AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/AGREEMENT NOT TO SUE & INDEMNIFICATION AGREEMENT
Jun 12, 2025 00:00 UTC
Please read this contract carefully before signing. It releases your trainer from liability and waives certain rights.
In consideration for my participation in personal training with Samsara Mountain Experience, LLC, d/b/a Samsara Training, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in any activity involving mountain sports physical training, (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121, et. seq.) and that participation in the Activity involves certain inherent dangers and risks. I agree that the following dangers or risks are inherent to the Activity, but that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activity not listed below: physical injury of any kind, including but not limited to strain, sprain, fracture, brain injury, internal injury, stroke, heart attack, or many other physical injuries too numerous to list here; exposure to airborne pathogens and viruses, including but not limited to contraction of Covid-19; mental or emotional damage or distress from exposure to any of the above; damage to property; and death or permanent disability. I also understand and acknowledge that Samsara Training coaches, trainers, and other instructors are not licensed physical therapists or licensed medical doctors, are not qualified to provide medical advice, care, or treatment; and will not assess the scope of your injury or any potential medically necessary treatment.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and inherent risks of doing so, and freely choose to accept the inherent and non-inherent risks of participating in the Activity; and I further acknowledge and agree that there are other risks that may not be specifically set forth in this document and may be unknown to me. By signing this Agreement, I recognize that property loss, serious injury, permanent disability, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, whether inherent or not, known or unknown, that may result in physical injury, property damage, or death, as provided by the Wyoming Recreation Safety Act and by common law.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity, and have the necessary physical dexterity to participate in the Activity without the direct, on-site supervision of a trainer. I assume the responsibility of monitoring my own health conditions and physical condition, and to make my own decisions about whether to perform any exercise or part of the Activity. I am responsible for reading, understanding, and complying with all directions, including the instructions on how to perform certain exercises. Further, I represent that I have had the opportunity to both independently research and discuss with Samsara Training the risks of participating in the Activities and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activities. I understand that I am responsible for truthfully disclosing and notifying Samsara Training of any risk to me or others associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that, in the event I choose to consume drugs or alcohol during the Activity, I will bear sole responsibility for myself and for any damages I may cause to Samsara Training, its property, or to others. I am not relying on any prior oral, written, or visual representations made by Samsara Training, including in any website or promotional materials, to induce me to participate in the Activities. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Samsara Training’s agreement to allow me to participate in the Activity, I HEREBY AGREE NOT TO SUE SAMSARA MOUNTAIN EXPERIENCE, LLC, D/B/A SAMSARA TRAINING, its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, contractors, principals, owners, members, managers, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any injury or loss, including death, which I may suffer, arising in whole or in part out of my participation in the Activity. By signing this Agreement Not to Sue, I am waiving any right to make a claim or file a lawsuit against any Released Party. Also, I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims by me and/or a third party arising in whole or in part from my participation in the Activity. IN OTHER WORDS, IF I AND/OR ANYONE ON MY BEHALF FILES ANY LAWSUIT OR BRINGS ANY CLAIM FOR INJURY OR DAMAGE AGAINST ANY RELEASED PARTY, I WILL BE REQUIRED TO PAY BACK TO ANY AND ALL SUCH RELEASED PARTIES ALL SUMS OF MONEY INCURRED BY, OR PAID BY OR ON BEHALF OF ANY OF THE RELEASED PARTIES ON ACCOUNT OF THE BRINGING OF SUCH SUIT OR CLAIM, INCLUDING ALL ATTORNEYS FEES AND COSTS.
6. Acknowledgement that Agreement is a Binding Contract: I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
7. Agreement to Application of Wyoming Law and Selection of Forum: In consideration for the Released Parties’ agreement to allow me to participate in the Activity, I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Wyoming law (without regard to any conflicts of laws analysis under common law), and that the exclusive jurisdiction for any claim shall be in the State District Court of Teton County, Wyoming.
8. Miscellaneous Provisions: If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by Samsara Training during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that Samsara Training is not in a joint venture with any such vendor or subcontractor. I agree that Samsara Training is not a common carrier.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.
Electronic Acknowledgment and Agreement
By checking the box, I acknowledge that I have carefully read, understand, and agree to be legally bound by all terms of the “Agreement to Assume All Risks; Release of Liability/Agreement Not to Sue & Indemnification Agreement.” I understand that this electronic acknowledgment constitutes my signature under applicable state and federal law, including the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).
I further agree that by checking the box, I am voluntarily waiving certain legal rights, including the right to sue, as described in the Agreement. I understand that if I do not check this box, I am not authorized to purchase any training product, participate in any Samsara Training activities, or otherwise engage in services governed by this Agreement. Participation or purchase without checking this box is strictly prohibited and shall be considered a breach of the terms.