What we're about
A group of hiking enthusiasts who love to explore trails in and around Bay Area. Join us if you are interested in hitting the trails on a weekly basis. We meet at a new trail every weekend morning and enjoy the hike together.
RELEASE AND WAIVER OF LIABILITY
By choosing to become a member of the Extrails Hiking Group (hereinafter referred to as “EHG”) and participating in any hike, event or outdoor activity (hereinafter referred to as “Activity”), each and every hiker, member or participant (hereinafter referred to as “Member”) understands and agrees to the EHG's terms and conditions.
1. ACTIVITY AND ASSOCIATED RISKS
EHG is not a guide service and therefore make NO WARRANTIES, PROMISES, or GUARANTEES that the Activity is safe for the Member and their family. EHG has not verified or approved the safety of the Activity listed on the EHG meetup. It is solely the Member's responsibility to determine whether the Activity exposes them or their family to an unreasonable risk of harm or loss. Hiking, like other outdoor activities, is inherently dangerous and while hiking Members and their family may be exposed to dangers and hazards, including but not limited to: falling rocks, inclement weather, hostile or aggressive wildlife, falls, fractures, concussions, equipment failures, negligence of others, drowning, and death. As a consequence of these risks, the Member and their family may be seriously hurt, disabled or may die from resulting injuries, and their property may also be damaged. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the Activity. EHG assumes no responsibility for providing medical care during the activity, and the Member will have to pay for any medical care and evacuation that the Member and/or their family incur.
2. ASSUMPTION OF THE RISK
Members voluntarily, knowingly, and expressly assume the above-mentioned risks as well as other risks not listed that are part of the Activity, and any harm, injury or loss that may occur to the Member and their property as a result of participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of EHG, its organizers, co-organizers, assistant organizer, event organizer, EHG Members, other Activity Members and its contractors. The EHG does not undertake and does not have any responsibility, for the accuracy of any information provided or to determine or assure the suitability or safety of the Activity, the hike, transportation to or from the Activity, other event or of any related activity, in general, or as to a particular person.
3. RELEASE OF LIABILITY
Members hereby release EHG, its organizers, co-organizers, assistant organizer, event organizer, EHG Members, other Activity Members, heirs, agents, attorneys, employees, assigns, sponsors, advertisers, contractors, equipment providers, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (hereinafter referred to as “the Released Parties") FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to the Member or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims excluded from being waived by law. Members also agree NOT TO SUE or make a claim against the Released Parties for death, injury, loss, harm, or property damage or destruction which occur during the Activity or are related in any way to the Activity.
4. INDEMNIFICATION HOLD HARMLESS AND DEFEND
Members agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their negligence. Members also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for their negligence, and any other claim arising from their conduct during the Activity. In accordance with these agreements, the Member will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney fees that the Released Parties incur because of any such claims made against the Released Parties. Members agree that in the event of their death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on their estate, and their personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. ACTIVITY GEARS
Members are reminded that outdoor activities like hiking frequently need specialist equipment (boots, clothing, protective gears etc.), and the EHG does not provide these. Members are responsible for assessing their own risk, the safety of themselves and their family and the suitability of any equipment used. It is the responsibility of the Members to learn the necessary skills for safe hiking, and carry the proper gear, including a good trail map while hiking any trail.
6. EHG EVENT ORGANIZERS
Members acknowledge that EHG has no control over and assumes no responsibility for the actions of any event organizers at any time before, during, and after the Activity. Members acknowledge that EHG has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity. EHG, organizers, co-organizers, assistant organizer, event organizer, EHG Members, and other Activity Members of the Activity may not have any experience, training, or knowledge with baby-wearing and child carriers. Any help, advice, adjustment, etc. receive from the EHG, organizers, co-organizers, assistant organizer, event organizer, EHG Members, and other Activity Members should not be construed as professional advice but merely friendly suggestions. It is the responsibility of the Member to make sure that they are familiar and comfortable with whatever method they choose to use to transport their baby.
EHG does not provide insurance or pay for any costs associated with harm, including being injured or killed, to the Member and their family. Members assume all of the risks associated with the Activity.
8. EHG AND COMMUNITY
EHG serves a compelling public interest. It is essential for each Member to see that EHG maintains a strong public presence so that adults, parents, and caregivers are inspired to get out and explore nature. No Member would want to see EHG limit or restrict its activities because of concerns over liability. Participating in the Activity with EHG is a purely recreational endeavor. There are numerous trails, campsites, parks, and other natural areas available where Members could hike and enjoy other outdoor recreational activities without limiting their rights as a plaintiff. This agreement does not reflect a disparity in bargaining power. Members must view EHG as a group of like-minded participants working together to further common goals. Each Member is a member of the group and not a customer or client.
9. USE OF LIKENESS
Members must understand that during the Activity they may be photographed or videotaped. To the fullest extent allowed by law, Members waive all rights of publicity or privacy or pre-approval that they have for any such likeness of themselves or their family or use of their name in connection with such likeness, and grant to EHG and its sponsors, partners, advertisers, and assigns permission to copyright, use, and publish (including by electronic means) such likeness of the Members, whether in whole or part, in any form, without restrictions, and for any purpose.
Members agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. Members agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. Members also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
11. MEMBERS WITH CHILDREN UNDER 18 YEARS OF AGE
EHG welcomes Members to include and encourage their children by participating in the Activity. Members under 18 years of age must be accompanied by a Member parent or a responsible adult. Member parent or responsible adult of a minor accepts and agrees to the terms and conditions of the group. The Member parent or responsible adult deems the authority and responsibility to make decisions for the minor child's participation in any of the Activity. Member Parent or responsible adult also agrees to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties.
MEMBERS ARE ASSUMED TO BE FULLY INFORMED OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE JOINING THE EHG AND BEFORE PARTICIPATING IN THE ACTIVITY. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS OF THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT.