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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
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