PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER, AND INDEMNIFICATION
Version 1.2. Effective date: [EFFECTIVE DATE].
Beta Bulletin is a service operated by Cascade Venture Labs LLC.
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. IT INCLUDES AN ASSUMPTION OF RISK, A RELEASE AND WAIVER OF LIABILITY, A COVENANT NOT TO SUE, AND AN INDEMNIFICATION OBLIGATION. BY CHECKING THE ACCEPTANCE BOX, CREATING AN ACCOUNT, OR PARTICIPATING IN OR HOSTING ANY EVENT, YOU AGREE TO EVERYTHING BELOW.
1. THE PLATFORM IS ONLY A VENUE. Beta Bulletin (the "Platform") is an online platform operated by Cascade Venture Labs LLC ("we," "us," "our") that lets independent individuals find and communicate with one another to arrange their own outdoor activities and meetups ("Events") and share reports about trips they have taken. Neither Cascade Venture Labs LLC nor the Platform is an organizer, sponsor, promoter, guide, outfitter, instructor, trip leader, or supervisor of any Event. We do not plan, lead, control, oversee, attend, or participate in Events. Every Event is created, organized, and carried out solely by and among users. "Hosts" are peers, not professional or certified guides, and we do not employ, direct, train, or control them. Cascade Venture Labs LLC has NO DUTY to — and does not — vet, screen, verify, background-check, supervise, monitor, warn, rescue, chaperone, or ensure the safety of any user, Host, participant, Event, route, condition, or content, and you agree that Cascade Venture Labs LLC assumes no such duty by providing the Platform, by moderating, or otherwise.
2. NO VETTING, NO ENDORSEMENT, NO BACKGROUND CHECKS. Cascade Venture Labs LLC does not verify, and makes no representation or warranty about, the identity, age, background, character, criminal history, qualifications, certifications, skill, experience, physical fitness, equipment, or trustworthiness of any user, Host, or participant, or the accuracy of anything users post (including self-rated skill levels, difficulty ratings, trip reports, conditions, locations, routes, or gear lists). We do not perform identity, background, or criminal checks. We do not endorse, recommend, certify, or guarantee any user, Host, Event, trip report, route, condition, or activity. You are solely responsible for evaluating — and you assume all risk relating to — the people you meet, the Events you attend, and any information you rely on, whether online or in person.
3. ASSUMPTION OF INHERENT AND OTHER RISKS. Outdoor activities — including but not limited to hiking, trail running, mountain biking, resort and backcountry skiing and snowboarding, rock, gym, and alpine climbing, whitewater kayaking and paddling, and related activities — ARE DANGEROUS AND INVOLVE INHERENT AND OTHER RISKS THAT CAN RESULT IN PROPERTY DAMAGE, ILLNESS, MINOR OR SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH. These risks include, without limitation: drowning; cold water, hypothermia, and heat illness; avalanches, rockfall, icefall, tree wells, and falling trees; falls from height; rapids, currents, strainers, and hydraulics; equipment failure, absence, or misuse; becoming lost or stranded; weather and rapidly changing conditions; wildlife; difficult terrain and altitude; physical exertion and pre-existing conditions; the acts or omissions of Hosts and other participants; inadequate, delayed, or negligent first aid, communication, or rescue; remoteness from medical care; and travel to and from Events, including carpooling. These risks may be caused by your own actions or inactions, the actions or inactions of others, the condition of the location or equipment, or the NEGLIGENCE of Cascade Venture Labs LLC or others, and there may be additional risks not known or not reasonably foreseeable. KNOWING AND UNDERSTANDING ALL OF THIS, YOU FREELY AND VOLUNTARILY ASSUME ALL RISK — KNOWN AND UNKNOWN, INHERENT AND OTHERWISE — OF USING THE PLATFORM AND PARTICIPATING IN OR HOSTING ANY EVENT, AND YOU ACCEPT PERSONAL RESPONSIBILITY FOR ALL RESULTING HARM.
4. SPECIFIC ACTIVITY RISKS. Different activities carry different and additional risks. Without limiting Section 3, you acknowledge, understand, and assume, among others: (a) Hiking and trail running — slips, trips, and falls; uneven, steep, loose, or wet terrain; getting lost; exposure, dehydration, and heat or cold illness; wildlife; and remoteness from help. (b) Mountain biking — high-speed falls and crashes; collisions with terrain, obstacles, trees, vehicles, or other people; loss of control on descents; and mechanical failure. (c) Rock, gym, and alpine climbing — falls from height; rope, harness, anchor, belay-device, or other equipment failure or misuse; rockfall and dropped objects; and belayer or partner error. (d) Skiing, snowboarding, and snow sports — high-speed falls and collisions with people, terrain, trees, or lift infrastructure; loss of control; variable snow and surface conditions; and cold-weather injury. (e) Whitewater kayaking and paddling — drowning, foot and body entrapment, and pinning; cold-water immersion and hypothermia; rapids, currents, strainers, and hydraulics; and separation from craft or group. (f) Backcountry and off-piste travel — avalanches; tree wells; unmarked and unmitigated hazards; navigation error; and being far from rescue. You are solely responsible for understanding the specific risks of any activity you choose and for having the skills, training, fitness, and equipment it requires.
5. RISKS FROM OTHER PEOPLE AND FROM MEETING STRANGERS. You understand that the Platform lets you meet, communicate with, and travel into remote or hazardous settings with people you do not know. YOU ASSUME ALL RISK ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, HOSTS, AND PARTICIPANTS — ONLINE AND IN PERSON — including the risk of inaccurate, incomplete, or dishonest information; poor judgment; negligence; harassment or discrimination; theft or property damage; physical or sexual assault; other criminal acts; and any other harmful conduct. Cascade Venture Labs LLC does not screen, supervise, or control users and is NOT responsible or liable for the acts or omissions of any user, Host, or third party, whether online or offline. Use good judgment: meet in public where possible, tell someone your plans, verify who you are meeting, and stop or leave any situation that feels unsafe. In an emergency, contact local authorities.
6. YOUR RESPONSIBILITIES. You are solely responsible for: (a) honestly assessing your own skills, health, fitness, and ability to participate safely; (b) evaluating each Event, Host, other participant, route, and set of conditions, and the skill and equipment required; (c) supplying, inspecting, and properly using appropriate safety equipment; (d) obtaining any required permits, passes, and permissions; (e) knowing and obeying all applicable laws, rules, and land-management regulations; (f) your own transportation and your own emergency, evacuation, and communication planning; and (g) continuously deciding whether it is safe for you to begin or continue any activity. You may decline or withdraw from any Event at any time, and you should stop if conditions exceed your ability.
7. RELEASE AND WAIVER OF LIABILITY; COVENANT NOT TO SUE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Cascade Venture Labs LLC and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, successors, and assigns (collectively, the "Released Parties") FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, THAT YOU (OR YOUR HEIRS, ESTATE, OR REPRESENTATIVES) MAY HAVE, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM, YOUR PARTICIPATION IN OR HOSTING OF ANY EVENT, YOUR TRAVEL TO OR FROM ANY EVENT, YOUR INTERACTIONS WITH ANY USER OR HOST (ONLINE OR IN PERSON), OR ANY INJURY, DEATH, OR PROPERTY DAMAGE. THIS RELEASE EXPRESSLY INCLUDES, WITHOUT LIMITATION, CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, AND CLAIMS THAT A RELEASED PARTY NEGLIGENTLY OR OTHERWISE (i) DESIGNED, OPERATED, OR PROVIDED THE PLATFORM; (ii) CONNECTED, MATCHED, INTRODUCED, OR ENABLED YOU TO MEET OR COORDINATE WITH ANY OTHER PERSON OR EVENT; (iii) FAILED TO VET, SCREEN, VERIFY, BACKGROUND-CHECK, MONITOR, OR SUPERVISE ANY USER, HOST, EVENT, OR CONTENT; (iv) FAILED TO WARN YOU OF ANY RISK, PERSON, CONDITION, OR EVENT; OR (v) FAILED TO PROVIDE, OR PROVIDED INADEQUATE, SAFETY FEATURES, MODERATION, OR INFORMATION. YOU AGREE THAT THE RELEASED PARTIES OWE YOU NO DUTY TO DO ANY OF THE FOREGOING. This release does not apply to liability that applicable law does not permit to be released (for example, gross negligence, recklessness, or willful misconduct where a release of such conduct is prohibited).
8. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) brought by you or any third party and arising out of or relating to your use of the Platform, your participation in or hosting of any Event, your conduct, your content, your violation of this Agreement or of any law, or any injury or damage you cause to any person or property.
9. NO DUTY TO MONITOR; USER CONDUCT. Cascade Venture Labs LLC has no obligation to supervise or monitor Events or user conduct, although it may, at its sole discretion and without any duty to do so, moderate content and suspend or remove users. Any such moderation does not create a duty of care and does not make Cascade Venture Labs LLC an organizer of, or responsible for, any Event or user. You are responsible for your own conduct and safety. The Released Parties are not responsible for the conduct — including unlawful, harmful, harassing, or negligent conduct — of any user, Host, or third party, whether online or offline.
10. MEDICAL AND EMERGENCY. The Released Parties do not provide, and have no duty to provide, medical, rescue, or emergency services or to render aid. You are responsible for carrying your own medical, accident, and evacuation insurance and for your own emergency planning. You represent that you are medically able to participate in the activities you choose, and you consent to receive emergency medical treatment at your own expense if needed.
11. ELIGIBILITY; ADULTS ONLY (18+). The Platform and Events are for adults only. You represent and warrant that you are at least 18 years old (or the age of majority where you live, if higher) and have the legal capacity to enter into this Agreement. You may not use the Platform on behalf of, or bring to an Event, a minor.
12. NO WARRANTIES. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Cascade Venture Labs LLC does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any information on it is accurate or complete.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY EVENT, EVEN IF ADVISED OF THE POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID CASCADE VENTURE LABS LLC, IF ANY, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
14. GOVERNING LAW; VENUE. This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Subject to Section 15, you agree to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington for any dispute.
15. DISPUTE RESOLUTION — ARBITRATION AND CLASS-ACTION WAIVER. Except for individual small-claims matters, any dispute arising out of or relating to the Platform or this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current rules, rather than in court. YOU AND CASCADE VENTURE LABS LLC WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
16. SEVERABILITY; NO WAIVER; SURVIVAL. If any provision of this Agreement is held unenforceable, it will be modified to the least extent necessary to make it enforceable or severed, and the remaining provisions will remain in full force; the parties intend that the releases, waivers, assumptions of risk, and limitations be given the broadest enforceable effect. Our failure to enforce any provision is not a waiver of it. Sections 3 through 16 survive termination or deletion of your account.
17. ENTIRE AGREEMENT; ELECTRONIC ACCEPTANCE. This Agreement, together with any posted Terms of Service and Privacy Policy, is the entire agreement between you and Cascade Venture Labs LLC regarding its subject matter. You consent to enter into this Agreement electronically, and you agree that your acceptance — recorded with its version and a timestamp — has the same legal effect as a handwritten signature.
BY CHECKING THE ACCEPTANCE BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, INCLUDING THE SPECIFIC RISKS DESCRIBED ABOVE; THAT YOU HAVE NOT RELIED ON ANY RELEASED PARTY TO IDENTIFY, WARN OF, OR PROTECT YOU FROM ANY RISK, PERSON, OR CONDITION; THAT YOU ARE AT LEAST 18 YEARS OLD; THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE); AND THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE TO YOU THAT CONTRADICT THIS AGREEMENT.