I acknowledge that by signing this document, I am releasing Venture Outdoors, Inc. (VO), Kayak Pittsburgh (KP), and their respective agents, employees, volunteers, trip leaders, volunteer trip leaders, members, sponsors, promoters, partners, officers, directors and affiliates (collectively "Releasees") from any and all liability. This release form is a contract with legal consequences. PLEASE READ IT CAREFULLY BEFORE SIGNING.
Activities covered by this document include: hiking, biking, canoeing, kayaking, rafting, paddleboarding, camping, backpacking, snowshoeing, cross country skiing, swimming, fishing, trail maintenance, cleanups, natural and artificial rock climbing, rappelling, caving, dog activities, geocaching, motorized river cruises, outdoor leadership training, wilderness first aid, and any other recreational or educational program offered by the Releasees.
ASSUMPTION OF RISK: Outdoor recreation, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees have taken to avoid injuries. I acknowledge that the same elements that contribute to the unique character of these activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death. The following describes some, but not all, of those risks:
- Courses and outings may occur in remote places, many miles from medical facilities. Communication and transportation can be difficult and sometimes evacuations and medical care may be significantly delayed.
- Equipment may fail or malfunction, despite reasonable maintenance and use. Attendant risks include loss of control of bicycle, kayak, or other non- motorized vessel; collision with other participants, equipment, boats, vehicles, natural or man-made obstacles whether obvious or not.
- Travel is by vehicle, snowshoe, skis, foot, canoe, kayak, bicycle, paddleboard, and other means, over unpredictable environments, including: rugged terrain, boulder fields, downed timber, rivers, rapids, river crossings, snow and ice, steep slopes, loose stones, and slippery rocks. Attendant risks include, scrapes, bruises, cuts, broken bones, concussion, submersion in water, falling, drowning, and others usually associated with such travel, including environmental risks. These are only some examples of such risks.
- Environmental risks and hazards include rapidly moving, deep or cold water; insects, snakes or predators, including large animals; falling and rolling rock; lightning, avalanches, flash floods, and unpredictable forces of nature, including weather which may change to extreme conditions without notice and result in unpleasant conditions. Possible injuries and illnesses include hypothermia, shock, frostbite, sunburn, heatstroke, dehydration, and other mild or serious conditions. These are only some of the examples of such injuries.
- Activities are conducted indoors and outdoors, day and night. Physical activities include running, paddling, sustained climbing, biking, hiking and repetitive lifting.
- Decisions are made by the instructors, trip leaders, and participants based on a variety of perception and evaluations which by their nature are imprecise and subject to reasonable errors in judgment. Misjudgments may pertain to, among other things, a student’s or participant’s capabilities, environment, terrain, water and weather conditions, natural hazards, routes, and medical conditions.
- Participants, including minors, will have unsupervised free time before, during and after their course or outing. Free time activities are not part of the Releasees’ programs and are at the sole risk of the participants. The Releasees have no responsibility for such activities. Staff and volunteers may from time to time provide assistance or even accompany participants in these free time activities, but in doing so, they are acting as private individuals and not for any of the Releasees.
- Rock climbing on an artificial wall entails known and unanticipated risks including: climbing on or falling from loose and/or damaged artificial holds; the artificial climbing structures; falling to the ground, on others, or being fallen on by other users; abrasions from the walls, ropes, pads or the floor; equipment failure, belay failure, or climbing out of control or beyond ones personal limits; the negligence of other climbers, visitors, participants, or other persons who may be present; or my own negligence. These are only some of the examples of such risks.
I am aware that this outdoor activity includes risks of personal property damage or loss, bodily injury or death. I understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury or death. I agree to assume responsibility for the inherent risks both identified herein and not specifically identified. I acknowledge that engaging in this activity may require a degree of skill, fitness level and knowledge different from other activities, and that the staff and volunteers of the Releasees have been available to more fully explain to me the nature, risks, and physical demands associated with this activity. My participation in this activity is purely voluntary and I elect to participate in spite of and with full knowledge of all inherent risks and all other risks. I personally, knowingly, and voluntarily assume all these risks and all other risks. By signing below, I personally, freely and expressly assume and accept any and all risks of injury, death, property loss, and all other possible losses which might be attributable to Releasees.
I represent that the Minor identified herein and/or myself are fully physically capable of participating in this activity without causing risk or harm to others or ourselves. Therefore, I accept on behalf of myself and the Minor full liability and responsibility for any and all types of losses suffered by me, the Minor identified herein, and all other persons who suffer loss. Such loss includes those from any and all risks including our own negligence or other wrongful conduct during the participation in this activity.
RELEASE: In consideration for Releasees allowing me to participate in this activity, I (and on behalf of my spouse, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors")) agree to forever release and discharge the Releasees. This includes sponsors, event organizers, promoting organizations, property owners, law enforcement agencies, all public entities, and their respective agents, officials, volunteers, management, and employees through or by which the activities will be conducted. I acknowledge and realize that by signing this two page document I am waiving and contractually agreeing to waive all of my rights to sue and/or bring any type of lawsuit for any loss against any of the entities, individuals, and Releasees as set forth above and described herein. I fully understand that this agreement to not bring any type of lawsuit includes claims I might have for the ordinary negligence and/or carelessness of Releasees. My waiver of all rights to sue includes those of the Minor as otherwise identified in this document. This release is for any type of claim, including any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my and/or the Minor’s participation in the activity or use of any equipment or facilities, or travel to or return from the activity.
INDEMNIFICATION: I agree to hold harmless, defend, and indemnify Releasees from all defense costs (including attorney fees, court costs, and investigative costs) incurred in connection with all claims arising out of property damage, property loss or theft, personal injury, disability, death or other loss brought by or on behalf of me, the Minor, a family member, my estate; as well as claims of co-participants, rescuers, spectators, or any other person arising from or relating to my use of the equipment, facilities, and/or participation in the activity, including claims that the Releasees were negligent.
HEALTH/SAFETY: I agree it is my sole responsibility to be familiar with the Releasees’ rules, guidelines, special regulations, and other instructions for the activity. I understand and agree that situations may arise during the activity that may be beyond the immediate control of the Releasees. I will follow all safety rules, guidelines, applicable laws, and other instructions given. I will wear required safety equipment, including wearing a PFD at all times while in any watercraft. I have no physical or medical condition that to my knowledge would endanger others or myself if I participate in this activity, or would interfere with my ability to participate in this activity. I grant Releasees permission to treat me (or the Minor) in case of illness, injury, emergency, or accident, including administering first aid, CPR, AED, or arranging emergency transport. Should emergency medical services become necessary, I understand that the expenses are my responsibility and not that of the Releasees. Personal medical and travel insurance is strongly advised for all participants.
PHOTO WAIVER: I hereby grant full permission for Venture Outdoors and Kayak Pittsburgh, and their respective agents, boards, commissions, and any other involved parties of the foregoing to take and use photographs, video, film, or any other record of this activity, including my name, likeness and/or voice for any legitimate purpose, including for advertising display, audiovisual presentations or otherwise. I waive any right of privacy, publicity, compensation, copyright or other rights to those images.
SEVERABILITY: Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children, and other family members.
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT ALL ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT.
Date: June 7, 2020