SLABLAB RELEASE OF LIABILITY and INDEMNITY AGREEMENT

I, user of the SLABLAB app (the “App”), agree that I am over eighteen (18) years old and understand that I am executing this SlabLab Release of Liability and Indemnity Agreement (the “Agreement”) under penalty of perjury and that I am doing so voluntarily on my own behalf.  I understand and agree that if acting on behalf of another person, I am acting as their authorized agent, parent, or legal guardian and my signature expressly confirms permission and consent to sign on the other person’s behalf, and this Agreement shall be binding upon that person. If I sign this Agreement on behalf of another without their express permission, consent, or legal authority, I understand and agree that I am committing fraud against, and agree to indemnify, the below identified Released Parties.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS:
I agree that I
voluntarily choose to be a user of the App., and I understand that being a user involves but is not limited to  interacting online with other users whom I may not know, sharing and receiving information, suggestions, and/or advice from/with other users, including but not limited to: avalanche danger, backcountry travel information, route information, skier/rider ability, terrain selection, and information about other users’ character, skill, ability, and physical fitness. I agree and understand that SLABLAB and each of their partners and affiliates, owners, investors, officers, directors, managing agents, employees, agents, contractors, landowners, and all affiliate persons and companies (hereinafter, the “Released Parties”) does not conduct criminal background checks or otherwise verify the identity, background, experience, fitness, or character of its users.  I understand it is my sole responsibility and decision to interact with other users both online and in person.  I further understand and agree it is my sole responsibility to confirm the validity and/or accuracy of all information, suggestions, and/or advice received from other individuals/users and that there are risks associated with meeting/interacting with other users online and in person, following other user information, suggestions, and/or advice, as well as risks associated with backcountry travel.  Such risks are too numerous to list, and include but are not limited to: avalanches, variable terrain, rocks, trees, stumps, snow immersion suffocation, falling, my or others’ poor judgment, exposure to extreme temperatures and weather conditions, collisions with other individual and/or natural objects or manmade objects, exhaustion, exposure to communicable diseases, equipment misuse or malfunction, inadequate equipment, negligent or ineffective rescue, poor route selection, misrepresentation and/or misunderstanding of slope danger, other users’/individuals’ exercising poor judgment, inaccurately assessing their ability and/or skill, lacking the physcial ability to engage in the Activity, gear failures and mishaps, interacting with other users, online and in person, without prior knowledge of their character and/or background, online bullying or other harassment, the pursuasion of other users/individuals, inaccurate and/or unsafe information, the negligence of other users/individuals, negligence of Released Parties, data violations, identity fraud, and others’ illegal conduct. I further understand that my participation in the Activities requires physical fitness and capacity, coordination, balance, strength, endurance, speed, ability to react, mental capacity, talent, and ability, and I represent that I possess the physical skill, fitness, and capacity to engage in the Activity/ies.

I understand the natural backcountry environment is not under Released Parties’ control or supervision and that the Released Parties make no representation or endorsement regarding the safety of any particular location, route, slope, trail, and/or other users. I further agree and understand that Released Parties do not screen, vet, or otherwise check, and make no representation, warranty, character reference, or any other representation of any kind regarding any/all other users of the App, others’ skill, ability, level of fitness, or character, and/or the information, suggestions, and/or advice from other users.  I agree it is solely my responsibility to research the avalanche danger, weather conditions, routes, and other individuals/users with whom I choose to interact and/or engage in Activities. I understand that Released Parties encourage its users to exercise caution and common sense when interacting with others on the App or in  person.  If I elect to engage in any Activity with other users, I do so voluntarily and at my own risk.

I further agree
Released Parties have not encouraged, coerced, advised, pressured, persuaded, intimated, or enticed me in any way to use the App, meet with other individuals/users, and/or engage in the Activity/ies and I do so on my own volition.  I understand all information provided on the App., including but not limited to information regarding backcountry travel, snow safety, route selection, avalanche danger, terrain, others’ skills and abilities, is not endorsed by the Released Parties.

In recognition of all the enumerated risks set forth herein, and other unenumerated risks, and in consideration of my right to use the App, I agree to expressly assume any/all risks of property damage, illness, injury, and even death associated with my participation in the Activity/ies, my meeting with other individuals/users, and/or my use of the App.

RELEASE OF LIABILITY/INDEMNIFICTION:
As consideration for being permitted to use the App, I also agree to release from any/all legal liability and never to sue the Released Parties for property damage, injury, illness, and/or death resulting from my participation in the Activity/ies, meeting with other individuals/users, and/or use of the App., including allegations of negligence
against any of the Released Parties, to the fullest extent allowed by law.  I also agree to defend and indemnify Released Parties for any/all claims brought by a third party which arise from my participation in the Activities, my meeting with other individuals/users, or my use of the App.

I understand and agree this Agreement is valid forever and is enforceable to the fullest extent of the law. I understand that by signing this Agreement, I, and my heirs, assigns, and representatives, are prevented from filing suit or making any claim for damages in the event of property damage, illness, injury, or death arising from my participation in the Activity/ies and/or use of the App.  I agree to defend, indemnify, and hold harmless the Released Parties for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of such a claim or for a lawsuit arising out of my participation in the Activity/ies, my meeting with other individuals/users, and/or my use of the App.  With a full understanding of this Agreement, I nevertheless enter into this Agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns, and legal representatives, or those on whose behalf I sign this Agreement.

I agree and understand I am responsible for my own safety while using the App, meeting with other individuals/users, and/or engaging in the Activity/ies.  I agree that while I am engaging in the Activity/ies, I will obey all posted signage, as well as local, state, and federal laws.  I agree that the Released Parties have no control over my or other individuals’/users’ conduct.  I understand the App is solely intended to provide a forum for its users to voluntarily communicate with each other, coordinate meet-ups, share information, and engage in the Activity/ies.  I agree that if I follow advice or use information of another App user I do so on my own volition and at my own risk.  I agree that I will confirm to the best of my ability the accuracy of the information and/or advice I receive from the App and will, ultimately, make my own decision(s) regarding interacting with other individuals/users, backcountry travel, and/or whether to engage in the Activity/ies.