At A Glance
Outdoor activities carry inherent risks. By booking, you accept them knowingly and voluntarily.
You waive negligence claims against LWO, the Host, and the venue, to the extent the law allows.
Intentional misconduct, gross negligence, and rights that can't be waived by law are excluded.
A parent or guardian accepts these terms on the minor's behalf, where state law permits.
Warning — Important Legal Document
By booking an Event through the Look Who's Outdoors™ Platform, you are agreeing to this Waiver, which includes a release of liability, an assumption of risk, and an indemnification obligation. This document affects your legal rights. Read it carefully before proceeding.
This Waiver will not excuse intentional misconduct, gross negligence, or any liability that cannot lawfully be waived under the law of the state where the Event takes place. If you are booking on behalf of a minor, you are signing on behalf of that minor as their parent or legal guardian.
Full Waiver
Click any section below to read the full details.
Parties
This Event Activity Liability Waiver ('Waiver') is agreed to by the individual completing the booking process on the Look Who's Outdoors Platform ('Participant' or 'you'), and is made in favour of:
- Look Who's Outdoors LLC, a Texas limited liability company (EIN: 83-1356603) with registered offices at 110 N. Akard Street #1036, Dallas, TX 75201 ('LWO');
- The Host who has organized and listed the Event for which the Participant is booking a Ticket ('Host');
- The owner(s) and operator(s) of any venue, property, land, or facility at which the Event takes place ('Venue Owner');
- The employees, officers, members, managers, directors, agents, contractors, volunteers, and successors and assigns of each of the foregoing (collectively with LWO, the Host, and the Venue Owner, the 'Released Parties').
This Waiver is presented to the Participant at the time of each Event booking and must be accepted before a Ticket is issued. By completing the booking process, the Participant acknowledges acceptance of this Waiver in its entirety.
Nature Of The Activities
The Participant acknowledges that the Event for which they are booking involves outdoor recreational activities, which may include one or more of the following:
- Hiking & Trekking — Day hikes, night hiking, trail running, guided nature walks, backcountry hiking
- Camping — Overnight camping, primitive camping, wilderness camping, stargazing events
- Water Activities — Kayaking, canoeing, paddleboarding, stand-up paddling, river activities, lake events
- Cycling — Mountain biking, trail cycling, gravel cycling, road rides
- Climbing — Rock climbing, bouldering, rappelling, sport climbing, guided climbs
- Fitness & Wellness — Outdoor yoga, fitness bootcamps, obstacle courses, nature retreats
- Adventure Activities — Any activity involving elevation, remote locations, physical exertion, or wilderness environments
- Other — Any other outdoor activity listed by a Host on the Platform
The Participant understands that outdoor activities involve inherent and unforeseen risks, dangers, and hazards that cannot be fully eliminated regardless of the level of care taken by any party. These risks may include, but are not limited to:
- Physical injury, including minor injuries, serious injuries, permanent disability, paralysis, and death;
- Environmental hazards including adverse weather, uneven or unstable terrain, falling objects, flooding, lightning, extreme heat or cold, and wildlife encounters;
- Drowning, near-drowning, and cold water shock associated with water-based activities;
- Falls from height, whether from natural features, rock faces, trees, or any elevated position;
- Equipment failure or malfunction, regardless of the age or condition of the equipment;
- Allergic reactions, including anaphylaxis, from plant, insect, animal, or environmental exposure;
- Medical emergencies occurring in remote locations where emergency response times may be prolonged;
- Negligence of other participants or third parties;
- The Participant's own physical condition, pre-existing medical conditions, or undisclosed health issues;
- Risks that are unknown, unforeseen, or not currently anticipated.
Assumption Of Risk
The Participant expressly and voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, inherent and otherwise, associated with participation in the Event and the activities described herein, including without limitation the risk of personal injury, death, and property damage. This assumption of risk is made knowingly and with full understanding of the nature of the risks involved.
The Participant acknowledges that their decision to participate in the Event is made freely and voluntarily, and that they have had the opportunity to seek independent advice before accepting this Waiver.
Release Of Liability
In consideration of being permitted to participate in the Event and to use the Look Who's Outdoors Platform, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant, on behalf of themselves and their heirs, executors, administrators, legal representatives, successors, and assigns (collectively, 'Releasors'), hereby irrevocably and unconditionally releases, waives, and discharges the Released Parties from any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses of any kind or nature whatsoever ('Claims'), arising out of or in connection with:
- The Participant's participation in the Event or any activity forming part of the Event;
- Any injury, illness, death, or property damage suffered by the Participant before, during, or after the Event;
- The negligence, acts, or omissions of any Released Party;
- Any equipment used during the Event, whether provided by LWO, the Host, a Venue Owner, or a third party;
- Any failure of any Released Party to take precautions against, or adequately warn of, any risk or hazard;
- Any condition of the venue, property, or environment in which the Event takes place;
- Any act or omission of any other participant in the Event.
This release applies to claims arising from the negligence of the Released Parties, to the fullest extent permitted by the law of the state in which the Event takes place.
Excluded Claims. Notwithstanding any other provision of this Waiver, this Release does NOT waive, release, or discharge any Released Party from liability for: (a) intentional misconduct or willful injury; (b) gross negligence, recklessness, or wanton conduct; (c) violations of statute that may not be waived by private agreement (including, where applicable, the California Civil Code § 1668, the Florida Statutes § 768.0701, and analogous state statutes); (d) liability for any product placed in the stream of commerce by a Released Party (subject to applicable product-liability law); (e) liability arising under any consumer-protection statute that prohibits release of statutory rights; or (f) any other liability that cannot lawfully be waived under the law of the state in which the Event takes place. The Participant acknowledges that the inclusion of this Excluded Claims paragraph is a material part of the consideration for this Waiver and that the Released Parties would not have permitted participation without it.
State-Specific Limitations. The Participant acknowledges that the law of certain states materially limits or prohibits the enforcement of pre-injury exculpatory agreements. By way of non-exhaustive example: (a) Virginia, Louisiana, and Montana law generally do not enforce pre-injury releases for personal injury arising from negligence; (b) New York General Obligations Law § 5-326 invalidates pre-injury releases for places of recreation, gymnasium, or instruction for compensation; (c) various states (including New York, Massachusetts, Connecticut, Colorado, Florida, Hawaii, Pennsylvania, and Tennessee) have appellate decisions limiting a parent's authority to waive a minor's prospective tort claims; and (d) all states require pre-injury releases to be conspicuous, clear, and unambiguous. To the extent any provision of this Waiver is unenforceable under the law of the state in which the Event takes place, that provision shall be modified to the minimum extent necessary to render it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
The Participant acknowledges that they have read and understand this Release and that they are knowingly surrendering substantial legal rights, including the right to sue for negligence.
Indemnification
The Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all Claims brought by any third party arising out of or relating to:
- The Participant's participation in the Event;
- The Participant's violation of any rule, instruction, or requirement of the Host or Venue Owner;
- Any damage caused by the Participant to any property or third party during the Event;
- The Participant's breach of this Waiver or any representation contained herein.
Medical Fitness And Health Representations
By accepting this Waiver, the Participant represents and warrants that:
- The Participant is physically fit and in good health and has no medical condition, physical limitation, or known health risk that would make participation in the Event unsafe or inadvisable;
- The Participant has consulted with a qualified medical professional, or has had the opportunity to do so, if they have any doubt about their fitness to participate;
- The Participant will, prior to commencement of the Event, disclose to the Host any relevant medical conditions, allergies, physical limitations, or special needs that may affect their participation or require special attention during the Event. Any medical information that the Participant discloses to the Host or to LWO will be treated as 'sensitive personal information' under California Civil Code § 1798.140(ae) and analogous state laws, will be processed only for the purpose of ensuring the Participant's safety during the Event, will not be shared with third parties except as necessary in a medical emergency, and will be retained only for the duration of the Event and any related dispute-resolution period.
- The Participant is not under the influence of alcohol, controlled substances, or any medication that impairs physical or cognitive function.
LWO strongly recommends that Participants obtain appropriate travel, medical, and personal accident insurance prior to attending any outdoor Event, particularly Events involving high-risk activities.
Accessibility and Reasonable Accommodation. Participants requiring reasonable accommodation under the Americans with Disabilities Act, the California Unruh Civil Rights Act, or analogous federal, state, or local antidiscrimination law should contact the Host directly in advance of the Event so that the Host can determine, in good faith, whether reasonable accommodation can be made consistent with the inherent nature of the activity. Where the inherent nature of an activity (for example, technical climbing, backcountry trekking, or specific water-based activities) makes accommodation infeasible, the Host will inform the Participant before the Event and offer a refund pursuant to the Refund Policy.
Emergency Medical Treatment
In the event of an emergency, the Participant authorizes any Host, LWO representative, or emergency responder to arrange for such medical treatment, transportation, and emergency procedures as are reasonably necessary for the Participant's safety and welfare. The Participant agrees to bear all costs of any such emergency treatment, transportation, and related expenses. The Participant authorizes the disclosure of emergency-contact and medical information provided by the Participant to first responders, treating medical professionals, and the Participant's designated emergency contact, to the extent reasonably necessary to obtain emergency medical care. This authorization is given in compliance with applicable medical-information privacy laws.
Participation By Minors
Where the Participant is a parent or legal guardian booking on behalf of a minor:
- The parent or legal guardian executes this Waiver on the minor's behalf and accepts all obligations herein on behalf of both the minor and themselves, jointly and severally;
- The parent or legal guardian represents that they have the legal authority to execute this Waiver on the minor's behalf;
- The parent or legal guardian acknowledges that, in certain states (including New York, Florida, Massachusetts, Connecticut, Iowa, Pennsylvania, Tennessee, New Jersey, and others), appellate decisions limit a parent's ability to waive a minor's prospective tort claims; in those states the minor's own rights to bring claims for personal injury upon reaching the age of majority may not be waivable, and only the parent's own derivative claims (e.g., for medical expenses) are waived to the extent permitted by law;
- The minor shall be accompanied by the parent or legal guardian at all times during the Event, unless the Event description specifically permits otherwise and the parent or legal guardian has expressly agreed in writing;
- The parent or legal guardian accepts full personal liability for any injury, loss, or damage arising from the minor's participation, to the fullest extent permitted by Applicable Law;
- The parent or legal guardian consents to the collection and limited use of personal information regarding the minor (including emergency contact details and any disclosed medical conditions) by the Host and LWO solely for the purpose of the Event and the safety of the minor, and acknowledges that LWO will treat such information as 'sensitive personal information' under applicable state privacy laws;
- The parent or legal guardian acknowledges that LWO does not knowingly collect personal information from children under thirteen (13) without verifiable parental consent in compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and 16 C.F.R. Part 312.
Hosts retain the right to refuse participation to any minor whose parent or legal guardian does not execute this Waiver or who does not comply with the Event's minimum age requirements.
Photographic And Media Release
The Participant grants to LWO and the Host a non-exclusive, royalty-free license, exercisable in the United States, to photograph, film, or otherwise record the Participant's image, voice, and likeness during the Event and to use such recordings, in whole or in part, for the purposes of marketing, promoting, and publicising the Event, the Host's activities, and the LWO Platform. This license: (a) extends to all media now known or hereafter devised, including the LWO website, the LWO mobile application, social media (Meta, X, Instagram, TikTok, YouTube), and print materials; (b) terminates as to new uses upon the Participant's written withdrawal of consent under paragraph (d) below, although LWO and the Host may continue to use materials lawfully reproduced or distributed prior to receipt of the withdrawal; (c) does not authorize the use of the Participant's image in any advertisement that explicitly or implicitly endorses a third-party product or service without the Participant's separate written consent (Cal. Civ. Code § 3344, N.Y. Civ. Rights Law §§ 50–51, Tex. Prop. Code § 26.001); and (d) may be withdrawn at any time by written notice to [email protected].
Opt-Out at the Event. If the Participant does not consent to being photographed or filmed, the Participant must notify the Host in writing prior to the commencement of the Event. This opt-out applies to deliberate photography and filming of the Participant and does not preclude incidental inclusion in group or venue photographs.
Biometric Data. LWO does not use facial recognition or other biometric identification on photographs or video taken at Events for marketing purposes. To the extent the Host uses any technology that could fall within the scope of the Illinois Biometric Information Privacy Act (740 ILCS 14/), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), or the Washington biometric privacy statute (Wash. Rev. Code § 19.375), the Host is solely responsible for obtaining the separate written consent required by those statutes.
Minors. No image or video of a minor will be used in any LWO marketing material without the prior written consent of the minor's parent or legal guardian, in addition to any consent provided in Section 8 of this Waiver.
Rules And Instructions
The Participant agrees to comply with all rules, safety instructions, and directions issued by the Host, the Host's personnel, venue staff, and any relevant authority during the Event. Failure to comply with reasonable safety instructions may result in removal from the Event without refund. Removal from an Event for safety reasons does not constitute discrimination under any antidiscrimination statute provided that the removal is based on objective safety considerations applied consistently.
Severability
If any provision of this Waiver is held to be invalid, illegal, or unenforceable under the law of the jurisdiction in which the Event takes place, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
Acknowledgement
By completing the booking process on the Look Who's Outdoors Platform, the Participant acknowledges that:
- They have read this Waiver in its entirety and understand its terms;
- They have had the opportunity to seek independent legal advice before accepting this Waiver;
- They are entering into this Waiver freely, voluntarily, and without duress;
- They understand that by accepting this Waiver, they are giving up substantial legal rights, including the right to sue for negligence;
- This Waiver is legally binding on them and their heirs, executors, administrators, and assigns;
- Where booking on behalf of a minor, they are legally authorized to accept this Waiver on the minor's behalf and accept personal liability for the minor's participation.
Governing Law
This Waiver shall be governed by and construed in accordance with the law of the state in which the Event takes place, without regard to that state's conflict-of-laws principles. The parties acknowledge that this choice of law is intended to promote the enforceability of this Waiver under the law of the state with the most significant relationship to the activity giving rise to any claim. Where the law of the state in which the Event takes place would render this Waiver wholly unenforceable, the law of the State of Texas shall apply to the maximum extent permitted by Applicable Law. Notwithstanding the foregoing, mandatory consumer-protection statutes of the Participant's state of residence apply to the extent they confer rights that cannot be waived by contract. Any disputes arising under this Waiver that cannot be resolved informally shall be subject to binding arbitration in accordance with the arbitration provisions of the LWO Terms and Conditions, subject to all carve-outs (including for public injunctive relief) set forth therein.
Contact
If you have any questions about this Waiver, you can reach Look Who's Outdoors LLC at the contacts below.
- Entity: Look Who's Outdoors LLC
- Registered Address: 110 N. Akard Street #1036, Dallas, TX 75201, United States
- Legal Queries: [email protected]
- Safety Reports: [email protected]
- Support: [email protected]
Have Questions?
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Questions about this Waiver or your rights.
Report incidents, injuries, or emergencies.
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