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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

 

In consideration of the services of WILD GUYde Adventures, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “WGA”), I hereby agree to release, indemnify, and discharge WGA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

 

1.        I acknowledge that outdoor adventure based activities such as rock climbing, caving, hiking, camping, backpacking and

canoeing entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.  I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

 

The risks include, among other things:  Slipping and falling; falling objects; water hazards and accidental drowning; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses, heat exhaustion), sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; and improper lifting or carrying.

 

Furthermore, WGA employees have difficult jobs to perform.  They seek safety, but they are not infallible.  They might be unaware of a participant’s fitness or abilities.  They might misjudge the weather or other environmental conditions.  They may give incomplete warnings or instructions, and the equipment being used might malfunction.

 

2.        I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

 

3.        I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WGA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WGA’s equipment or facilities, including any such claims which allege negligent acts or omissions of WGA.

 

4.        Should WGA or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

 

5.        I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself.  I further certify that I am willing to assume such risk of any medical or physical condition I may have.

 

6.        In the event that I file a lawsuit against WGA, I agree to do so solely in the state of Virginia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

 

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WGA on the basis of any claim from which I have released them herein.  I have had sufficient opportunity to read this entire document.  I have read and understood it, and I agree to be bound by its terms.

 

Signature of Participant                                                                      Print Name                                                           

Address                                                                                                                                                                                                                

Phone                                                                                     Date                                                       

 

 

        PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION              

        (Must be completed for participants under the age of 18)

 

In consideration of                                                                                                               (print minor’s name) “Minor” being permitted by WGA to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless WGA from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use of participation by Minor.

 

Parent/Guardian Signature                                                                 Print Name                                                            Date