Important Legal Document: Please Read before Signing
Golden State Guiding (GSG) provides guided trips for individuals or small groups looking for a unique and authentic climbing experience. These guided experiences can include rock climbing, ice climbing, mountaineering, downhill skiing, backcountry ski touring, backpacking, and hiking – each of which provides active, outdoor activity that is fun, inspiring, and contribute to fitness and overall well-being.
While GSG strives to inspire, train, and educate the client on the included beneficial experiences, GSG feels it is important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, or a MINOR Participant and PARENTS/LEGAL GUARDIANS) knows that GSG activities range from moderate to strenuous, and like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the GSG activities include, but are not limited to, the following list.
General risks: Equipment failure or malfunction; slips or falls onto rocks or other surfaces; falling rocks; avalanche; animal, snake, or poisonous insect encounters; contact with poisonous or prickly plants; inaccessibility of medical care in event of illness or accident. Weather-related risks: Exposure to cold, sun, and extreme temperatures; sudden weather changes; lightning; heavy precipitation; high winds.
Participant-related risks: Insufficient condition; failure to follow instructions; failure to properly use the equipment; negligent or careless actions; poor balance, physical coordination, or strength; erratic, careless, or negligent actions by co-participants.
Guide-related risks: Judgment error as to estimating participant readiness or ability; the adequacy of instructions or warnings; in anticipating weather conditions; in selection of route or challenge; in evaluating equipment.
GSG feels it is important that clients know that these and other unnamed inherent risks can result in three types of injuries. First is the common Minor Injury. These include, but are not limited to, strains (e.g., of muscles, ligaments, or tendons in the hands, fingers, feet or toes), sprains, bruises, abrasions, blisters, rope burns, frostnip, sunburn, and contusions. Second is the Serious Injury. Examples include, but are not limited to, severe sprains, broken bones, ligament and joint injuries, concussions, eye injury, exposure, heat-related illnesses, frostbite, hypothermia, dehydration. These are rare, but may occasionally occur. Third is the extremely rare Catastrophic Injury. Some examples include, but are not limited to, permanent disability, brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the client should be aware of all possibilities.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know that GSG activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level (or that of my minor child), and I appreciate the types of injuries that may occur as a result of GSG activities and their potential impact on my well-being and lifestyle (or that of my minor child). I hereby assert that my participation (or that of my minor child) is voluntary and that I (and my child) knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence: In consideration of permission to participate in GSG activities and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue GSG, its owner Ryan Hartegan, employees, independent contractors, volunteers, equipment providers, agents, and property owners used by GSG [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of GSG or other Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in GSG activities (including, but not limited to, instruction, individual or group classes, special events, observation, use of GSG equipment, and whenever participating in GSG activities); and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification Agreement: I, the PARTICIPANT/PARENT, also agree to hold harmless, defend, and indemnify GSG and Protected Parties (that is, defend and pay any judgments and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf, arising from my participation in GSG activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I further agree to hold harmless, defend, and indemnify GSG and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant while on the premises of GSG.
1) I, the PARTICIPANT/PARENT, confirm that this document is the entire agreement between me and GSG and cannot be modified or changed in any way by representations or statements by any agent or employee of GSG.
2) I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
3) I also understand that if any legal action is brought, either the U.S. District Court for the Southern District of California or the appropriate trial court for the County of San Diego in the State of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California shall apply.
4) In the event of a dispute, I, the PARTICIPANT/PARENT, agree to engage in good faith efforts to mediate a settlement. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation at GSG shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect and that any hearing pursuant to such claim shall take place in San Diego County, California and that the laws of the State of California shall apply.
In order for GSG to more effectively provide for the safety of the participant, GSG asks PARTICIPANT/PARENT to help us by certifying the following: I, the PARTICIPANT/PARENT,
Rules and Actions
- Agree to obey all safety rules and instructions of the guide.
- Agree to stay in areas designated and not enter areas that will place me in undue danger.
- Acknowledge that it is the participant’s duty to inform the guide in the event of (e.g., faintness, shortness of breath, high anxiety,
- chest pains) during participation.
- Agree to attempt only activities that I feel I am capable of performing safely.
Health and Safety
- Acknowledge GSG recommends getting medical clearance prior to participation in GSG activities.
- Possess a sufficient level of skill and physical fitness for safe participation in GSG activities.
- Have no health problems that would make participation in GSG activities unwise.
- Authorize GSG to administer emergency first aid and/or CPR when deemed necessary by GSG.
- Authorize GSG to secure emergency medical care, rescue, and transportation (e.g., EMS) when deemed necessary by GSG and I agree to assume all costs of emergency medical care, rescue, and transportation.
- Authorize GSG to use participation photo/video of participant in print/electronic marketing, advertising, and web content.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to the inherent risks of GSG activities or the ordinary negligence of the Protected Parties, to the greatest extent allowed by law of the State of California.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of GSG activities and GSG safety rules to my minor son or daughter and that he or she understands the risks, accepts those risks, and agrees to follow GSG rules; he or she confirms assumption of risks and agreement to follow GSG rules by signature below.
Today's Date: December 9, 2019