RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in Walker Run Outdoor Events and Excursions Limited Co.’s event for myself (Participant), as well as my personal representatives, assigns, heirs and next of kin; Participant acknowledges and agrees to the following:
Liability Notice. Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff do not provide insurance for Participants or other persons injured nor property lost, stolen or damaged during this event. Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff are not liable for Participants or other persons injured during the event nor property lost, stolen or damaged except such injuries and/or property damage caused directly by Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff. These events would include, but not be limited to: swimming and water activity facilities such as pools, hot tubs, slides, and lakes; inflatable amusements such as globe tents, slides and obstacle courses; hiking and bicycle paths/trails, horseback riding; fishing facilities; exercise equipment; basketball courts; horseshoe pits; laser tag; dog runs; skating areas; boating; miniature golf; shuffleboard and bocce courts; and naturally surfaced playing fields (collectively referred to hereinafter as “Activities”).
Medical Notice & Release. Walker Run Outdoor Events and Excursions Limited Co.’s events require physical activity. Please be advised that there is no medic on duty during the event. It is recommended that each Participant check with a health care provider to ensure that he/she is in good health to participate. By signing this Agreement, Participant consents to receiving medical treatment should an emergency arise.
Assumption of Risk. Participants are responsible for assuming the risk of the activity, including but not limited to
Risk of injury from the activity and/or equipment utilized is significant including the potential for permanent disability and death.
Falling, causing broken bones, severe injuries to the head, neck and back which may result in severe impairment, injury or death.
All “acts of nature,” including, but not limited to flash flood, avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
Risks associated with crossing, climbing or down-climbing of rock, snow and/or ice.
Risks associated with river crossings, fording, or portaging.
Possible equipment failure and/or malfunction of my own or others’ equipment, which may have been rented, borrowed, or personally owned.
Allergic or other physical reactions due to airborne/ ingested substances or insect bites/ stings.
My own negligence.
Cold weather and heat related injuries and illness including, but not limited to frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
Attack by or encounter with insects, reptiles, and/or animals.
Accidents or illness occurring in remote places where there are no available medical facilities.
Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
Psychological or emotional stress and trauma.
My sense of balance, physical coordination, and ability to follow instructions.
I am aware that hiking, scrambling over rocks, climbing, bouldering, camping, and backcountry exploration, entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
COVID-19 Notice & Release. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Walker Run Outdoor Events and Excursions Limited Co. has taken preventative measures to reduce the spread of COVID-19; however due to the nature of the event Walker Run Outdoor Events and Excursions Limited Co. cannot guarantee that you will not come in contact with COVID-19.
INITIALS I am familiar with the guidelines and recommendations set forth by the CDC in regard to COVID-19. I represent that I have not been ill with a fever, nor have I experienced flu like symptoms within the past 72 hours. I acknowledge the contagious nature of COVID-19 and I voluntarily agree to assume all risks of possible exposure and accept sole responsibility for any injury to myself, illness, damage, loss, claim, liability or expense, of any kind, that I may experience or incur in connection with my participation in Walker Run Outdoor Events and Excursions Limited Co.’s event. I hereby release, covenant not to sue, discharge and hold harmless Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff from any and all claims and liabilities, including negligence claims, as it relates to COVID-19.
Liability for Rented Equipment. Participant is liable for any damage to the rented equipment occurring at the fault of the Participant.
Adherence to Event Rules. Each participant is required to adhere to the Event Rules and notices attached hereto. Failure to adhere to the rules may result in the Participant being asked to leave the event at the discretion of Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff. No refund will be given to Participants that are removed for failure to adhere to Event Rules.
Media Release. Walker Run Outdoor Events and Excursions Limited Co.
(check box that applies) use my image (photograph and/or video taken at the event) for media publications, including, but not limited to, social media, newsletters, publications, email blasts, and/or promotion of future events. By allowing Walker Run Outdoor Events and Excursion Limited Co. to use my image I (Participant) waive the right to inspect or approve images or other media and waive the right to royalties or other compensation in connection with use of my image.
Indemnification. Participant shall indemnify, defend and hold harmless Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff, from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from participation in Walker Run Outdoor Events and Excursions Limited Co.’s events, except to the extent caused by Walker Run Outdoor Events and Excursions Limited Co.’s, its owners, operators, agents and/or staff, gross negligence or willful misconduct. In no event shall Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff, be responsible for any indirect, special or consequential loss or damages arising from Participant’s use of rented equipment or participation in the event. Walker Run Outdoor Events and Excursions Limited Co., its owners, operators, agents and/or staff, is not liable for transporting participants after being removed for failure to adhere to rules or failure to complete the course. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. PARTICIPANT HEREBY RELEASES DISCHARGES, COVENANT NOT TO SUE, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS , its representatives, directors, agents and employees, other participants, any sponsors, advertisers, and if applicable, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON PARTICIPANT’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF THE PARTICIPANT OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.
Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
I, (PARTICIPANT), HAVE READ THIS AGREEMENT AND EVENT RULES, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND AFFECT.