PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CHECKING THE BOX "I ACCEPT/AGREE" AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THIS AGREEMENT; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

YOU MAY PRINT THE WEB PAGE CONTAINING THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR COMPUTER.

This is a legally binding liability release, waiver, discharge and covenant not to sue (the “Release”), made by you to Northern Wilderness Journey LLC, a New Hampshire limited liability company, and its members, managers, employees, guides, demonstrators, volunteers and their respective heirs and assigns (collectively, “Northern Wilderness Journey”).

I hereby acknowledge and fully recognize that there are dangers and risks to which I / my child, may be exposed by participating in the activities that are the subject of the Courses, or otherwise arising from the Courses offered by Northern Wilderness Journey LLC (the “Courses”). The activities that are the subject of the Courses, will be largely held outside and may involve strenuous physical activity and possible extensive interaction with and significant exposure to other people, equipment (including possible equipment failure) and the wilderness.

The Courses available for download include the Prepared Hiker System which covers the topics of: how to plan a trip, what to pack, how to navigate, understanding the weather, general trail skills (including how to purify water, hiking techniques, hiking ethics, how to use and sharpen a knife), how to build a fire, basic knots, how to build a tarp shelter, leadership, understanding risk, decision making, & contingency planning (including what to do when lost, searching for a lost group member, how to plan an evacuation for an injured group member & how to spend an unexpected night in the woods.) I acknowledge that participation in any of these activities is not risk free.

The risks and dangers encountered while participating in the activities that are the subject of the Courses, or otherwise arising from the Courses, may include, but are in no way limited to, cuts, scrapes, lacerations, puncture wounds, burns, insect, arachnid or wildlife bites and/or stings, exposure to heat and cold, exposure to sun, sunburn, exposure to plants (such as poison ivy), dehydration, heat related conditions such as sun stroke, getting lost, allergic reactions, or trips and falls leading to bruising, broken bones, strains or sprains. It is also possible that a participant may suffer mental discomfort, anguish or trauma related to the activities.

By signing below, I agree to assume and take upon myself all the risks and responsibilities in any way associated with the activities that are the subject of the Courses, or otherwise arising from the Courses. In consideration of and in return for participation in the Courses, and other assistance provided to me by Northern Wilderness Journey with respect to the foregoing or other activities that I / my child may participate in, I hereby release Northern Wilderness Journey from any and all liability, claims and actions that may arise from injury or harm to me / my child from death or from damage to property in connection with these activities. I understand that this Release covers liability, claims and actions caused entirely or in part by any acts or failures to act by Northern Wilderness Journey, including but not limited to negligence or mistake.

I recognize that this Release means I am giving up, among other things, all rights to sue Northern Wilderness Journey for injuries, damages, or losses that I / my child may incur while participating in the activities that are the subject of the Courses, or otherwise arising from the Courses. I also understand that this release binds my heirs, executors, administrators, and assigns, and/or my child’s heirs, executors, administrators and assigns, as well as myself.

I further recognize and acknowledge that the Courses offered by Northern Wilderness Journey LLC are recorded and take place on real property owned by Shaun Flynn and Simone Flynn (the “Property Owners”), and that my signature on this Release shall include my giving up all rights to sue the Property Owners, and their heirs or assigns, for injuries, damages or losses I / my child may incur while participating in the activities that are the subject of the Courses, or otherwise arising from the Courses. I understand that this Release as it relates to the Property Owners, binds my / my child’s heirs, executors, administrators, and assigns.

I hereby agree that if Northern Wilderness Journey and/or the Property Owners (or either of them) is or are forced to defend any action, lawsuit or litigation by myself, my executors, my heirs, on my child’s or my behalf, my heirs or executors and I agree to pay Northern Wilderness Journey LLC the costs and attorney’s fees if it successfully defends such action, lawsuit or litigation.

Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of New Hampshire, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability Agreement must be brought exclusively in any state or federal court located in New Hampshire.

Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless it is in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.

Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and participation in the Activity and use of the Premises, the Parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties.

Consent to Agreement. Either party may give consent to or sign any document electronically, such as by clicking an online button showing the party's agreement. The parties agree not to dispute the validity or enforceability of electronic signatures or consents on the basis that they do not comply with the laws requiring that agreements be in writing.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE THE NORTHERN WILDERNESS JOURNEY, LLC. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.

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