We are aware of the gateway errors with the new booking system and appreciate your patience while the team works to resolve this as soon as possible.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

IMPORTANT: BY PURCHASING PERMITS, ENGAGING IN ACTIVITIES, USING EQUIPMENT OR FACILITIES, ENTERING HAVASUPAI LANDS, AND/OR CLICKING TO ACCEPT THIS AGREEMENT YOU AGREE TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR MAKE ANY CLAIM FOLLOWING AN ACCIDENT, PLEASE READ CAREFULLY!

 

The Havasupai Tribe (“the Tribe”) is a sovereign federally recognized Indian tribe located on the Havasupai Indian Reservation. The purpose of this Release Of Liability, Waiver Of Claims, Assumption Of Risks, and Indemnity Agreement (“Agreement”) is to release the Havasupai Tribe and its elected officials, members, entities, enterprises, departments, directors, managers, employees, agents, affiliates, and representatives (“Released Parties”) from any and all liability for personal or property damage, loss, injury, and/or death, including, but not limited to alleged negligence or premises liability of Released Parties and transfer the risk of loss from My participation in Activities or use of Facilities or Equipment to Me.

 

In consideration for My use of the Facilities, Equipment, and/or participation in the Activities, I voluntarily agree:

 

  1. “I”, “Me”, “My”, or “You” as used in this Agreement includes me as the individual who personally purchased permits, created a booking, engage in Activities, use Equipment and Facilities, and travel to and throughout the Havasupai Reservation and lands, but also includes all participants on behalf of whom I am purchasing permits, making a campground or lodge booking, or serving as the PATL or trip leader, including participants under the age of 18 years old (“Minors”). I am voluntarily entering into this Agreement and voluntarily agreeing to be bound by its terms and conditions on My own behalf, and if acting on behalf of another person, I am acting as their authorized agent, parent, or legal guardian and My acceptance expressly confirms permission to accept on the other person’s behalf and this Agreement will be binding upon that person. As the individual who serves as the trip leader, PATL, or purchaser of campground and lodge permits, everyone in My group has authorized Me act on their behalf and bind them to the terms and conditions of this Agreement. I agree to indemnify the Released Parties.
  1. The “Activity” or “Activities” include any activities on the Released Parties’ properties, including but not limited to:  any type of hiking, swimming, camping, lodging, climbing, transcending, transversing, jumping, riding, flying, interactions with animals, and any use of Equipment or Facilities.
  1. The “Equipment” includes any equipment rented, purchased, used, or provided to Me by the Released Parties, including but not limited to: horses, packs, food, water, goods, furniture, toiletries, lodges, chains, benches, toilets, helicopter, and other equipment useful or necessary for the Activities or located upon or within the Havasupai Indian Reservation. I accept the Equipment AS IS and without any warranties. I accept full responsibility for the care of the Equipment. I am responsible for replacing, at full retail value, any Equipment that is damaged. I agree to return the Equipment in clean and good condition to avoid any additional charges.
  1. The “Facilities” include but are not limited to, the Released Parties’: trails; campsites; waterfalls; lodges; vehicles; helicopters; buildings; accesses, ingress or egress routes; amenities; parking lots; plateau and wilderness terrain; bridges; manmade and natural terrain features; creeks; waterholes; water features; and any locations upon or within the Havasupai Indian Reservation or where the Activities occur.
  1. INHERENT RISK: I understand My participation in the Activities, use of Facilities, and/or Equipment involves inherent and non-inherent risks which may result in property damage, loss, injury, and/or death. These risks include, but are not limited to: slipping; sliding; falling; tumbling; dropping; slick or uneven surfaces; other surface and subsurface conditions; floods; rock slides; fires; movements and variations in terrain; design, construction and condition of man-made or natural features; waterfalls and water features; livestock and wildlife; downed timber; forest growth; trees, tree limbs, tree wells and stumps; rocks and debris; marked and unmarked obstacles; collisions or impacts with other people, animals, equipment, vehicles, or objects, including manmade and/or natural features; terrain features; infestations; the decision-making, conduct and instruction of the Released Parties, including, but not limited to, rescue operations and/or medical care, allowing use or access to terrain or an Activity or Equipment; the malfunction, misuse, or failure of Equipment or any product to perform as intended or represented; riding animals; helicopter use whether inside or outside of helicopter; changing and adverse weather; poor or obstructed visibility; entrapment; entanglement; drowning, existing and changing water conditions, and any other risks associated with My participation in the Activities, use of the Facilities or Equipment, or travel on and throughout the Havasupai Reservation. DESPITE THESE RISKS AND ALL OTHER RISKS, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF PROPERTY DAMAGE, INJURY, OR DEATH that might be associated with, arise from, or be obvious and necessary to My participation in Activities, use of Facilities and/or Equipment, and travel on and throughout the Havasupai Reservation.
  2. IMPORTANT: RELEASE AND WAIVER OF LIABILITY, AGREEMENT TO INDEMNIFY, AND COVENANT NOT TO SUE: I AGREE NEVER TO SUE and TO RELEASE FROM LIABILITY the Released Parties for any and all damages, loss, injury, or death arising from the Activities, Facilities, and/or Equipment, regardless of cause, including NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE OF RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST ANY RISKS OR HAZARDS OF THE ACTIVITY, NEGLIGENT INSTRUCTION, TRAIL and/or FEATURE DESIGN, NEGLIGENT/INEFFECTIVE ASSISTANCE OR RESCUE, and any alleged NEGLIGENCE BY THE RELEASED PARTIES. I understand this release and waiver includes all claims, even those from events that have already happened, that I am unaware of, and that are not mentioned here. THIS RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS VALID EACH TIME I PARTICIPATE IN THE ACTIVITIES, VISIT THE FACILITIES, USE THE EQUIPMENT, OR ENTER THE HAVSUPAI RESERVATION AND OTHER HAVASUPAI LANDS and it is binding immediately and will prevent Me, My heirs, agents, or representatives from filing suit or making any claim for damages for property damage, loss, injury, or death. Additionally, in the event that I, My legal representative, person acting on My behalf, or person for whom I agreed to this Agreement files a claim or lawsuit arising from the Facilities, Equipment, or Activities, I AGREE TO INDEMNIFY AND HOLD HARMLESS Released Parties for any damages, attorney’s fees, or costs arising out of such claim or lawsuit and enforcing this Agreement. I fully understand this Agreement and I enter into this Agreement freely and voluntarily.
  3. PHYSICAL ATTRIBUTES, KNOWLEDGE, AND ABILITY LEVEL: I have the knowledge and ability to safely enter the Havasupai Reservation and engage in Activities and use the Equipment and Facilities. I agree to indemnify, hold harmless, and release from liability and not to sue, the Released Parties from any claims and/or damages related to information regarding My physical attributes, knowledge, or ability level.
  1. MINOR PARTICIPANTS: Minors are required to have a legal guardian or authorized adult read and agree, verifying that the legal guardian/authorized adult has read and understands this Agreement and agrees to be bound by its terms.
  1. MEDICAL RELEASE, AND PERMISSION TO TREAT: In the event of a medical emergency, I give consent to Released Parties to provide emergency first aid treatment and/or refer treatment to emergency personnel and other medical care providers if they deem it necessary at the time to preserve My life, limb, or well-being. I agree to pay all costs associated with such treatment and related transportation, and to indemnify, hold harmless and release from liability the Released Parties for all related costs, legal and/or damages, including claims alleging negligent medical treatment.
  1. DIGITAL MEDIA AND DATA USE: I acknowledge and agree that Released Parties, and any third party authorized by Released Parties, shall have the irrevocable right to film, videotape, photograph, and record Me or Minors’ likeness and voice in perpetuity, and to use, display, and alter such media, including any media to be used in promotional products, licensed products, and all affiliated relationships, without compensation or restriction.
  1. ONE AGREEMENT: This Agreement applies to any Activity and the use of any Facilities/Equipment and any claim related or arising from My presence on the Havasupai Reservation, including any activity/facility/equipment not specifically identified in this Agreement. This Agreement will apply for every day I use the Facilities, any Equipment and/or engage in any Activity forever, until I execute a new or similar Agreement, or I revoke it in writing and that writing is accepted in writing and signed by the Released Parties’ authorized representative. This Agreement shall be binding upon My assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and if any portion is determined to be unenforceable by a court/tribunal with jurisdiction over the Released Parties all other parts shall remain in full force and effect. I agree to abide by all applicable laws, ordinances, rules and regulations, and codes while participating in the Activity and being present on the Havasupai Reservation.
  1. VENUE AND LAW: I expressly waive any applicable legal statutes of limitation and agree to bring any claim for damages related to the Activities, Equipment, Facilities, or this Agreement within ONE YEAR of the incident giving rise to any claim for damages. I expressly agree that the Havasupai Tribal Court has exclusive and sole jurisdiction over any and all matters related to this Agreement, including those related to property damage, loss, injury, and death. Havasupai Tribal law shall govern this Agreement and any claims brought related to this Agreement and Activities. Notwithstanding the foregoing, the Tribe reserves the right to raise any and all defenses in the Havasupai Tribal Court and any other court, including sovereign immunity.
  2. SOVEREIGN IMMUNITY. The Havasupai Tribe has sovereign immunity. The Tribe does not waive its sovereign immunity. Nothing in this Agreement shall be construed as an express or implied waiver of the Tribe’s sovereign immunity. The Tribe’s sovereignty immunity extends to the other Released Parties as permitted by applicable law.

I carefully read this agreement, understand its contents, and/or by using the Equipment or Facilities, participating in the Activities, being on or within the Havasupai Reservation or other Havasupai lands or properties, or clicking to purchasing permits, I voluntarily accept and agree on behalf of Me, others in My group, for anyone using a permit purchased by me, for anyone in the group I am serving as the trip leader or PATL of, and/or Minor participant(s) with full knowledge of its legal significance.

 

By CLICKING ACCEPT, I represent that I am THE PARTICIPANT, a parent or legal guardian, or otherwise authorized to ACCEPT the TERMS AND CONDITIONS OF THIS AGREEMENT on MINE AND their behalf.