In consideration of my receipt of the services provided by North Fork Adventures, LLC their owners, officers, agents, employees, and all other persons or entities acting in any capacity on its behalf (the “Company”) and my participation in a guided tour, backpacking, caving, rock climbing, canoeing, team building or other outdoor adventure activities offered through the Company (the “Activities”), the undersigned person or persons (“Participant”) represents that Participant is an adult at least eighteen (18) years of age or a minor who is accompanied by a competent adult, and Participant understands that rock climbing, backpacking, caving, and other outdoor adventure activities may entail strenuous physical exercise that requires sufficient physical stamina and conditioning. Participant represents and warrants that they are in good health and proper physical condition to engage in rock climbing, backpacking, caving, and other outdoor adventure activities. Participant understands that individuals who have physical impairments or serious medical conditions should not engage in rock climbing, backpacking, caving, canoeing, team building, or other outdoor adventure activities. Participant understands that they should not engage in activities that could be detrimental to their health or which would be opposed by their doctor because of recent illness, injury, or surgery. Participant acknowledges and agrees that they have adequate insurance to cover any injury or damage they may cause or suffer while participating in the Activities, or else agrees to bear the cost of such injury or damage to themselves or others.
Participant understands and acknowledges that they have been fully informed of the inherent hazards and risks associated with the Activities, transportation of equipment related to such Activities, and the travelling to and from Activities sites. Inherent hazards and risks include but are not limited to:
- Risk of injury from participation in the Activities or from the equipment used in rock climbing, backpacking, caving, canoeing, team building, and other outdoor adventure activities in which risks are significant and include the potential for permanent disability and death.
- Possible equipment failure and/or malfunction of Participant’s own or other’s equipment.
- Participant’s own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of the Company, including but not limited to operator or guide error.
- Injury to hands, fingers, feet and toes, including but not limited to inflammation and/or strain of muscles ligaments and/or tendons, nerve damage or compression, and broken bones.
- Injuries from falling may occur from exposure to high altitude, which may affect judgment and coordination, or injuries may occur from Participant not paying close attention to his or her own climbing or others climbing with or near Participant.
- Broken bones, severe injuries to the head, neck, and back which may result in severe physical impairment or even death.
- Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
- Exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature or weather conditions.
- Attack by or encounter with insects, reptiles, birds and/or other animals.
- Accidents or illness occurring in remote places where there are no available medical facilities.
- Fatigue, chill, and/or dizziness, which may diminish Participant’s reaction time and increase risk of accident.
- Participant’s sense of balance, physical coordination, and ability to follow instructions.
- The hazards of walking on uneven terrain and slip and falls.
- Being struck by rock fall or other objects dislodged or thrown from above.
Participant understands that the risks which are enumerated above are not a complete list of risks inherent in the Activities which Participant is about to engage. Participant understands that additional, unknown or unanticipated risks, which are not readily foreseeable but that may arise during the Activities, may result in injury, illness, or death. PARTICIPANT EXPRESSLY AGREES TO ACCEPT AND ASSUME ALL SUCH RISKS (INCLUDING BUT NOT LIMITED TO THE RISKS DESCRIBED HEREIN) AND ALL RESPONSIBILITY FOR ANY INJURIES (WHETHER TO PERSON OR PROPERTY), LOSSES, COSTS, AND DAMAGES PARTICIPANT INCURS IN CONNECTION WITH OR ARISING FROM PARTICIPATION IN THE ACTIVITIES. THE UNDERSIGNED REPRESENTS THAT PARTICIPATION IN THE ACTIVITIES IS PURELY VOLUNTARY, AND THAT THEY ELECT TO PARTICIPATE IN THE ACTIVITIES IN SPITE OF THE RISKS.
BY SIGNING BELOW, PARTICIPANT RELEASES, DISCHARGES AND COVENANTS NOT TO BRING ANY LAWSUIT OR CLAIM AGAINST THE COMPANY, ITS AFFILIATES, SUCCESSORS, OR ASSIGNS AND, IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES OR GROUNDS ON WHICH THE ACTIVITIES OCCUR (EACH ONE OF THEM IS CONSIDERED “RELEASEES”).
PARTICIPANT AGREES TO HOLD HARMLESS AND INDEMNIFY RELEASEES FROM ALL LIABILITY, CLAIMS, OR DEMANDS FOR INJURIES, LOSSES, OR DEATH CAUSED OR ALLEGED TO BE CAUSED TO PERSON OR PROPERTY, IN WHOLE OR IN PART, IN ANY WAY BY THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES OR THE NEGLIGENCE OF RELEASEES.
IF A PARENT, GUARDIAN, OR OTHER ADULT INDIVIDUAL IS SIGNING THIS WAIVER ON BEHALF OF A MINOR, SUCH PARENT, GUARDIAN, OR OTHER ADULT AGREES TO INDEMNIFY THE RELEASEES FROM ALL LIABILITY, CLAIMS, OR DEMANDS FOR INJURIES, LOSSES, OR DEATH SUFFERED BY THE MINOR PARTICIPANT WHICH ARE CAUSED OR ALLEGED TO BE CAUSED BY THE ACTIVITIES OR THE RELEASEES. PARTICIPANT AGREES FURTHER TO INDEMNIFY COMPANY FROM ANY ATTORNEYS FEES AND LEGAL COSTS INCURRED TO ENFORCE THIS WAIVER OR FOR ANY LEGAL CLAIM ARISING OUT OF OR RELATED TO THE UNDERSIGNED’S OR THE MINOR’S PARTICIPATION IN THE ACTIVITIES.
Participant has read this Agreement and has signed it freely and willingly, without inducement or assurance of any nature, and intends this Agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law and agrees further that, if any portion of this Agreement is held to be invalid, the balance shall continue in full force and effect.
As used herein, the term “Undersigned” refers to the Participant.
By signing this Agreement, Participant intends to be legally bound by the terms herein.
Dated: January 26, 2021