Release from Liability, Indemnification Agreement and Covenant Not to Sue
In consideration of my participation in the 209 20's Adventure and Social Group.
This is a legal and binding agreement which will permanently limit your ability to recover from the parties indicated below for injuries or losses you may sustain as a result of 209 20's Adventure and Social Group participation.
References to 209 20's Adventure and Social Group include its organizers, assistant organizers, agents and anyone participating in the 209 20's Adventure and Social Group activities described below.
I freely choose to participate in the activities of the 209 20's Adventure and Social Group (henceforth referred to as the Club). I understand that these activities may involve travel by private conveyances.
Participating in any activity is an acceptance of some risk of injury. I agree that my safety is primarily dependent upon my taking proper care of myself. I understand that it is my responsibility to know what personal equipment is required (including but not limited to footwear, clothing, and other personal equipment) and provide the proper personal equipment for my participation in the club, and to ensure that it is in good and suitable condition. I agree to ask questions to make sure that I know how to safely participate in the activity, and I agree to observe the rules and practices that may be employed to minimize the risk of injury while pursuing the benefits of the activity. I agree to advise the club/event organizer or his/her designee immediately if I do not believe I can safely continue in the activity. I agree to reduce the risk of injury to myself and/or others by limiting my participation to reflect my personal fitness level, wearing the proper protection as dictated by the activity, not wearing anything that would pose a hazard in the pursuit of the activity, not ingesting or using any substance during the activity which could pose a hazard to myself or others. I agree that if I fail to act in accordance with this agreement I may not be permitted to continue to participate in the activity.
Despite precautions, accidents and injuries can and will occur. I understand that backpacking and travel and other activities the Club may undertake may be potentially dangerous and that I may be injured and/or lose or damage personal property or suffer financial loss as a result of participation in the Club.Therefore I ASSUME ALL RISKS RELATED TO THE ACTIVITIES including but not limited to:
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Death, Drowning, injury or illness from accidents of any nature whatsoever, including but not limited to bodily injury, head, facial, oral or eye injury or trauma, mental injury, joint trauma, broken bones, other muscular-skeletal injury, or illness, of any nature whether severe or not, temporary or permanent which may occur as a result of participating in an activity or contact with physical surroundings, equipment or other persons or arising from travel. I understand that injuries such as fractures, joint sprains and dislocations, muscle strains and contusions are commonplace in backpacking and strenuous physical activities. In any trips involving water, including but not limited to kayaking, rafting or canoeing, hazards may also include without limitation, drowning, temporary or permanent bodily injury including brain damage from immersion in water and hypothermia.
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Complications or worsening of injuries or illness, including resultant death that may result from isolation on a “wilderness trip”, and resultant delays and difficulties in getting to a medical care facility.
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Loss or injury as a result of a crime or criminal act by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest or other act of any government or authority.
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Theft or loss of personal property during the activity or any activity related travel.
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Loss or death or injury as a result of any natural disaster or event or extreme weather conditions or events.
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Alteration including delay, extension or cancellation of the activity due to natural disaster, civil unrest, war, terrorist attack, medical quarantine or any other disturbances or causes.
I further acknowledge that the above list is not inclusive of all possible risks associated with the Club or the use of facilities, equipment, or services in association with the Club, and that the above list in no way limits the extent or reach of this release and covenant not to sue. I furtherunderstand that participating in this Club is an acceptance of risk of injury.
I authorize 209 20's Adventure and Social Group to act on my behalf in the event of a medical emergency.
I, by joining this club, to the fullest extent permitted by law, agree to forever release and on behalf of myself, my spouse, heirs, representatives, executors administrators and assigns, HEREBY DO FOREVER RELEASE 209 20's Adventure and Social Group from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence which I or my spouse, heirs, representatives, executors administrators and assigns may now have, or have in the future against 209 20's Adventure and Social Group on account of personal injury, bodily injury, property damage, death or accident of any kind, arising out of or in any way related to my participation in the Club and/or the use of facilities, equipment, or services in association with the Club howsoever the injury is caused, whether by the negligence of 209 20's Adventure and Social Group or otherwise.
In consideration of my participation in the Club I, the undersigned, COVENANT NOT TO SUE and agree to INDEMNIFY AND HOLD HARMLESS 209 20's Adventure and Social Group from any and all causes of action, claims, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my participation in the Club and my use of facilities, equipment, or services in association with the Club.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the Club and the use of facilities, equipment, or services in association with the Club, and that I am voluntarily assuming all risks, whether known or unknown.
I understand that I will be solely responsible for any loss or damage, including death, which I sustain or cause, whether in whole or in part, while participating in the Club and my use of facilities, equipment, or services in association with the Club, and that by this agreement I am relieving 209 20's Adventure and Social Group of any and all liability for such loss, damage or death.
My membership and activity participation indicates that I have read and freely agree to this agreement, which shall take effect as a sealed instrument. I further certify that I am 18 years or older and that I am otherwise legally competent to make this agreement. I further understand that the terms of this agreement are legally binding and I certify that I am making this agreement after having carefully read and understood the same, of my own free will. This agreement is made in sole consideration of 209 20's Adventure and Social Group permitting my participation in the Club and my use of facilities, equipment, or services associated with the Club.
This agreement shall be construed and enforced in accordance with the laws of the State of California, and I consent to the jurisdiction of said state. I expressly agree that this waiver and release is intended to be as broad and inclusive as the permitted under the laws of the State of California, that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
| Page title | Most recent update | Last edited by |
|---|---|---|
| Liability Waiver | March 26, 2011 3:02 PM | anonymous |
| About 209 20's Adventure and Social Group | December 19, 2010 2:07 PM | anonymous |