In consideration of the services of Catamount Outdoor Family Center, Inc., their agents, officers, property owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “COFC”), I hereby agree to release, indemnify, and discharge COFC on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in all activities including but not limited to walking, running, and biking entails 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: slips and falls; accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the bicycle; falls from the bicycle; the negligence of other operators or motor vehicles or myself; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; pinches, bruises, abrasions, strains, cuts and lacerations; musculoskeletal injuries including head, neck and back injuries; the condition of roads, terrain, and accidents connected with their use; contact with animals or insects; hazardous plant life; water hazards; equipment failure; and improper lifting or carrying, my own physical condition, and the physical exertion associated with this activity; being lost or separated from their guides or companions by traveling in forested areas, rugged terrain, or bad weather; natural forces including steepness of slopes, snow depth, instability of snow pack or varying and difficult weather. Weather and altitude can be extreme and can change rapidly without warning. Furthermore, COFC 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.
- 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.
- I accept and assume all risks existing and hold harmless COFC from all claims connected with the equipment I have provided for my own use during participation in this activity.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless COFC 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 COFC’s equipment or facilities, including any such claims which allege negligent acts or omissions of COFC.
- Should COFC 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.
- 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 the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against COFC, I agree to do so solely in the state of Vermont and further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules for that state. I agree that if any portion of the agreement is found to be void or unenforceable the remaining document 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 COFC 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.
Dated: January 17, 2021