, OR OTHERWISE.

By signing this document, I acknowledge for myself and any of the children I am responsible for that I/we may be waiving our legal right to a jury trial toehold the provider legally responsible for any injuries or damages resulting from risks inherent in the hiking with llamas activity or recreational opportunity or for any injuries or damages I/we may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT.
I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

Participant Signature:_____________________ Address:________________________________
Postal Code: ___________ Country:________
Phone Number: _________________________

Printed Name: ___________________________ City: _______________________ State: ______
Email address: __________________________
Date: ___________________________________

Parents or Guardians Additional Indemnification (must be completed by participants under 18 years of age): I/we represent that I’we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed above; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that Duenas Ranch and Outfit, LLC relies to its detriment on this representation and would not allow the minor child to participate in this trip without this representation. In consideration of __________________________________________________ (print minor’s name) (Minor) being permitted by Duenas Ranch and Outfit, LLC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Duenas Ranch and Outfit, LLC from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use of participation by Minor.

Parent Signature: ___________________________________________ Date: ___________________

Printed Name: ___________________________________________