MUJERES VALLEY VISITOR LIABILITY WAIVER
Participant Agreement, Release and Assumption of Risk
By visiting the property (hereinafter referred to as “Mujeres Valley”), their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Mujeres Valley"), I hereby agree to release, indemnify, and discharge Mujeres Valley, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1a. I acknowledge that my participation in camping or other activities at Mujeres Valley including but not limited to a guided tour, hunting, fishing, outdoor instruction and shooting range activities entails known and unanticipated risks that could result in physical or emotional injury. This includes but not limited to death, damage to myself, to property, and/or to third parties. I understand and accept the risks associated and waive the right to bring any legal action against Mujeres Valley.
1b. I acknowledge that the risks include, but are not limited to: exposure to temperature and weather extremes such as heat exhaustion, sunburn, and/or dehydration; and exposure to potentially dangerous wild animals, insect bites, and/or hazardous plant life; equipment failure; improper lifting or carrying; your own physical condition and the physical exertion associated with this activity.
2. I expressly agree, accept and assume all risks associated and my participation in any activity associated with Mujeres Valley is purely voluntary.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Mujeres Valley from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Mujeres Valley's equipment or facilities, including any such claims which allege negligent acts or omissions of Wanderland.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Mujeres Valley and any and all landowners from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Mujeres Valley's equipment or facilities, including any such claims which allege negligent acts or omissions of said landowner.
5. Should Mujeres Valley or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold Mujeres Valley and all agents and representatives harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
7. In the event that I file a lawsuit against Mujeres Valley, I agree to do so solely in the state of New Mexico, and I further agree that the substantive law of New Mexico shall apply in that action without regard to the conflict of law rules of that state.
8. All portions of this waiver apply to any parties performing work as independent contractors and as such are not considered employees of Wanderland.
9. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against New Mexico on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
For Participants Under 18 Years of Age, Parents/Guardians must agree as follows: In consideration of the Participant named below being permitted by Mujeres Valley to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Mujeres Valley from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.