Filed: 2020 AUG 04 04:07 PM King County Superior Court Clerk E-Filed CASE #: 20-2-12184-3 SEA

1
FILED
2 2020 AUG 04 04:07 PM
KING COUNTY
3 SUPERIOR COURT CLERK
E-FILED
4 CASE #: 20-2-12184-3 SEA
6
IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
7 IN AND FOR THE COUNTY OF KING
8 Case No. ___________________

Garrett MADISON, an individual, and
9 MADISON MOUNTAINEERING LLC, a
Washington Limited Liability Company,
10 COMPLAINT FOR
Plaintiffs, DECLARATORY JUDGMENT
11 v.
Zachary F. BOOKMAN, an individual,
12
Defendant.
13
Plaintiffs Madison Mountaineering LLC and Garrett Madison file this lawsuit in light of
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extraordinary and unjustified legal claims brought by a client who paid to be guided on Mount
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Everest: Defendant Zachary F. Bookman (the CEO of a technology company valued at $290
16
million) seeks $40,000 because Madison Mountaineering refused to recklessly endanger Mr.
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Bookman’s life by guiding him beneath a massive hanging block of ice – bigger than that which
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killed 16 Sherpa in the Spring 2014 Mount Everest climbing season – that could have cut free at
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any moment, killing Mr. Bookman instantly. But what is more upsetting to Plaintiffs is that
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Mr. Bookman insensitively (and falsely) blames Sherpa for his non-ascent: “the expert Sherpas
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and ice fall doctors advertised and promised were clearly lazy and inefficient.”
22
Experienced high-altitude climbers know that because of the dynamic and perilous nature
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of mountaineering, no expedition or summit is ever guaranteed; on commercial guided trips, the
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professional judgment of the lead guide must control when it comes to deciding whether
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conditions are acceptable to continue with an ascent. Mr. Bookman knew all of this, as well –
26
that is why he voluntarily signed a contract with Madison Mountaineering that contains (1) clear
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COMPLAINT FOR DECLARATORY JUDGMENT - 1 BAKER & HOSTETLER LLP
999 Third Avenue, Suite 3600
Seattle, WA 98104-4040
Telephone: (206) 332-1380
1 and prominent no-refund terms, (2) express and bolded provisions that he assumed the risks that
2 weather or other safety issues could cause problems with the expedition, and (3) strong
3 recommendations (which he declined to follow) to procure trip-cancellation insurance.
4 Nevertheless, Mr. Bookman has now vented his disappointment over not being able to climb
5 Mount Everest when he wanted to by filing a baseless lawsuit in California – an attempted
6 shakedown that is inimical to the principles held by the high-altitude climbing community and
7 the Sherpa and guides that support it.
8 Mr. Bookman knows it would be much cheaper for Madison Mountaineering to pay him
9 off rather than take a case to trial. But because of shakedowns like this one, the guide and Sherpa
10 communities are increasingly being placed in the no-win position of ‘take me to the summit or
11 die trying, or I will sue’ – a dynamic that creates horrible incentives for guides and Sherpa to
12 lead climbers into deadly terrain, weather, and circumstances. Madison Mountaineering looks
13 forward to taking this matter to trial so that in the future, guides and Sherpa can be assured that
14 judges and juries will support their professional judgment – especially when threatened with
15 expensive litigation.
16 INTRODUCTION
17 Defendant Zachary F. Bookman signed up to climb Mount Everest with Madison
18 Mountaineering in the Autumn 2019 Mount Everest climbing season. All was normal at
19 basecamp, and the climbers started their ascents timely. But during one of the first days of
20 technical climbing, Sherpa discovered a very large serac (a block of glacial ice) – this one the
21 size and weight of 675 fully loaded eighteen-wheelers – teetering ominously on a high cliff
22 directly above the climbing route. Telephoto and drone images confirmed the giant serac might
23 collapse at any moment, almost certainly killing everyone in its path; expeditions on the
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Telephone: (206) 332-1380
1 mountain stopped climbing immediately.1,2
2 The decision to pause climbing was a no-brainer to Plaintiff Madison Mountaineering’s
3 lead mountain guide, Plaintiff Garrett Madison. In the Spring 2014 Mount Everest climbing
4 season, a similar serac was perched in almost the same place, but no one identified it. On April
5 18, 2014, without warning of any kind, the massive serac released, gained speed, and fell on the
6 climbing route, tragically killing 16 Sherpa; National Geographic deemed it “the worst accident
7 in the history of Everest mountaineering.” Mr. Madison spent the next two days working in the
8 disaster zone, unburying deceased Sherpa and otherwise caring for victims of the serac fall.
9 Having witnessed the power of serac fall firsthand in 2014, Mr. Madison knew too-well the
10 consequences of ignoring the well-documented 2019 hazard.3
11 During the pause in climbing, some expeditions chose to abandon their expeditions and
12 leave for home. But Mr. Madison and Mr. Bookman decided to wait it out and see if the serac
13
1
14 Stefan Nestler, Mount Everest: When the Serac Threatens, ABENTEUER-BERG [ADVENTURE MOUNTAIN]
(October 2, 2019) https://abenteuer-berg.de/en/mount-everest-when-the-serac-threatens/ (last visited, August 1,
15 2020) (“Polish ski mountaineer Andrzej Bargiel, who photographed the shaky ice tower, estimates the icy monster
to be 50 meters high and 30 meters wide. If we take these values as a basis and assume a depth of 20 meters based
16 on the proportions in Bargiel’s photo, the volume would be about 30,000 cubic meters. Ice weighs around 900
kilograms per cubic meter, giving us a total weight of about 27,000 tons – equivalent to 675 fully loaded 40-ton
17 trucks. No wonder that some fall climbing teams have already broken down their tents at Everest Base Camp
because of the threatening giant serac. “Walking underneath through the Icefall is extremely dangerous.
18 Unfortunately I will and can not [sic] accept this kind of risk. The serac can break and fall anytime and this stops us
from pushing forward,” Andrzej Bargiel explained on Facebook his reasons for the departure from the base camp.
19 “Unfortunately sometimes there is something like that, you have to estimate the risk and if it’s too high you have to
say ‘stop’.”)
20 2
Mountain Hardwear and Tim Emmett’s Smart Decisions on Everest, GRIPPED, THE CLIMBING MAGAZINE
21 (October 8, 2019) https://gripped.com/profiles/mountain-hardwear-and-tim-emmetts-smart-decisions-on-everest/
(last visited, August 1, 2019) (“The fixed-line route traversed under a number of massive glaciers with threatening
22 seracs. The Sherpas reached camp one, but on their return noticed a nearly 100-metre tall dangling serac above their
route. The Polish team used their drone to fly above to take images, which revealed that the serac appeared to be
23 closer to falling off. The last time a serac collapsed was on April 14, 2014; it killed 16 Sherpas. The new dangerous
serac was bigger and higher on the mountain. The experts in base camp anticipate it would do far more damage.”)
24 3
Mark Jenkins, Historic Tragedy on Everest, With 13 Sherpas Dead in Avalanche, NATIONAL GEOGRAPHIC
25 (April 19, 2014), https://www.nationalgeographic.com/news/2014/4/140418-everest-avalanche-sherpa-killed-
mountain/ (last visited, August 1, 2020)(“The worst accident in the history of Everest mountaineering occurred
26 Friday morning at approximately 6:30 (Nepal time) on the south side of the world's highest peak. Thirteen Sherpas
are reported dead, with at least three missing and several injured. The Sherpas were killed in the notorious Khumbu
27 Icefall by an avalanche that fell from the hanging glaciers along the West Shoulder.”)

Telephone: (206) 332-1380
1 might fall uneventfully during the hiatus, which would allow the expedition to resume safely.4
2 Unfortunately, the serac did not fall during the wait, and only at the bitter end of the climbing
3 season did Plaintiffs pack up and go home.
4 In the final tally for the Autumn 2019 Mount Everest season, only two known non-
5 Sherpa risked going under the massif serac all season: none other than Kilian Jornet – holder of
6 the fastest known ascent times on many of the world’s largest mountains, and generally
7 considered the “the most dominating endurance athlete of his generation” – and his climbing
8 partner.5 And even then, Mr. Jornet and his partner literally ran under the serac to avoid
9 spending a second more beneath it than was required.6
10 On January 21, 2020, Madison Mountaineering received a letter from Mr. Bookman’s
11 attorney seeking money. According to Mr. Bookman, the guides, Sherpa, and others at basecamp
12 did not know what they were doing: instead, “the climb should [have] happened”. In
13 Mr. Bookman’s estimation, the real reason he was not guided higher on Mount Everest was
14 because “the expert Sherpas and ice fall doctors advertised and promised were clearly lazy and
15 inefficient” and because another team member was out of shape. None of this was true.
16 Mr. Bookman demanded $50,000 and, because he did not get it, filed a civil action in a
17 California state court against Garrett Madison on March 27, 2020 (the “California Lawsuit”),
18 even though Mr. Bookman agreed in a provision of his registration paperwork with Madison
19
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20 Kraig Becker, Himalaya Fall 2019: Season Nears End as Teams Leave Everest and Dhaulagiri, THE ADVENTURE
BLOG (October 14, 2019), https://adventureblog.net/2019/10/himalaya-fall-2019-season-nears-end-as-teams-leave-
21 everest-and-dhaulagiri.html (last visited August 1, 2020) (“Last week, the final two teams gave up and went home,
in part due to the serac but also because of ongoing difficult weather. The Madison Mountaineering squad was down
22 to just Garrett Madison himself and one client at that point, but the two men had waited patiently with the hopes that
they could get a crack at the summit. Unfortunately that didn’t happen, and with the serac still locked in place they
23 decided to pull the plug on the expedition.”)
5
24 Christopher Solomon, Becoming the All-Terrain Human, THE NEW YORK TIMES (March 20, 2013),
https://www.nytimes.com/2013/03/24/magazine/creating-the-all-terrain-human.html (last visited, August 1, 2020).
25 6
Angela Benavides, Fall Himalayan Wrap-up, EXPLORERSWEB ( https://explorersweb.com/2019/10/14/fall-
26 himalayan-wrap-up/ (last visited, August 1, 2020) (“One climber took the chance (at least twice) and literally ran
under the serac on his way to the upper slopes of Everest [ ].”)(emphasis added).
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Telephone: (206) 332-1380
1 Mountaineering to submit to jurisdiction in Washington State. Mr. Bookman strategically
2 omitted naming Madison Mountaineering in the California Lawsuit – instead, he elected only to
3 name Mr. Madison in his individual capacity. The California Lawsuit seeks either $100,000 as
4 well as “punitive and compensatory damages” and makes allegations similar to those Mr.
5 Bookman made in his January 21 correspondence.
6 Plaintiffs therefore seek a declaratory judgment from this Court. Mr. Bookman is not
7 entitled to a refund (or the other extraordinary relief Mr. Bookman demands in the California
8 Lawsuit, including attorney fees without a contractual, statutory, or common law basis for such)
9 for the Autumn 2019 Mount Everest expedition. The controlling legal agreement between
10 Madison Mountaineering and Mr. Bookman contains: (1) clear and prominent no-refund terms,
11 (2) express and bolded provisions that Mr. Bookman assumed the risk that weather or other
12 safety issues could cause problems with the expedition, and (3) strong recommendations (which
13 he declined to follow) that Mr. Bookman should have procured trip-cancellation insurance, as is
14 common and readily available.
15 JURISDICTION AND VENUE
16 1. This action arises upon Mr. Bookman’s claim of an alleged breach of the parties’
17 September 4, 2019 Registration & Medical Information Form and Assumption of Risk & Release
18 of Liability Agreement (the “Agreement” attached hereto as Exhibit A); Mr. Bookman’s
19 January 21, 2020 demand letter (the “Demand Letter” attached hereto as Exhibit B) threatening
20 to imminently file a lawsuit against Madison and/or Madison Mountaineering as early as
21 February 4, 2020; and the improperly-filed California Lawsuit against Mr. Madison in his
22 personal capacity (complaint attached hereto as Exhibit C).
23 2. Pursuant to the plain terms of the parties’ Agreement, “This agreement will be
24 interpreted, construed, and governed by and under Washington State law, and I [Mr. Bookman]
25 agree to unconditionally submit to the jurisdiction of the Superior Court of Washington State in
26 King County in all matters relating to or arising from this agreement.”
27
Telephone: (206) 332-1380
1 3. Accordingly, because Mr. Bookman threatens state-law causes of actions
2 governed by the laws of Washington pursuant to the parties’ choice-of-law clause featured in the
3 Agreement and because Mr. Bookman has contractually agreed to unconditionally submit to the
4 jurisdiction of this Court pursuant to same, this Court is properly vested with jurisdiction and
5 venue.
6 PARTIES
7 4. Mr. Madison is a Washington resident, mountain guide, and Madison
8 Mountaineering’s founder. At all times herein relevant, Mr. Madison was acting in his capacity
9 as a representative of Madison Mountaineering.
10 5. Madison Mountaineering is a Washington Limited Liability Corporation
11 principally operating locally from Seattle, providing boutique mountain guiding services
12 specializing in organizing and leading climbing expeditions to some of the world’s most famous
13 and formidable mountains, including Nepal’s Mount Everest, Antarctica’s Vinson, Pakistan’s
14 K2, and others.
15 6. Upon information and belief, Mr. Bookman is an individual residing in California
16 and is the CEO of a Silicon Valley tech company. In 2019, Mr. Bookman chose to become a
17 client of Madison Mountaineering and embark on Madison Mountaineering’s Autumn 2019
18 Mount Everest Expedition, after having discussed mountaineering with Madison Mountaineering
19 for months.
20 FACTS
21 Mr. Bookman had dealt with Madison Mountaineering and was aware of its terms.
22 7. Since 2014, Mr. Madison and Madison Mountaineering have led mountaineering
23 expeditions on all seven continents, including three of the highest mountains in the world. As a
24 part of the guided climbs, Mr. Madison and Madison Mountaineering provide the education and
25 training for climbers who aspire to become self-sufficient, aware and respectful of the local
26 culture, stewards of the environment, and for whom safety is the number one priority in all
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Telephone: (206) 332-1380
1 climbing endeavors.
2 8. Mr. Bookman was aware of Madison Mountaineering and its international
3 mountaineering expeditions (including terms thereto related) since at least as early as 2018.
4 9. In 2018, Mr. Bookman contacted Madison Mountaineering and inquired with
5 Madison Mountaineering regarding joining a commercial expedition to Mount Vinson in
6 Antarctica, following up multiple times.
7 10. In connection with same, Mr. Bookman represented to Madison Mountaineering
8 that Mr. Bookman had substantial climbing experience, but not with Eurasian mountaineering,
9 let alone Mount Everest.
10 11. Madison Mountaineering provided Mr. Bookman paperwork for the Vinson
11 expedition, but Mr. Bookman did not fill it out.
12 12. Instead, Mr. Bookman requested additional information, stating in a
13 September 3, 2018 email: “I can’t blindly sign up”.
14 13. After months of talking with Madison Mountaineering about Madison
15 Mountaineering’s Vinson expedition, upon information and belief, Mr. Bookman ended up
16 signing up with a competing mountaineering company for a similar expedition instead of with
17 Madison Mountaineering.
18 Mr. Bookman contacted Madison Mountaineering about a Mount Everest expedition.
19 14. As of May 18, 2019, Madison Mountaineering’s website advertised a planned
20 Autumn 2019 Mount Everest expedition stating: “Nepal Cancellation/Refund Policy • Madison
21 Mountaineering, LLC highly recommends trip cancellation insurance for all expeditions. Due to
22 the nature and heavy costs of government and operator permits, Madison Mountaineering must
23 adhere to a stringent refund policy . . . • There are no refunds for the deposit or balance for this
24 expedition”. (Emphasis in original.)
25 15. On July 13, 2019, Mr. Bookman emailed Madison: “I’d like to talk about Mount
26 Everest this fall . . . .”
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Telephone: (206) 332-1380
1 16. Madison Mountaineering provided Mr. Bookman logistical information for the
2 Autumn 2019 Mount Everest expedition and originally sent agreement forms to Mr. Bookman on
3 August 12, 2019, including the agreement to join the expedition, with disclosures including the
4 no-refunds policy, assumptions of risk and liability waivers, and other relevant paperwork.
5 17. According to digital time stamps recorded by Madison Mountaineering,
6 Mr. Bookman viewed the aforementioned paperwork at 7:44 AM PST on August 14, 2019 but
7 did not sign the papers on the spot.
8 Mr. Bookman carefully considered and signed the Agreement.
9 18. Madison Mountaineering did not want to rush Mr. Bookman and suggested via
10 email to Mr. Bookman on August 21, 2019: “If this autumn is too rushed, we can certainly plan
11 for next spring on Mount Everest.”
12 19. Nevertheless, on August 30, 2019, Mr. Bookman booked his flight to Kathmandu,
13 Nepal to participate in Madison Mountaineering’s Autumn 2019 Mount Everest expedition.
14 20. Madison Mountaineering re-sent the paperwork and proposed agreement (the
15 unsigned version of the parties’ now-disputed Agreement) for Madison Mountaineering’s
16 Autumn 2019 Mount Everest expedition on August 31, 2019.
17 21. The email resending the paperwork expressly warned “Madison Mountaineering,
18 LLC highly recommends trip cancellation insurance for all expeditions. • Due to the nature and
19 heavy costs of government and operator permits, Madison Mountaineering must adhere to a
20 stringent refund policy”.
21 22. The Agreement specifically states, “You are required to pay a $69,500.00 USD
22 nonrefundable, nontransferable full payment to reserve your space on the trip.” (Emphasis
23 supplied.)
24 23. The Agreement also warned Mr. Bookman about cancellation and insurance:
25 “Important Notice: INSURANCE - . . . We [Madison Mountaineering] also highly recommend
26 purchasing trip interruption/cancellation insurance to protect your investment.” (Emphasis in
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Telephone: (206) 332-1380
1 original.)
2 24. The Agreement also shows Mr. Bookman expressly assumed the risks of climbing
3 Mount Everest: “Express Assumption of Risks . . . I [Mr. Bookman] am aware of the inherent
4 risks and dangers involved, including but not limited to: 1) . . . weather . . . 3) Forces of nature,
5 including inclement weather . . . .” (Emphasis in original.)
6 25. On September 2, 2019, a Madison Mountaineering employee emailed Mr.
7 Bookman: “[…] . . we highly recommend that you also obtain trip cancellation/interruption
8 insurance to protect your travel investment [providing various options for same through different
9 insurance companies].” (Emphasis in original.)
10 26. On September 4, 2019, Mr. Bookman finally signed the Agreement (a form of
11 which he had in his possession since at least August 12, 2019).
12 27. On September 5, 2019, a Madison Mountaineering employee again wrote Mr.
13 Bookman’s assistant: “Regarding the insurance, the strongly recommended comprehensive travel
14 insurance (which includes trip cancellation/interruption) can be somewhere around 8% of the
15 total trip cost. The cancel-for-any-reason option is additional. You can get a real-time quote from
16 [name of insurer.]”
17 28. Despite repeated warnings and strong recommendations, on information and
18 belief, on September 6, 2019, Mr. Bookman chose to procure only evacuation and medical
19 expense coverage insurance, not the highly recommended “cancel-for-any-reason” insurance.
20 The Autumn 2019 Mount Everest expedition faced unsafe conditions.
21 29. Mr. Madison arrived in the town from which the expedition would embark on
22 September 8, 2019. Mr. Bookman arrived the next day.
23 30. The annual monsoon around Mount Everest came late and was very heavy;
24 significant amounts of snowfall continued to accumulate daily throughout the time Madison
25 Mountaineering’s expedition was on Mount Everest.
26 31. In addition to inclement weather making overall conditions challenging, Sherpa
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Telephone: (206) 332-1380
1 discovered a large serac precariously hanging above the climbing route.
2 32. After studying the serac by drone footage, telephoto lens, and discussions with
3 others in basecamp, Madison Mountaineering’s expedition determined that when this serac fell it
4 would obliterate a large portion of the Khumbu Icefall route. A wide area of the route was in
5 danger with no way to avoid this section.
6 33. Mr. Madison continued to wait patiently in base camp for the serac to fall, thereby
7 making the route safe and reasonable to climb. However, that day never came. Although the
8 serac looked more precarious each day, it never collapsed while Madison Mountaineering’s
9 expedition waited.
10 34. Eventually, all of the teams decided that they were running out of time and had to
11 call off their expedition plans.
12 35. No one summitted Mount Everest in the Autumn 2019 Mount Everest climbing
13 season because of the serac and substantial early snow.
14 Mr. Bookman returned to the United States and demanded a refund.
15 36. Mr. Bookman safely returned to the United States around September 30, 2019,
16 although Mr. Bookman’s plan was that if the serac fell prior to the end of the climbing season,
17 Mr. Bookman would quickly return to Mount Everest’s basecamp and resume the expedition
18 with Mr. Madison.
19 37. Mr. Madison and the rest of Madison Mountaineering’s expedition waited until
20 the bitter end of the season before returning for home on or about October 6, 2019.
21 38. Mr. Bookman left gear at basecamp in order to catch an earlier flight home. As an
22 act of kindness and at significant expense, Mr. Madison personally transported Mr. Bookman’s
23 expedition duffel bags from Mount Everest basecamp to Mr. Bookman’s home in San Francisco.
24 39. On October 16, 2019, Mr. Bookman emailed Mr. Madison about a “refund ask”
25 and alleged an oral understanding of some form of indeterminate refund.
26 40. On October 23, 2019, Mr. Bookman emailed Mr. Madison and alleged that (while
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Telephone: (206) 332-1380
1 in Nepal): “You [Mr. Madison] said you’d offer a refund in the range I [Mr. Bookman] asked -
2 2/3rds to 3/4th of [$]69,500 - and that you’d talk with [a Madison Mountaineering employee]
3 that night and get back to me the next day. There was no follow up. We talked last week in
4 person on Wed the 16th [of October] and it was the same conversation . . . .”
5 41. On October 24, 2019, Mr. Madison disputed via email that the “2/3rd to 3/4th
6 refund” conversation occurred differently; “I do recall our conversation but I don’t recall
7 offering a refund [ ]”.
8 42. Madison Mountaineering has never before paid a refund request (the no-refund
9 policy being so clear and explicit).
10 43. On November 11, 2019, Mr. Madison reminded Mr. Bookman via email of
11 Madison Mountaineering’s no-refunds policy.
12 EXISTENCE OF AN ACTUAL CONTROVERSY
13 44. On January 21, 2020, via email, counsel for Mr. Bookman attorney sent the
14 Demand Letter alleging an oral agreement between Mr. Madison and Mr. Bookman for a partial
15 refund, which allegedly took place both in Nepal (at the basecamp’s dining tent) and California
16 (in Mr. Bookman’s San Francisco residence while Mr. Madison was dropping off Mr.
17 Bookman’s gear). The Demand Letter also alleges Mr. Madison lost Mr. Bookman’s goggles and
18 “sleeping mat”.
19 45. Based on the Agreement, Plaintiffs contend that Mr. Bookman has no rightful
20 claim to any refund, but Mr. Bookman disputes this pursuant to the Demand Letter.
21 COUNT ONE: DECLARATORY JUDGMENT RELIEF
22 46. Plaintiffs re-allege and incorporate by reference the preceding paragraphs.
23 47. As a result of the acts described above, there exists a controversy of sufficient
24 immediacy and reality to warrant the issuance of at least one declaratory judgment.
25 48. Pursuant to applicable legal authority and the parties’ Agreement, the claims Mr.
26 Bookman alleges in Demand Letter (and California Lawsuit) are meritless.
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Telephone: (206) 332-1380
1 49. A judicial declaration is necessary and appropriate so that Mr. Madison and
2 Madison Mountaineering may proceed without uncertainty as to their potential contractual
3 liability.
4 50. Chapter 7.24 RCW, Washington’s Uniform Declaratory Judgment Act, empowers
5 the Court to construe contracts with declaratory judgments.
6 51. Pursuant to RCW 7.24.010, this Court has the “power to declare rights, status and
7 other legal relations whether or not further relief is or could be claimed.”
8 52. Pursuant to RCW 7.24.030, this Court may and should construct the relevant
9 contractual relationship to clarify that Madison Mountaineering and Mr. Madison have not
10 incurred the liabilities that Mr. Bookman alleges in his Demand Letter (and the California
11 Lawsuit).
12 53. Pursuant to RCW 7.24.020, this Court may and should construe the parties’ rights
13 based on the Agreement.
14 54. Madison Mountaineering and Mr. Madison are entitled to a declaratory judgment
15 that Mr. Bookman has no right to a refund in connection with the Agreement or any of the other
16 remedies that Mr. Bookman argues for in his Demand Letter (and the California Lawsuit).
17 REQUEST FOR RELIEF
18 WHEREFORE, Madison Mountaineering and Mr. Madison request judgment against Mr.
19 Bookman as follows:
20 i. Ordering a speedy hearing of this Declaratory Judgment complaint pursuant to
21 Superior Court Civil Rule 57;
22 ii. Adjudging that Mr. Bookman assumed weather, safety and other risks associated
23 with Madison Mountaineering’s Autumn 2019 Mount Everest expedition;
24 iii. Adjudging that Mr. Bookman has no right to a refund in connection with the
25 Agreement or any of the other remedies that Mr. Bookman argues for in his Demand Letter;
26
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1 iv. Adjudging that Madison Mountaineering and Mr. Madison are the “prevailing
2 parties” and “successful parties” within the meaning of Washington law and authorities;
3 v. Ordering Mr. Bookman shall pay all fees, expenses and costs related to this
4 Action as justice may require; and
5 vi. Awarding such other and further relief as this Court deems just and proper and/or
6 to which Plaintiffs may be entitled.
8
Dated August 4, 2020. BAKER & HOSTETLER LLP
9
10 s/Douglas A. Grady. Esq.

Douglas A. Grady, WSBA No. 36,100
11 Partner, Seattle office of the Firm
dgrady@bakerlaw.com
12 Teresa C. Chow (pro hac vice forthcoming)
Partner, Los Angeles office of the Firm
13 tchow@bakerlaw.com
14 Joseph Chairez (pro hac vice forthcoming)
Partner, Costa Mesa office of the Firm
15 jchairez@bakerlaw.com
James A. Barnao, WSBA No. 56,221
16 Associate, Seattle office of the Firm
jbarnao@bakerlaw.com
17
999 Third Avenue
18 Suite 3600
19 Tel: 206.332.1380
Fax: 206.624.7317
20
Attorneys for Plaintiffs Garrett Madison and
21
Madison Mountaineering LLC
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23
24
25
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Telephone: (206) 332-1380
EXHIBIT A
DocuSign Envelope ID: 8E6EB3F6-9DCF-4841-A658-543923CA402F
Registration & Medical Information Form
7511 Greenwood Ave. North #101

Seattle, WA 98103 Trip Name: Mt. Everest expedition
Trip Date: 2019.09.05
Participant Information
Instructions: Please be sure to complete all sections and sign this form on the bottom of the last page.
To secure your position on the team, this completed and signed form must be accompanied by your deposit.
1 Personal First Name (Please Print) MI Last Name

Information
Zachary F Bookman
Email
Telephone Date of Birth (MM/DD/YYYY) Gender

X M F
Mailing Address (Street)
City State ZIP Code Country
CA USA
Height Weight T-shirt Size
How did you hear about Madison Mountaineering?

Web search News Article Referral Saw the Jeep!
Social Media X Family/Friend Magazine Article other
2 Social Media
Information
(optional)
3 Emergency First Name MI Last Name

Contact
Information
Email
Telephone Relationship
RM.2019.001a Ed. 02/2019 Page 1 of 4

4 Medical
Information Please list any injuries and/or medical conditions that you believe may affect your participation:
Please list any allergies you have and any medication you carry for it:
Please list any medications you currently take:
Please list any dietary restrictions:
Please describe your outdoor experience:

Extensive - resume to follow
Important Notice
INSURANCE – You are required to have health insurance and evacuation insurance to participate on our trips due to the
nature of the activities and environments involved and the possibility of injury or illness. By signing this form, you
acknowledge and agree that you have both forms of insurance and you, and not Madison Mountaineering, are solely
responsible for any medical or evacuation expenses or costs incurred in the event of injury or illness as a result of your trip
participation. We also highly recommend purchasing trip interruption/cancellation insurance to protect your investment.
COMMERCIAL INFORMATION – By signing below, you are providing your consent to the taking of photographic and video
images and voice recordings of you while participating in the trip by Madison Mountaineering and its agents for their
commercial and promotional use.
CONFIDENTIALITY AGREEMENT – At all times during my trip with Madison Mountaineering and for a period of 3 years
after trip end for any reason, I will hold in strictest confidence and will not use or disclose to any third party any Confidential
Information of Madison Mountaineering. "Confidential Information" means non-public information Madison Mountaineering
designates in writing or orally as being confidential, or which ought to be treated as confidential. Confidential Information
includes information relating to (a) trade secrets, inventions, ideas, processes, programs, other works of authorship, know-
how, improvements, discoveries, developments, designs, and techniques; (b) information regarding products, services, plans
for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and
customers; (c) information regarding the skills and compensation of Madison Mountaineering's employees, contractors, and
any other service providers of Madison Mountaineering; (d) the existence of any business discussions, negotiations, or
agreements between Madison Mountaineering and any third party; and (e) third party information received by Madison
Mountaineering where Madison Mountaineering has a duty to maintain the confidentiality of such information and to use only
for limited purposes. I will consult with Madison Mountaineering if I have questions regard what comprises Confidential
Information.
RM.2019.001a Ed. 02/2019 Page 2 of 4

Deposit & Payment Information

1) You are required to pay a $69,500.00
_______________
USD nonrefundable, nontransferable full payment to
Madison Mountaineering to reserve your space on the trip. Subject to availability, your
reservation date is the date of Madison Mountaineering's receipt of the full payment.
We prefer payments via bank transfers, but if you wish to pay by credit card, please let us
know and we will be happy to send an invoice to accept your credit card payment. Please note
that payment by credit card is subject to a 3.5% processing fee.
If you are unable to complete the registration online, you have the option to download, print,
complete and mail the documents along with a check for the full payment to:
Madison Mountaineering
7511 Greenwood Ave. N. #101
Seattle, WA 98103
USA
2) Trip cancellations must be given to Madison Mountaineering in writing via email or U.S. mail
with confirmation of receipt by Madison Mountaineering. No verbal cancellations will be
accepted. Payments cannot be transferred to another Madison Mountaineering program or
participant without Madison Mountaineering’s prior written consent. Upon Madison
Mountaineering's receipt of written cancellation, you are liable for the following cancellation
charges:
Cancellation Notice Date Cancellation Fee
Before 365 days prior to departure Loss of nonrefundable, nontransferable deposit
120 days or less prior to departure Loss of 100% of trip cost
Failure to show up Loss of 100% of total trip cost
RM.2019.001a Ed. 02/2019 Page 3 of 4

If you have any questions about this Registration & Medical Information Form, please contact us so
that we may adequately answer them.
By signing below, I agree to the following:
1) Madison Mountaineering reserves the right to cancel any trip at any time for any reason. If that
occurs, you will be notified. We reserve the right to decline to accept any applicant at our
discretion.
2) I will follow the safety direction of the trip leader and exercise reasonable care in all activities
in which I participate. I understand that Madison Mountaineering reserves the right to require
me to withdraw at any time during the trip without refund and at my expense if my
participation impedes the welfare, safety, or enjoyment of myself, other participants, or
Madison Mountaineering. This determination is made at the sole discretion of the trip leader.
3) I acknowledge that I have voluntarily, fully, carefully, and truthfully completed this
Registration & Medical Information Form. I acknowledge that I was given the opportunity to
ask questions regarding the content of this form and therefore understand all the questions,
requests, and conditions. I acknowledge that the information on this form is for the safety of
myself, other trip participants, and Madison Mountaineering, and any and all incomplete or
false information may hold me liable for damages arising from such incomplete or false
information and further releases Madison Mountaineering from any liability associated with
such falsity or omission.
4) Medical Proxy. In the event of an emergency where you are unable to make decisions
regarding your health care and safety, effective at trip commencement and ending at trip's
end, you agree to allow Madison Mountaineering and its agents to treat you and to make
further health care and evacuation decisions for you if necessary.
5) This agreement will be interpreted, construed, and governed by and under Washington State
law, and I agree to unconditionally submit to the jurisdiction of the Superior Court of
Washington State in King County in all matters relating to or arising from this agreement.
Signature
X 2019-09-04 | 22:35:48 PDT

Date (MM/DD/YYYY)
For participants under the age of 18, a parent/guardian signature is required:

Parent/Guardian First Name MI Parent/Guardian Last Name
Parent/Guardian Signature
X
Date (MM/DD/YYYY)
RM.2019.001a Ed. 02/2019 Page 4 of 4

Assumption of Risk & Release of Liability Agreement

Seattle, WA 98103 Trip Name: Mt. Everest expedition
Ph. +1-206-494-5799
Trip Date: 2019.09.05
Instructions: This is a legally binding document. Please read and complete this agreement carefully and
completely, sign, and send to Madison Mountaineering LLC.
1 Personal First Name (Please Print) MI Last Name

Information
Zachary F Bookman
Email
Telephone Date of Birth (MM/DD/YYYY) Gender
M F
CA USA
Express Assumption of Risks

I voluntarily and knowingly agree to participate in this trip provided by Madison Mountaineering LLC. I
acknowledge that remote environments are hazardous and unpredictable and while my trip leaders strive for
safety, they are not infallible. I am aware of the inherent risks and dangers involved, including but not limited
to:
1) Motor vehicle, road, and weather condition hazards during transport to, from, and during the trip,
including transport in remote areas;
2) Accommodation hazards, including enclosed buildings and tent shelters;
3) Forces of nature, including inclement weather and temperatures, hazardous animals and plants, steep and
treacherous terrain, and other natural occurrences;
4) Injuries and/or illnesses, physical and/or mental, permanent disability, and death, caused by any
foreseeable and/or unforeseeable factors;
5) Difficult or nonexistent means of communication;
6) Difficult or nonexistent evacuation, rescue, and/or medical treatment;
7) Unsafe or shortage of food and/or water;
8) Affects of consuming alcoholic beverages and/or medications (prescription, over the counter, herbal,
recreational);
9) Others in my group acting dangerously or in a manner putting me at risk;
10) Equipment loss and/or failure; and
11) Acts or omissions of Madison Mountaineering LLC and its agents.
I acknowledge that the above list is only a fraction of possibilities of what may occur during the trip, and that a
full list would be impossible to ascertain. I have reviewed the above and considered my own capabilities and
limitations, this trip, its remote location, the risks, the physical and mental demands, and concluded that I am
physically and emotionally fit and able to participate. In spite of the inherent risks, I agree to be responsible for
my own welfare and accept any and all risks.
LW.2018.003 Ed. 09/2018 Page 1 of 2

If you have any questions about this Assumption of Risk & Release of Liability Agreement, please
contact us so that we may adequately answer them.
By signing below, I agree to the following:
1) I have received full disclosure and voluntarily and knowingly consent to assume any and all
risks and to release Madison Mountaineering LLC from any and all liability; and
2) I have carefully read and fully understand the contents and legal ramifications of this
agreement. I understand this is a legally binding and enforceable contract and sign it of my
own free will.
Signature
X 2019-09-04 | 22:35:48 PDT

Date (MM/DD/YYYY)
For participants under the age of 18, a parent/guardian signature is required:

Parent/Guardian First Name MI Parent/Guardian Last Name
Parent/Guardian Signature
X
Date (MM/DD/YYYY)
LW.2018.003 Ed. 09/2018 Page 2 of 2

Government of Nepal
Ministry of Tourism and Civil Aviation
Tourism Industry Division
Bhrikutimandap, Kathmandu
Nepal
Photo
Bio-Data of Team Leader / Member
S.No.
Expedition Team Name Madison Mountaineering
Capacity in Team member/climber
Family Name Bookman
Given Name Zachary
Date of Birth
Age
Birth Place
Passport No.
Nationality USA
Occupation Entrepreneur
Home Address
Present Address
Telephone No
E-mail Address
Fax No.
Place
City
Country
Previous Visit in Nepal If yes How many times
Duration of previous Visit in Nepal

Mountaineering Background See Resume
Date: 2019-09-04 | 22:35:48 PDT

Signature
EXHIBIT B
:ROCK EIER LAW ROUP, A. C
2082 MICHELSON DR., SUITE 100 1 IRVINE, CA 92612 1 (310)425-3431 1 Fax:(310)626-4758
Via U.S. Mail, email and Facsimile
January 21, 2020
Madison Mountaineering
Garrett Madison
Legal Department
Seattle, WA 98103
Fax: 206-494-5799
Email: info@madisonmountaineering.com
[CONFIDENTIAL -FOR SETTLEMENT PURPOSES ONLY]
Re: Our Client: Zachary Bookman ("Bookman")

Contract: Written: Bookman/Mountaineering Contract; Oral
between Bookman and Garrett Madison
Case: Bookman v. Madison et al.
Dear Mr. Madison and Madison Mountaineering:
This office represents Zachary Bookman ("Bookman") regarding the termination

of the Madison Mountaineering Mt. Everest Expedition Agreement(the "Agreement"), and the
breach of oral agreement at Bookman's resident ("Oral Agreement") executed by Bookman
and Madison Mountaineering ("MM")and Garrett Madison ("Garrett")(collectively,
"Defendants, You, Your or Yours") in relation to the Mt Everest trip in Autumn, 2019 that was
unilaterally cancelled by You while still in base camp. There is no question that my client has
fully performed under the Agreements and has paid all prior invoices. However, you have
failed to perform under the Agreements in that the Agreement was unilaterally terminated by
You while still at Everest Base Camp without legitimate reason and based on a false premise,
and the Oral Agreement was breach by You and Garrett in that the agreed upon refund was
never provided.
The matter is straightforward, and as a business decision the decision to retain

funds not earned after unilaterally deciding to cancel the actual climb when, and presumably
because, the two original participants decided not to make the climb is a perilous decision at
best.
This office has drafted a complaint, which has not yet been filed, putting forth
the current causes of action, including breach of written contract, breach of oral contract, and
fraudulent inducement. As you are aware, under the Agreement, any action brought by either
I
party to interpret the terms of the Agreement and Your breach thereof shall entitle the
prevailing party to reasonable attorney fees.'
FACTUAL HISTORY
The facts are brief and the timeframe short. Sometime in or around February
2019, Garrett approached Bookman, an experienced climber, and sought to have him
participate in the spring 2019 trip. Bookman was unable to do so, but was then later
approached again personally and via email, in which Garrett expressed the special nature of
the Autumn 2019 trip, the fact that the climbers involved were to be the best that he could go
with, and that this trip was the last real time Bookman could do this trip for some time
thereafter. Garrett represented that this trip was with a `hard core group of dudes" and was a
special and nearly unique opportunity to climb Mt. Everest in the fall and as part of a
sponsored expedition by the Mountain Hardware apparel company.
While in Seattle, Garrett confirmed with Bookman the "all-in" costs were
$69,500. Thereafter You sought to increase the price to $70,400 for a "helicopter charge"
that You stated was not included. Bookman was told that Your Sherpas' and the ice fall
doctors, who were also under your charge, would set up the route so that the team could go
up on the mountain within days of walking to base camp, and that the plans were laid out for
a quick execution. None of these representations were true.
After that time, the pace of actions sped up. Bookman left for Everest in the
beginning of September 2019, and paid by transfer the $69,500 on September 7, 2019. The
Agreement was signed on September 4, 2019 — a 3 day turn-around between receiving the
Agreement and paying. The trip was to start on or about September 9, 2019, and the plan
was to acclimate for a couple days at base camp, and then head up the route that had
already been laid out by Your Sherpas and ice fall doctors before the group had arrived at
base camp.
Upon arriving at Base Camp, other climbers with other parties immediately
confronted You, and informed You and the rest of the MM party that the Sherpas and ice fall
doctors that You had stated were so professional and who would rope the route before the
M M party even arrived, had done nothing for the prior week and refused to do anything. The
Sherpas and ice fall doctors began working again a day after your arrival.
One of the participants in the MM group, namely the President of Mountain Hardware
— your employer, began moving very slowly at Base Camp, and it became clear that he was
going to be unable to make the climb. The next day, he abruptly announced that Mountain
Hardware was cancelling its expedition. He and his companion, a climber of some note
working for him, stated they both would not be making the trip. Your attitude toward the climb
changed at this point.
U p until this happened, You had indicated that all lights were green and that the
climb would take place. After these climbers dropped out(the ones that were the impetus for
the entire trip in the first place it is understood), You began to assert a condition-related
'It should be noted that the Agreement contains a choice of law clause, however the fraudulent inducement and the oral
contract do not. Accordingly, suit will be filed in California based upon the clearjurisdiction of those matters.
2
reason to try and cancel the trip before even attempting to leave Base Camp. Notably, other
climbers were climbing at this time, but You stated that due to the potential for ice fall, You
were cancelling the trip without even beginning it. This all occurred within a week of
Bookman paying $69,500.00 to You (in addition to the costs he paid for himself for gear,
etc.). Essentially, You were paid $69,500.00 for a helicopter ride and a walk to Base Camp.
Bookman was highly concerned, as was another individual climber, and

expressed that he believed the climb should happen, or at the very least start. Bookman
noted that nearly all of the items listed by Garrett in luring him to pay for this Autumn trip
turned out to be untrue within a week of actually committing. Bookman approached Garrett
and made his positions known, at which point Garrett said he was sorry and that he would
provide a refund in the range of Bookman's request, namely 2/3rds to 3/4ths of the trip fee, at
a $45,000 to $50,000. Garrett offered to bring Bookman's duffel bags back to the states and
that he would work something out when back in the States. In addition, Garrett also said that
he would bring Bookman his gear back to San Francisco, and ensure it got there. Relying on
these promises and representations, Bookman agreed and returned to the States.
Garrett then partially performed by bringing much of the luggage and gear to
Bookman at his home in San Francisco; however it was missing approximately $500 in gear
which Garrett to date has refused to address despite repeated written requests. While there,
in Bookman's living room while sitting together on Bookman's sofa, Garrett again agreed to
provide him with the $50,000 refund for the trip that was cancelled less than a week of
transfer. Thereafter, Garrett refused to respond much, and then stopped communicating at
all.
Bookman followed up in email with Garrett confirming all of this history and to
date Garrett has not refuted in person or in writing any of it. From one of these emails:
"I spoke to you in earnest in the dining tent at Base Camp on

September 26. You said you'd offer a refund in the range I asked -
2/3rds to 3/4th of 69,500 - and that you'd talk with Kurt that night
and get back to me the next day. There was no follow up. We
talked last week in person on Wed the 16th and it was the same
conversation, including you confirming that you'd get a refund as I
had asked and that you'd get back to me the next day. I also had
written an email explaining my view of the situation and the reasons
and fairness surrounding this and did not hear back."
Not hearing back, Bookman again wrote You to attempt resolution of these
issues without the need for attorneys or a lawsuit, in which Bookman provided details of two
actions by Garrett that are fraudulent:
"It adds insult to injury that he hasn't haven't deigned to respond

about my goggles and sleeping mat, which were probably close to
$500 in cost and apparently lost while in your possession. And it
reminds me of how your base camp manager, Bola, tried to charge
me $1200 for the helicopter flight out after the Polish cameraman
told me that his insurance was paying in full for the helicopter and
that he was offering me a lift for free in his helicopter."
On October 16, 2019 Garrett confirmed meeting with Bookman at his home in
San Francisco. This was the meeting wherein Garrett provided some of the gear that he told
Bookman he would ensure got back to him, but not all of it. From leaving for the States on or
about September 27, 2019 to this point in time, Bookman had been constantly requesting the
agreed-upon refund, and You had been stating both verbally and in writing that You would do
something. While at Bookman's home, Garrett again agreed to the $50,000 refund. Since
that time, Bookman has reminded You of this agreement in writing several times, and You
have not refuted that Oral Agreement. Instead, You have kept Bookman at arm's length, and
subsequently told him that Your unilateral and unfounded decision to terminate the climb
before it even started — despite the fact that other climbers had commenced and other
climbers and climbing teams were furious at the inaction of your Sherpa and ice fall team
preceding MM's arrival —was reason enough to keep the entirety of his payment based upon
the unconscionable clause in the September 4, 2019 contract that did not allow for refund,
ever. Even under the current circumstances, wherein You have paid nothing more than the
costs of a helicopter ride to basecamp for Bookman, as the trip was calendared and going to
happen when he paid less than a week before it commenced at your urging. This is not legal
under either Washington or California law, and represents a liquidated damages clause. The
law does not allow You to keep $69,500 for a climber that paid you less than 7 days before
the trip, as the trip at that point had been planned and was happening. Further, your Oral
agreement is enforceable, and was made after the written contract in California, in exchange
for Bookman not pursuing additional refund.
The chronology of these facts and the execution of the Agreement bear witness
to the unconscionable nature of the terms of the Agreement. Indeed, had Bookman been
delayed due to a flight issue and never even gotten on the helicopter, You would be out
nothing in terms of costs or outlay.
Bookman's request was reasonable on its face, and Your Oral Agreement was
and is binding as an exchange in the face of the lost gear, the lost time, and the lost business
that will ensue once this proposed complaint is filed. Clearly, Garrett agreed as he agreed to
the Oral Agreement prior to his and Your breaching the same.
LEGAL ANALYSIS
The Agreement is so unconscionable that it is clear on its face under both

Washington and California State law. Meaning, that under the terms of this Agreement, You
would be able to keep tens of thousands from Bookman, despite the fact there is no
reasonable argument that You did not have anywhere near those costs due to his being
present. This is a liquidated damages clause, which requires being labeled as such. This is
clear from the timeline and the fact that the trip was going to happen regardless of if he
agreed or not, as well as the fact that the expert Sherpas and ice fall doctors you advertised
and promised were clearly lazy and inefficient and coupled with the two long-planned
climbers, one of which was your employer, deciding not to ascend were the true reason You
4
decided to simply convert Bookman's money to pure profit. These terms meet that legal
standard quite easily, in both states, which have very similar statutory schemes.2
Further, Bookman can rescind the Agreement based upon the doctrine of
mistake, as it was clear from the negotiations that took place that Bookman believed that he
was getting what was advertised, including Sherpa and ice fall doctor support, high altitude
guiding, oxygen, and a once in a lifetime Autumn trip to Everest that could not be replaced,
with expert climbers in his group. A party to a contract may rescind the contract if his consent
was given by mistake or fraud exercised by or with the connivance of the party as to whom
he rescinds. Cal. Civ. Code § 1689; Merced County Mut. Fire Ins. Co. v. State of California
(1991)233 Cal. App. 3d 765, 771. In California, mistake can be either one of law or fact.'
Again, Washington State has similar law.
I n short, whether we are looking at California or Washington law, an issue yet to

be determined as to which states law is applicable, the Agreement will be and can be sued
upon, and based upon the simple facts of this trip, the chronology and the farcical reason You
decided to cancel it without even trying, Bookman will prevail on the Agreement.
Further compounding Your issues is the fact that, subsequent to the Agreement
You and/or Garrett made an Oral Agreement to refund $50,000 of the $69,500 — quite a
generous concession by Bookman considering he will then have spent $20,000 to travel for
several days and sleep in a tent at Base Camp. This Oral Agreement was made in San
Francisco, and is enforceable in California by California Courts. Indeed, oral contracts are
just as valid as written contracts. CACI 304, Civil Code section 1622. Garrett agreed to a
refund, and Bookman has confirmed this agreement — both in writing multiple times to You
and to his significant other moments after Garrett made the Oral Agreement at his home
(which will allow that statement in to any subsequent trial as several exceptions to the
hearsay rule).
' RCW64.34.08OContracts Unconscionability.(I) The court, upon finding as a matter of law that a contract or contract
clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of
the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an
unconscionable result. (2) Whenever it is claimed, or appears to the court, that a contract. or any contract clause is or may
be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable
opportunity to present evidence as to:(a)The commercial setting of the negotiations;(b) Whether a party has knowingly
taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental
infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;(c) The effect and purpose
of the contract or clause; and (d) If a sale, any gross disparity at the time of contracting between the amount charged for the
real property and the value of the real property measured by the price at which similar real property was readily obtainable
in similar transactions, but a disparity between the contract price and the value of the real property measured by the price at
which similar real property was readily obtainable in similar transactions does not., of itself, render the contract
unconscionable
California Civil Code Section 1670.5:(a) If the court as a matter of law finds the contract or any clause of the contract to
have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the
remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (b) When it is claimed or appears to the court that the contract or any clause
thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its
corm-nercial setting, purpose, and effect to aid the court in making the determination.
'California Civil Code Section 1576.
5
Finally, Your misrepresentations about the trip, the participants, the special
nature of the time of the trip, the status and actions of Your Sherpas and ice fall doctors, and
essentially all aspects of the trip but for the stay at Base Camp, proved to be false. While
You may have arguments that some of these false statements were not known or should
have not been known to you at the time You made them, the fact remains that You knew or
should have known that Your Sherpas and ice fall doctors were not prepared or not
interested in performing as You represented, and that You were going to cancel the trip
based on trumped up condition reasons when in fact You simply did not want to do the trip
after your employer and colleague— the two people that were the reason You set up the trip in
the first place — were not going to ascend
DEMAND
Based upon the analysis above and the laws of the both the State of California
and Washington, we hereby demand that You immediately refund $50,000 of Bookman's
payment, or we will be filing suit. Please note that we will seek both non-economic damages
and punitive damages for your misrepresentation. Finally, please note that based upon the
publicity that You put out for this trip involving Bookman, we anticipate that these matters will
be of great interest to the public in general and the climbing community specifically.
It is our hope that You will live up to the Oral Agreement, as well as the clear
fairness of this demand; HOWEVER, RESPONSE IS REQUIRED NO LATER THAN TWO
WEEKS FROM TODAY'S DATE, by February 4, 2020 to avoid the need of filing an action in
this matter. Should you need more time, please request it within that time frame to avoid the
filing of actions in this matter.
If you have any questions, please feel free to call me. Thank you for your
courtesy and cooperation.
Very truly yours,

BROCKMEIER LAW GROUP
J0- A. BROCKMEIER
6
EXHIBIT C

Filed: 2020 AUG 04 04:07 PM King County Superior Court Clerk E-Filed CASE #: 20-2-12184-3 SEA

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8 Case No. ___________________

3 recommendations (which he declined to follow) to procure trip-cancellation insurance.

5 Mount Everest when he wanted to by filing a baseless lawsuit in California – an attempted

7 the Sherpa and guides that support it.

17 Defendant Zachary F. Bookman signed up to climb Mount Everest with Madison

2 The decision to pause climbing was a no-brainer to Plaintiff Madison Mountaineering’s

10 consequences of ignoring the well-documented 2019 hazard.3

COMPLAINT FOR DECLARATORY JUDGMENT - 3 BAKER & HOSTETLER LLP

3 season did Plaintiffs pack up and go home.

9 spending a second more beneath it than was required.6

5 Bookman made in his January 21 correspondence.

14 common and readily available.

15 JURISDICTION AND VENUE

20 to imminently file a lawsuit against Madison and/or Madison Mountaineering as early as

22 personal capacity (complaint attached hereto as Exhibit C).

26 King County in all matters relating to or arising from this agreement.”

7 4. Mr. Madison is a Washington resident, mountain guide, and Madison

9 as a representative of Madison Mountaineering.

10 5. Madison Mountaineering is a Washington Limited Liability Corporation

14 K2, and others.

15 6. Upon information and belief, Mr. Bookman is an individual residing in California

17 client of Madison Mountaineering and embark on Madison Mountaineering’s Autumn 2019

2 8. Mr. Bookman was aware of Madison Mountaineering and its international

4 9. In 2018, Mr. Bookman contacted Madison Mountaineering and inquired with

5 Madison Mountaineering regarding joining a commercial expedition to Mount Vinson in

6 Antarctica, following up multiple times.

7 10. In connection with same, Mr. Bookman represented to Madison Mountaineering

9 let alone Mount Everest.

11 expedition, but Mr. Bookman did not fill it out.

12 12. Instead, Mr. Bookman requested additional information, stating in a

13 September 3, 2018 email: “I can’t blindly sign up”.

14 13. After months of talking with Madison Mountaineering about Madison

18 Mr. Bookman contacted Madison Mountaineering about a Mount Everest expedition.

19 14. As of May 18, 2019, Madison Mountaineering’s website advertised a planned

24 expedition”. (Emphasis in original.)

26 Everest this fall . . . .”

5 17. According to digital time stamps recorded by Madison Mountaineering,

7 did not sign the papers on the spot.

8 Mr. Bookman carefully considered and signed the Agreement.

11 for next spring on Mount Everest.”

13 Nepal to participate in Madison Mountaineering’s Autumn 2019 Mount Everest expedition.

15 unsigned version of the parties’ now-disputed Agreement) for Madison Mountaineering’s

16 Autumn 2019 Mount Everest expedition on August 31, 2019.

20 stringent refund policy”.

25 “Important Notice: INSURANCE - . . . We [Madison Mountaineering] also highly recommend

26 purchasing trip interruption/cancellation insurance to protect your investment.” (Emphasis in

5 including inclement weather . . . .” (Emphasis in original.)

6 25. On September 2, 2019, a Madison Mountaineering employee emailed Mr.

9 insurance companies].” (Emphasis in original.)

11 which he had in his possession since at least August 12, 2019).

12 27. On September 5, 2019, a Madison Mountaineering employee again wrote Mr.

14 insurance (which includes trip cancellation/interruption) can be somewhere around 8% of the

17 28. Despite repeated warnings and strong recommendations, on information and

19 expense coverage insurance, not the highly recommended “cancel-for-any-reason” insurance.

20 The Autumn 2019 Mount Everest expedition faced unsafe conditions.

22 September 8, 2019. Mr. Bookman arrived the next day.

25 Mountaineering’s expedition was on Mount Everest.

26 31. In addition to inclement weather making overall conditions challenging, Sherpa

5 danger with no way to avoid this section.

11 call off their expedition plans.

13 season because of the serac and substantial early snow.