Adventure Tour Terms & Conditions
Please read this document carefully. These Terms & Conditions must be accepted to be involved in tours and/or programs operated, sponsored, or coordinated by The Duluth Experience, LLC (a Minnesota business referred to below as “The Duluth Experience”) or any of its business Affiliates.
You will be asked to sign a paper copy of these Terms & Conditions at the beginning of the tour.
This document contains important information about The Duluth Experience’s programs and, by attending The Duluth Experience tours and/or programs, participants surrender certain legal rights in the event of an injury or other loss. Please contact us if you have any questions about this document.
WAIVER AND RELEASE OF LIABILITY
In consideration of the opportunity to participate in the programs of The Duluth Experience [and/or its Affiliates], I understand that by purchasing an adventure tour ticket from The Duluth Experience, I acknowledge and agree as follows:
- Outdoor recreational activities have inherent risks, dangers, and hazards and such exist in my use of skiing, snowshoeing, paddleboarding, biking, kayaking, and canoeing equipment, and participation in these and other outdoor recreational activities. These inherent risks, and others not specifically described, may be present in my activity with The Duluth Experience [and/or its Affiliates].
- My participation in such activities and/or use of such equipment or premises may result in injury or illness including, but not limited to: bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability.
- These risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of The Duluth Experience [and/or its Affiliates], the negligence of participants, accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to: guide decision making (including that a guide may misjudge terrain, weather, trail or water conditions), weather conditions, risk of falling out or drowning while in a canoe or kayak or while paddleboarding, falling off a bicycle or falling down while cycling, falling while skiing or snowshoeing, and such other risks, hazards, and dangers that are integral to recreational activities that take place in a wilderness, lake, outdoors, recreational environment, or other location.
By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the ordinary negligence or other conduct of the owners, agents, officers, or employees of The Duluth Experience [and/or its Affiliates], or by any other person, including myself. I also verify that I am in good health, not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and I am capable of pursuing the sport(s) of skiing, snowshoeing, paddleboarding, biking, kayaking, and canoeing, and my participation in one of more of these activities is entirely voluntary. I also agree to use all safety equipment appropriate to each activity as provided by either myself or The Duluth Experience [and/or its Affiliates], such wearing a properly secured, USCG approved personal flotation device of type 3 of better while kayaking or canoeing.
ASSUMPTION OF RISKS, WAIVER AND RELEASE, AND INDEMNITY
- I acknowledge and assume all risks of my enrollment and participation in a program of The Duluth Experience [and/or its Affiliates], whatever the nature of those inherent risks may be, and whether described above or not.
- I release The Duluth Experience, LLC, its owners, officers, directors, staff, contractors and Affiliates (“Released Parties”) from, and agree not to sue them for, any ordinary negligence resulting in a claim which I may have for injury, death, or other loss incurred during or in any way related to my enrollment or participation in a program of The Duluth Experience [and/or its Affilates]. This Waiver and Release does not apply to acts which constitute greater than ordinary negligence.
- I agree to defend, indemnify and hold harmless (that is, to defend and protect, including by paying liabilities, costs, and attorneys’ fees) Released Parties and all claims which I, a member of my family, another participant, or any other person, may have for any injury, death, or other loss incurred by me or caused by me related in any way to my enrollment or participation in any program of The Duluth Experience [and/or its Affiliates] and/or which may arise out of my use of skiing, snowshoeing, paddleboarding, biking, kayaking, canoeing and/or other equipment or premises where these equipment were used or my participation in any of these activities.
I attest that I have no physical or mental condition that would cause me to be a danger to others or myself. I will promptly inform The Duluth Experience [and/or its Affiliates] if I require an accommodation to allow me to participate fully in the activities or program. I understand that The Duluth Experience [and/or its Affiliates] may refuse admission or continued participation in any activity or program at its sole discretion and that if I am asked to leave a program or activity, I will receive no refund or other compensation for that circumstance.
Any dispute which I may have with The Duluth Experience [and/or its Affiliates] will be submitted to mediation if not otherwise resolved. Any mediation of suit shall occur exclusively in Duluth, St. Louis County, Minnesota, and I agree to the personal jurisdiction of the appropriate court of that county. Any dispute, including regarding the terms of this agreement, will be governed by the substantive laws of the State of Minnesota.
The Duluth Experience [and/or its Affiliates] is hereby authorized to use, without compensation, photographic, including video, images of me, for promotional or other purposes.
If any part of this Agreement is deemed unenforceable by a Court of other appropriate authority, the remainder of the agreement shall remain in force and effect. I intend this agreement to be binding on all members of my family, and on my estate and executors and administrators.
If a person under age eighteen (18) is a participant, a parent or guardian must accept these Terms & Conditions on behalf of the minor and a parent or guardian will be required to accompany the minor on the The Duluth Experience activity.
I have read the waiver and release, and by accepting these Terms & Conditions, agree that it is my intention to exempt and relieve The Duluth Experience, LLC [and/or its Affiliates] from liability for personal injury, property damage, or wrongful death caused by ordinary negligence or any other cause.
Now that you’re up to speed, let’s have some fun!