Tour Policy | Kootenai Excursions

After booking, you will receive a confirmation email with a link to your Participation Agreement & Liability Waiver. All guests participating in the tour are required to complete this form. We encourage everyone to complete it in advance — simply share the link with each member of your group so they can complete their own waiver and agreement. If needed, guests are also welcome to print and bring completed forms to check-in. The Participation Agreement & Liability Waiver must be completed by a parent or legal guardian for any guest under 18 years of age.

PARTICIPATION AGREEMENT

Guest Requirements

All guests must obtain a Montana Conservation License prior to arrival. Licenses are available at https://fwp.mt.gov/buyandapply/conservation-license, or in person at an FWP office or any license provider.
All guests must be at least 12 years old and weigh at least 90 lbs.
All guests will be provided with a properly sized, USCG‑approved life jacket. Our PFDs fit chest sizes up to 52 inches, and guests must be able to wear one securely.
Guests with back, neck, or joint issues, those recovering from recent injuries or surgeries, those with mobility difficulties, and those who are pregnant should consider consulting their healthcare provider before booking.
All guests must be able to safely board, disembark, and fit within the available seating. Boarding requires stepping through the front entry opening (20" W x 30" L) — the only entry/exit point. No dock is available; guests board from shore. The boat is not wheelchair accessible.
All guests are expected to stay on board during the tour. Fishing or swimming are not permitted.

Rescheduling, Cancellations & Refunds

Safety is our top priority. Tours may be adjusted, rescheduled, or canceled if river or weather conditions require it.
If we are unable to operate your tour, you will be offered the option to reschedule or receive a full refund.
Tours may be rescheduled up to 72 hours in advance, subject to availability.
There are no refunds, partial refunds, or tour credits for cancellations or guest-related issues, including failure to obtain a Montana Conservation License, incomplete waivers, late or non-arrival, or guests who appear impaired, disruptive, or unwilling to follow safety measures.

Personal Items & Photography

We are not responsible for loss or damage to personal items. Storage is limited — please avoid bringing large backpacks or purses.
Bottled water is provided and coolers are available on board. Resealable non-glass beverages are welcome. Personal coolers and food are not permitted.
Animals are not permitted on board.
Personal photography is welcome. Drones are not permitted.

LIABILITY WAIVER

MANDATORY STATUTORY WARNING (MCA 27‑1‑753)

⚠️ WARNING: Under Montana law, a participant in a recreational activity assumes the inherent risks of that activity and is legally responsible for any injury, death, or damage to property that results from those inherent risks. By signing this agreement, you may be waiving your right to maintain a lawsuit against the provider for injuries resulting from the inherent risks of the recreational activity or from the provider’s ordinary negligence.

1. STATED INHERENT RISKS OF JETBOAT TOURS

By signing this document, I acknowledge that participating in a jetboat tour on the Kootenai River involves inherent and unavoidable risks characteristic of this recreational opportunity. These known inherent risks include, but are not limited to:

Water Hazards: Cold water shock, hypothermia, sudden immersion, drowning, strong river currents, shifting flows, submerged logs, boulder fields, and hidden underwater debris.
Vessel Dynamics: Sudden vessel movement, high‑speed maneuvers, wake impacts, heavy jolts, slipping on wet decks, and tripping over onboard gear.
Environmental Elements: Rapidly changing weather, high winds, heavy rain, lightning strikes, extreme sun exposure, and reduced river visibility.
Remote Logistics: Limited, delayed access to immediate emergency medical care and evacuation due to remote wilderness river locations.
Wildlife Encounters: Unpredictable interactions with local aquatic or terrestrial wildlife.

2. ASSUMPTION OF RISK AND RELEASE OF ORDINARY NEGLIGENCE

I voluntarily consent to participate in this activity despite the risks listed above. I agree to assume full legal and financial responsibility for all injuries, damages, or death resulting from these inherent risks.

I further release, waive, and forever discharge Kootenai Excursions LLC, its owners, operators, captains, and guides from any and all liability for property damage, personal injury, or wrongful death caused directly by the provider’s ordinary negligence or failure to exercise reasonable care in the operation, routing, or execution of the tour.

This release does not apply to gross negligence or willful misconduct where such waiver is prohibited by law.

3. COVENANT NOT TO SUE

I agree that I will not file, initiate, or maintain any lawsuit, civil action, or legal proceeding against Kootenai Excursions LLC for any damages or injuries waived or released under this contract.

4. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless Kootenai Excursions LLC, its owners, officers, captains, and employees from and against any and all claims, demands, lawsuits, losses, liabilities, damages, and expenses (including actual court costs and reasonable attorney’s fees):

arising out of my own negligent actions, omissions, or misconduct while on board or participating in the tour; and
brought by third parties, co‑participants, or family members arising out of my participation in this activity.

This duty to defend triggers immediately upon the filing of any claim or lawsuit against the provider stemming from my conduct or the conduct of the minor participant for whom I am responsible.

5. HEALTH, MEDICAL FITNESS, AND EMERGENCY AUTHORIZATION

I certify that I am (and/or the minor participant is) in good physical and mental health and free from any medical conditions that could interfere with safe boat operations.

In an emergency, I authorize the vessel crew to administer first aid or CPR and to secure emergency medical transit by ground, water, or air. I accept sole financial responsibility for all medical costs, ambulance fees, air evacuation, or other emergency expenses incurred.

6. CAPTAIN’S AUTHORITY

I acknowledge that the Captain of the vessel has full and absolute authority over all safety decisions, including but not limited to:

refusing boarding
modifying or shortening the tour
changing the route
removing any participant who fails to follow safety instructions or behaves in an unsafe manner

I understand that such decisions are made solely for safety and do not entitle me to a refund.

7. CHOICE OF LAW & VENUE

This agreement is governed by the General Maritime Law of the United States, supplemented by the laws of the State of Montana.

Any legal action arising from this agreement shall be brought exclusively in a court of competent jurisdiction in Lincoln County, Montana.

8. SEVERABILITY

If any provision of this contract is found to be invalid or unenforceable, that section shall be severed, and all remaining portions shall continue in full legal force and effect.

9. PHOTO, VIDEO, AND MEDIA RELEASE

I hereby grant Kootenai Excursions LLC the absolute, irrevocable, and unrestricted right to take, use, publish, and display photographs, video recordings, or digital audio captures of me (and/or my minor child) taken during the tour.

Usage: Images and footage may be used for social media, website design, brochures, advertisements, or any other commercial marketing purposes.
Compensation: I waive any right to inspect or approve the finished materials and waive any right to financial compensation or royalties now or in the future.