SOUTHEAST MOUNTAIN GUIDES, LLC

PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY

*Please read carefully. This is a legally binding agreement.

ABOUT OUR ACTIVITIES

Southeast Mountain Guides (referred to as “SOUTHEAST”) offers guided and unguided but supervised outdoor adventure experiences, including:

1. Via Ferrata (iron-rung and cable-assisted climbing),
2. Guided Rock Climbing, and
3. Guided Rappelling.

These activities take place on SOUTHEAST’s property, on private land, and on public lands including National Forest and National Park areas.

These activities are physically demanding, conducted in natural environments, and involve inherent risks that cannot be eliminated—even with careful planning and instruction.

INHERENT RISKS

Participating in climbing and rappelling can result in injury or illness. These risks include but are not limited to:

1. Slips, falls, or collisions
2. Rockfall or falling objects
3. Weather conditions (heat, cold, storms, lightning, wind)
4. Equipment failure or misuse
5. Exposure to infectious diseases
6. Errors in judgment by guides, staff, or volunteers
7. Injuries caused by other participants or members of the public

Injuries may be minor (e.g., cuts, bruises, sunburn), serious (e.g., sprains, fractures, concussions), or in rare cases, catastrophic (e.g., paralysis, permanent disability, or death).

PARTICIPANT RESPONSIBILITIES

By signing below, I confirm that I:

1. Understand and accept the inherent risks of SOUTHEAST activities.
2. Am voluntarily participating.
3. Am physically and mentally capable of safely joining in these activities.
4. Will follow all instructions, wear required equipment, and notify staff of any physical limitations or discomfort.
5. Will report all injuries—minor or major—to staff.

MEDICAL CONSENT

I authorize SOUTHEAST staff to provide first aid or CPR if needed. In case of emergency, I authorize them to secure medical treatment and transportation at my expense.

WAIVER & RELEASE OF LIABILITY

In consideration for being allowed to participate, I (and on behalf of my heirs, family, or representatives):

1. Waive, release, and agree not to sue SOUTHEAST, its owners, staff, landowners, contractors, and affiliates for injuries, death, or loss—even if caused by ordinary negligence.
2. This release includes claims related to all SOUTHEAST activities, on-site facilities (including trails and parking lots), and transportation.

INDEMNIFICATION

I agree to hold harmless and indemnify SOUTHEAST from any claims arising out of my participation—including those made by others due to my actions or conduct.

LEGAL TERMS

1. This agreement is governed by the laws of Kentucky, with jurisdiction in Wolfe County or the U.S. District Court for the Eastern District of Kentucky.
2. If any part of this agreement is found invalid, the rest shall remain enforceable.
3. Disputes will be settled first through mediation, then binding arbitration if needed.

FOR PARENTS/GUARDIANS OF MINORS

I affirm that I am the legal parent/guardian of the minor participant and that I have explained the risks involved. I consent to their participation and agree to all terms of this waiver on their behalf.

ACKNOWLEDGMENT & SIGNATURE

I have read and understood this document. I am aware that by signing, I am waiving certain legal rights and assuming responsibility for risks. I sign voluntarily and intend this to be a complete and unconditional release of liability to the fullest extent allowed by law.