WAIVER OF LIABILITY & HOLD HARMLESS AGREEMENT
Land(s) and Property at 7234 Highway 21, Lowman ID 83637
 

1. In consideration for receiving permission to be on the property/premises located at 7234 Highway 21, Lowman ID 83637 owned and operated by SouthFork River Holdings LLC and SouthFork Wilderness Ventures LLC., I hereby release, waive, discharge and covenant not to sue, South Fork Lodge, its shareholders, owners, management, supervisors, agents and employees (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, my employees, subcontractors, guests or anyone else caused by or incidental to my electing to have access to this property/land, or to any property belonging to me, whether caused by the negligence of the releasees, or otherwise, while on or upon the premises, while in transit to or from the premises, or in any place or places connected with the premises. I understand the risks involved in being on this property/premises, and I recognize and agree to accept that any activity/activities involves risk of injury while being on this property/premises, and I assume all risks associated with it, including but not limited to property damage or loss, minor bodily injury, severe bodily injury, and death. I am voluntarily entering onto this property/premises with the knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, bodily injury, or death. 
   
   2. I am fully aware of risks and hazards connected with being on the premises, and I am fully aware that there maybe risks and hazards unknown to me connected with being on the premises, and I hereby elect to voluntarily be on and upon, to enter upon the above named premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being on the premises, whether caused by the negligence of releasees or otherwise.
   
   3. I further hereby agree to indemnify and save and hold harmless the releasees and each of them, from any loss, liability, damage or costs they may incur due to my being on the premises, whether caused by the negligence of any or all of the releasees, or otherwise.4. It is my express intent that this Release shall bind me, my company or the employer who employs me to furnish services for which I have agreed to enter upon this property/premises, the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver,Discharge and Covenant Not to Sue the above named releasees, their family members, officers, servants, agents and employees. In signing this Release, I acknowledge and represent that:
   
   A. I have read the foregoing release, understand it, and voluntarily agree as my own free act and deed;
   B. No oral representations, statements or inducements, apart from the foregoing written agreement, have been made.
   C. I am at least eighteen (18) years of age and fully competent; if I am under eighteen (18) years of age, my parent or guardian may sign this document adding my name to the document.
   D. I execute this Release for full, adequate and complete consideration fully intending to be bound by same. 
   
   Force Majeure
   Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that the parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement.  For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.