Montana Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement: When engaging in recreational activities in an adjacent river while staying at a Lodge, Motel, or Hotel in Montana, it is essential for both the facility and the guests to understand and acknowledge the potential risks involved. To ensure safety and protect all parties involved, it is common for these establishments to require guests to sign a Montana Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement. This agreement serves as a legal document outlining the responsibilities and liabilities of each party, addressing key aspects such as: 1. Description and Definitions: The agreement begins by clearly defining the Lodge, Motel, or Hotel, describing the recreational activities available, and specifying the adjacent river in which these activities take place. It may further include comprehensive definitions of terms used throughout the document, such as "recreational activities," "adjacent river," and "participants." 2. Assumption of Risk: Guests are notified in this section that the recreational activities they choose to engage in come with inherent risks and hazards. It highlights that these risks can cause personal injury, property damage, or even death. By signing the agreement, guests acknowledge that they voluntarily assume these risks themselves. 3. Release and Waiver of Claims: This clause ensures that guests release and discharge the Lodge, Motel, or Hotel from any and all liability, claims, demands, or actions arising out of or related to the recreational activities in the adjacent river. It emphasizes that guests waive any rights to sue or seek compensation for injuries or damages incurred due to their participation. 4. Indemnification: Guests agree to indemnify and hold harmless the Lodge, Motel, or Hotel from any claims or liabilities resulting from their participation in the recreational activities. This means that guests take full responsibility for any loss, injury, or damages suffered by themselves or any other party due to their actions or negligence. 5. Acknowledgment of Safety Briefings and Rules: This section confirms guests' understanding that they have received a thorough safety briefing regarding the specific recreational activities available, including any equipment usage, guidelines, and applicable rules. It emphasizes the importance of adhering to these safety briefings and rules throughout their participation. Types of Montana Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreements: 1. Standard Release and Waiver Agreement: This is the most common form of agreement used by Lodges, Motels, or Hotels in Montana. It covers a broad range of recreational activities conducted in an adjacent river, such as kayaking, fishing, river rafting, or swimming. 2. Specific Activity Release and Waiver Agreement: In circumstances where the Lodge, Motel, or Hotel offers specific recreational activities within the adjacent river, such as whitewater rafting or jet skiing, a more tailored agreement may be required. This agreement solely focuses on the designated activities, providing detailed clauses related to the associated risks, participant qualifications, and specific safety rules. By implementing these Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreements, Lodges, Motels, or Hotels in Montana prioritize guest safety while still allowing individuals to enjoy the recreational activities provided in the adjacent river.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.