Riding with a FREERIDE WORLD TOUR rider: Waiver

In order to participate in a Tour with an athlete who has been selected by and compete in freeriding competitions organized by the Freeride World Tour (“FWT”) (“Athlete”), it is an essential requirement, inter alia required by the Athlete that you attentively read, before the booking, and consequently accept this Release and Waiver, which is effective between you and your Athlete as of the date when you first book or participate in a Tour, whichever happens first. All terms not defined here have the meaning given them in the Explore & Share Terms & Conditions of Use which remain applicable unless otherwise stated in or where incompatible with any provision of the present Release and Waiver. The present Release and Waiver shall take precedence on the Explore & Share Terms and Conditions of Use in case of contradiction.

Explore & Share (“E&S”) facilitates you to book an Athlete through the Website. The focus is on helping you to find and to facilitate booking an Athlete for outdoor recreation (the “Tours“) through a set of questions in order to structure the request to the Athlete. E&S itself does not offer any guide, tour or touristic services.

You explicitly confirm that you are 18 years or older. If you are bringing a minor as a participant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Tour and that you legally have the required authority to supervise and travel around with the minor, that there are no restrictions of any kind whatsoever that are infringed by the booking and/or participation of the minor in a Tour, that you have read this Release and Waiver and agree to it on the minor’s behalf and are legally entitled to do so and are exclusively and entirely responsible in case of non-compliance with the provisions of the present Release and Waiver. If you are booking a Tour on behalf of other Participants, you will ensure, and you explicitly confirm and warrant, that each Participant on whose behalf you book has before the booking, attentively read and consequently agreed to this Release and Waiver, which shall apply to each of them as if the reference to “you” were as a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Tour(s) you sign up to may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death. By booking the Tour and/or participating in it, you explicitly confirm that you were informed of its specific characteristics. In case you would have any further questions, concerns or specific demands in this regard, you were/are obliged to inform/contact the Athlete directly to communicate these questions and/or concerns, before the booking and afterwards without any delay whatsoever. Any harmful consequences resulting from the non-compliance with this requirement will be borne exclusively by you.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH TRIP EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE ATHLETE OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE TOUR, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE TOUR.

Release and Waiver

You acknowledge, confirm and agree that:

• You have been completely and correctly informed about the risks involved in the Tour(s), have had all opportunities to reasonably assess these risks and have made an informed and voluntary choice to participate.

• You alone, and not your Athlete(s), are responsible for determining your skills and fitness for participating in the Tour(s) and your ability to fully understand any directions or warnings presented.

• You have undertaken all available measures to be perfectly informed and aware of your own limits and the fact that you are capable of making decisions for yourselves on whether to ski or snowboard on any terrains (including but not limited to jumps, half pipes and tree runs), and thus you alone are responsible for the consequences of your own actions.

• You will not participate in any Tour(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Tour(s).

• Your reasonable expectations for the Tour(s) fully take into account the specific characteristics of the Tour(s)

• You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Tour(s). If you notice any hazard during a Tour, you will stop participating in the Tour immediately.

• Your Athletes are neither certified mountain or ski guides nor ski or snowboarding instructors, and that therefore the Athletes cannot take care of and will not be responsible nor liable for taking care of your safety in the mountains or ski resorts.

• Your Athletes are not to be considered as your personal companions and it cannot be expected from them that they warn you for any risks involved in the Tour(s), independently of its (un-) foreseen, (un-) usual, (un-) known, (un-) exceptional… nature

• You are able to ski or snowboard safely down groomed terrains on their own. In case you acknowledge or should reasonably do so, before or during the Tour(s), that your skills are insufficient for the safe and proper execution of the Tour(s), you are obliged to communicate this immediately to the Athletes and take all measures to ensure your and your fellow companions’ safety. Any harmful consequences resulting from the non-compliance with this requirement will be borne exclusively by you.

• The Tour(s) don’t include transport services, even in case such service is performed by the Athlete or any third party, and the Athlete can therefore not be held liable for any harmful event that may occur during the performance of such services

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR ATHLETE(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR TOUR(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect and the provision held invalid will be replaced by a valid one, as close as possible to the former.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLETES PROVIDE THE TOUR(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLETE(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite the present Release and Waiver, you or anyone on your behalf make a claim against the Athlete(s) relating to a Tour, you will indemnify and hold the Athlete(s) harmless from any liability, demand, loss, damage, or costs which the Athlete(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY.