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ASSUMPTION OF RISK — READ CAREFULLY

Backcountry recreation on federal lands is inherently dangerous and can result in serious injury or death. By using PeakScout to plan or execute any outdoor activity, you voluntarily assume all inherent risks. PeakScout does not control, manage, or maintain any federal land, trail, or facility.

🏔Covered Federal Land Jurisdictions

The following federal jurisdictions are referenced by PeakScout. Each has distinct regulations, hazard profiles, and emergency procedures. Users must independently consult the managing agency for current conditions, closures, and requirements before any trip.

🌲 USFS
U.S. Forest Service
USDA Forest Service
  • Trail conditions may be unmaintained
  • Wilderness areas: no mechanized equipment
  • Permit requirements vary by forest
  • Remote terrain; SAR response hours away
🏛 NPS
National Park Service
Dept. of Interior
  • Entrance fees and permit quotas apply
  • Bear canister requirements in some zones
  • Restricted camping zones
  • Wildlife proximity rules strictly enforced
🟡 BLM
Bureau of Land Management
Dept. of Interior
  • Dispersed camping permitted (14-day rule)
  • OHV and motorized use varies by area
  • Minimal infrastructure in many areas
  • Flash flood risk in canyon terrain
🪨 Wilderness
Designated Wilderness Areas
Multi-agency
  • No motorized equipment or vehicles
  • No mechanized transport (incl. bikes)
  • Limited or no marked trails
  • Self-rescue expected; SAR may be days away

⚠️Inherent Risks — Assumption of Risk

By accessing PeakScout content related to federal lands, you acknowledge and assume ALL of the following inherent risks:

Trail Conditions
  • Trail conditions change rapidly due to weather, snowmelt, flooding, and seasonal factors. PeakScout displays data from automated sensors and federal agencies — this data may be hours or days old and may not reflect current on-the-ground conditions.
  • Trails may be washed out, blocked by fallen trees, or impassable without notice. The absence of a closure report on PeakScout does not mean a trail is open or safe.
  • Trail difficulty ratings and descriptions are sourced from third-party databases and may be inaccurate, outdated, or inapplicable to current conditions.
Wildlife Hazards
  • Federal lands host bears (black and grizzly where applicable), mountain lions, moose, rattlesnakes, elk, and other wildlife capable of causing serious injury or death.
  • PeakScout does not track, monitor, or report wildlife locations in real time. Wildlife presence cannot be predicted or guaranteed.
  • Users are solely responsible for carrying appropriate bear spray, food storage containers, and knowledge of wildlife encounter protocols.
Weather Hazards
  • Mountain weather changes rapidly and unpredictably. PeakScout weather data is sourced from NOAA, Open-Meteo, and nearby weather stations — it is a forecast, not a guarantee.
  • Afternoon thunderstorms, lightning, whiteout conditions, and rapid temperature drops can occur even when forecasts appear favorable. Above-treeline terrain (above ~11,500 ft in Colorado) is particularly exposed.
  • PeakScout is NOT a substitute for obtaining official weather briefings before trips involving significant elevation or exposure.
Elevation and Altitude Risks
  • High-altitude recreation above 8,000 feet presents risks including acute mountain sickness (AMS), high-altitude pulmonary edema (HAPE), and high-altitude cerebral edema (HACE). These conditions can be fatal.
  • PeakScout does not provide medical advice regarding altitude acclimatization. Consult a physician before engaging in high-altitude activity, especially if you have cardiovascular or respiratory conditions.
  • Elevations displayed on PeakScout are approximate. Do not make medical decisions based solely on PeakScout elevation data.
Avalanche Risk
  • Avalanche danger exists on all mountain terrain with snow cover and an appropriate slope angle (typically 25–55°). PeakScout displays CAIC (Colorado Avalanche Information Center) forecasts, which are zone-level estimates — NOT slope-specific assessments.
  • CAIC ratings displayed on PeakScout do not eliminate avalanche risk. Even a "Low" rating does not mean avalanche-safe. Local conditions vary dramatically from forecasted danger levels.
  • Backcountry travel in avalanche terrain without proper training, equipment (beacon, shovel, probe), and partners constitutes extreme risk. PeakScout's display of avalanche data does not constitute safety guidance or an endorsement of any activity level.

📋Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEAKSCOUT, ITS OPERATORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND DATA PROVIDERS SHALL NOT BE LIABLE FOR ANY:

  • Personal injury, death, or property damage sustained during any outdoor activity planned or informed by PeakScout data
  • Inaccuracy, incompleteness, delay, or unavailability of any data displayed by PeakScout
  • Reliance on trail condition reports, weather forecasts, closures, or any other information displayed on PeakScout
  • Failure of any emergency alert, SOS feature, or contact notification
  • Any consequence of encountering wildlife, extreme weather, or hazardous trail conditions
  • Indirect, incidental, special, punitive, or consequential damages of any kind

This limitation applies regardless of the legal theory under which liability is claimed (tort, contract, strict liability, or otherwise) and even if PeakScout has been advised of the possibility of such damages.

If you do not agree to assume the risks described herein, do not use PeakScout for trip planning on federal lands.

📜Governing Law and Federal Statutes

The following federal statutes and regulations govern activities on the respective land categories. PeakScout does not provide legal advice; this is informational only:

  • Federal Lands Recreation Enhancement Act (FLREA) — authorizes recreation fees on federal lands
  • National Park Service Organic Act (16 U.S.C. § 1 et seq.) — establishes NPS authority
  • National Forest Management Act (16 U.S.C. § 1600 et seq.) — governs USFS lands
  • Federal Land Policy and Management Act (43 U.S.C. § 1701 et seq.) — governs BLM lands
  • Wilderness Act (16 U.S.C. § 1131 et seq.) — governs designated wilderness areas

State recreational use statutes (e.g., Colorado CRS 33-41-101) may also apply and provide additional limitation of liability protections for land managers. Nothing in this disclaimer creates liability for any federal agency or government entity.

✍️ Acknowledgment & Typed Signature Required

To confirm you have read and understood this disclaimer, type your full legal name below as your digital signature. This constitutes a legally binding acknowledgment.

By signing, I acknowledge
  • I understand that backcountry travel on federal lands carries inherent risks including death
  • I understand PeakScout data is informational only and not a substitute for my own judgment
  • I assume all risk for wildlife encounters, weather hazards, trail conditions, and elevation risks
  • I agree that PeakScout is not liable for any injury, loss, or death during backcountry activities
  • I have read and understood the full Federal Land Liability Disclaimer