Wilderness Recreation Waiver

In exchange for access to and use of the applicable products and services of Eastern Mountain Range, LLC ("Company"), I, the individual accepting this agreement, agree to the following terms.

The Company establishes an innovative platform with subscription-as-a-service products, online services, and other business services for users to experience and explore the wilderness. Users explore a unified platform of wilderness recreation, stewardship, and culture using one map with unique markers for pins and places.

This agreement applies to my voluntary participation in wilderness recreation and stewardship activities associated with the platform. Users plan and prepare a moment using pins for routes and monuments and places for drinks and eats. Users navigate the wilderness using map location and navigation guidance for access, terrain, and movement, and record and report activities to change moments into memories with ratings for each activity within a memory. Covered wilderness activities include recreation activities for land, water, snow, motor, and wildlife, and stewardship activities for conservation and education.

A pin, route, monument, activity, or experience appearing in the platform does not, by itself, mean that the Company owns the property or organizes, guides, or supervises the activity.

I agree to comply with applicable laws, closures, permits, property restrictions, posted rules, warnings, and lawful directions. I am responsible for assessing my abilities, preparation, equipment, conditions, permissions, and supplies before participating. A pin or route shown in the platform does not grant permission to enter property or establish lawful or safe access.

I recognize that wilderness activities may involve uneven terrain, falls, falling objects, water, drowning, wildlife, severe weather, wildfire, exposure, exhaustion, dehydration, equipment failure, vehicles, becoming lost, and the conduct of others. These risks may result in property damage, injury, disability, or death. Rescue and medical assistance may be delayed or unavailable. I accept the inherent risks of my voluntary participation to the extent permitted by law.

Maps, routes, weather, community content, and navigation information may be incomplete or inaccurate. Devices, GPS, batteries, offline data, and connectivity may fail. I am responsible for exercising independent judgment and preparing appropriate backup navigation and emergency arrangements.

To the extent permitted by applicable law, I release and discharge the Company and its officers, directors, employees, and agents acting within the scope of their duties from claims for damage to my property arising from my participation or use of the covered platform services, including such claims arising from ordinary negligence.

This agreement does not release claims for personal injury or death caused by negligence, claims arising from gross negligence or reckless or intentional misconduct, or any rights or liabilities that applicable law does not permit me to waive.

To the extent permitted by applicable law, I agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents against third-party claims, damages, judgments, and reasonable costs, including attorney fees, to the extent caused by my negligent, reckless, or intentional misconduct or violation of law.

This provision does not require me to indemnify any person for that person’s own negligence or misconduct, or to reimburse the Company for bringing a claim that this agreement expressly preserves.

I am responsible for purchases and participation charges I authorize and for property damage caused by my negligent, reckless, or intentional actions, as provided by applicable law. This agreement does not authorize unspecified charges or change subscription cancellation or refund terms.

This agreement is governed by the laws of the Commonwealth of Virginia, subject to applicable federal law and protections that cannot lawfully be waived. Disputes are subject to section (9).

I accept this agreement voluntarily and without duress. I have had a reasonable opportunity to review it and may seek advice from independent legal counsel before accepting it.

I may decline to accept this agreement. Access, cancellation, and refund rights are determined by the applicable Terms And Conditions, purchase terms, and law. This agreement does not represent that the Company has offered a refund.

The Company and I act in separate capacities. This agreement does not create a partnership, employment, or agency relationship. These are standard terms and are not necessarily individually negotiated. This agreement will be interpreted in accordance with applicable law.

If a provision is held invalid, illegal, or unenforceable, the remaining provisions continue to apply to the extent permitted by law. A provision may be limited or modified only as permitted by applicable law. This section does not make an otherwise prohibited release enforceable.

The parties will first attempt in good faith to resolve disputes through negotiation. If negotiation does not resolve a dispute, the parties agree to attempt mediation with a mutually acceptable mediator.

If the dispute remains unresolved, the Arbitration and Class Action Waiver provisions in the Terms And Conditions accepted by the participant apply to the extent they lawfully cover the dispute. This agreement does not expand those provisions or remove rights that cannot lawfully be waived.

Nothing in this section prevents timely filings to preserve a claim or requests for urgent relief as permitted by law. Negotiation or mediation does not automatically extend a filing deadline.

In an emergency, I will contact local emergency services when possible. I am responsible for making emergency arrangements with my companions or activity organizer. Before entering the wilderness, I will share my planned route, expected return time, and emergency instructions with a trusted person. The platform is not an emergency monitoring service and does not automatically notify an emergency contact.

I have read this document and understand it. I understand that, by accepting this release, I voluntarily surrender certain legal rights only to the extent expressly stated and permitted by law.

I accept this agreement for myself only. I do not accept it on behalf of family members, companions, or minors.

This agreement includes an assumption of risks, a limited release of property-damage claims, and responsibility for my own conduct. It does not release claims for personal injury or death caused by negligence. Applicable arbitration provisions in the Terms And Conditions may affect how disputes are resolved.

My acceptance is recorded electronically through my account during legal consent. The Terms And Conditions and Privacy Policy apply to the account information associated with my acceptance.

Questions about this agreement may be sent to Eastern Mountain Range, LLC at legal@emrmg.com.