In consideration of the services of Mountain Trip International LLC, 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 "MTI"), I hereby agree to release, indemnify, and discharge MTI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that mountaineering in foreign countries entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightning, weather changes and avalanche; the risks of falling off the rock, mountain or into a crevasse; the risks of exposure to insect bites; encounters with animals and wildlife; the risk of altitude and cold including hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema; travel in remote areas with poor or no access to emergency and/or medical services; consumption of food or drink; and improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to life in the United States.
Furthermore, MTI employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MTI 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 MTI’s equipment or facilities, including any such claims which allege negligent acts or omissions of MTI.
4. Should MTI 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 them harmless for all such fees and costs.
5. 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.
6. In the event that I file a lawsuit against MTI, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, 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 MTI 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.
Good to hear from you Daniel! You’ve been at 11.2 for a whole week now. Sounds like the weather may be clearing and some groups moving up today. Hopefully we will hear from you soon higher up. Just watched the DVD of our Kilimanjaro trip. Brought back good memories. We are all praying for you here.
Hope you will still have some fun in Camp II. but also hope for you that the weather will clear.
Babe! So great to hear your voice! Can’t wait to see a picture of your snowman 🙂 Praying God stops the snow and wind like he stopped the raging sea and you can make it up to the summit!! I’m glad everyone is doing well. We all miss you like crazy here!! LOVE YOU!!!
Daniel! It is so great to hear your voice and to know that you all are doing so well. Praying for you and that the weather clears soon! Bless you.
Great to hear you do the team update, Daniel! Hopefully the weather clears soon for you. What an adventure! Wish I could be there with you! Good luck as you continue up the mountain!
Daniel,
It’s awesome to be following your climb ! Praying for the elements to settle down and allow your team to push forward. I look forward to pictures and hearing about your adventure upon your return ! Happy Trails!
Hi Daniel….just sitting here on lower Lake Nashotah outside of Milwaukee with light rain coming down and 80 degrees. It’s hard to imagine sitting on the mountain watching the snow pile up. Lyn, Joan, Jim and our gangs are praying for your safety, comfort and a break in the weather. Hang in there and I can’t wait to see your photo from the summit. Have a great climb. Howard
Hi Daniel, remember how non-tech I am… tried to leave message earlier, had so much trouble thought forget it but wanted you to know we keep you in our prayers for safety and Gods hand to hold you from harm. Can’t wait to hear all your tales of your experience. Love you Grandpa and Grandma Ritschard
Hey Daniel. What an experience!! I hope the weather clears for you. I’ve seen the mountain a couple of times. What a beauty. Thinking of you – you go guy
Daniel! We’ve been thinking about ya! It sounds like Indiana from November-March there! 😉 People are probably really impressed by your mad snowman making skills. Can’t wait to hear about your adventure!! Good luck bud!
Hi Mands happy to hear that your team is in such good spirits. Hoping and praying that the weather breaks soon and that you can continue to the summit and return safely. Enjoy the rest of your climb. Can’t wait to see your photos. All here in S.A. are waiting for that summit report and send love. Love you lots. Mom xxxxxxx
Daniel, hope you get a break in the weather and can move on soon. I don’t like to think about you sitting in the cold as we melt in the heat here, but that’s the way it is right now! Praying that you will keep safe with the rest of your team. Can’t wait to see the pictures when you get home. Love, Mom