In consideration of the services of Adventure Learning Program, their agents, owners, officers, volunteers, employees, and all other persons or entities
acting in any capacity on their behalf (hereinafter collectively referred to as "ALP"), I hereby agree to release, indemnify, and discharge ALP, on
behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in guided hiking, rock climbing, camping, mountain biking, water sports, fitness programs and all other
outdoor activities associated with ALP 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; being struck by rock fall or other objects dislodged or thrown from above; injuries or
accidents involving other bicycles or vehicles; rope burns; pinches, scrapes, twists and jolts that could result in cuts, scratches, bruises, sprains,
lacerations, fractures, or concussions; hazards of walking on uneven terrain; water hazards; canoe or kayak entrapment; accidental drowning; capsize
or entrapment; collision with fixed or movable objects; musculoskeletal injuries including head, neck, and back; injuries to internal organs; loss of
fingers or other appendages; exposure to temperature and weather extremes which could cause hyperthermia (heat related illnesses), heat exhaustion,
sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; exposure to altitude and cold including
hypothermia, frostbite, acute mountain sickness, exhaustion, cerebral and pulmonary edema; loss or damage to equipment being used; equipment
failure and/or operator error; improper lifting or carrying; being lost or separated from their guides or companions; the negligence of participants, or
other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other
services rendered; consumption of food or drink; my own physical condition, and the physical exertion associated with this activity.
Furthermore, ALP personnel 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, other environmental conditions. They might misjudge whether the terrain is safe for travel or
where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ALP 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 ALP's equipment or facilities, including any such
claims which allege negligent acts or omissions of ALP.
4. Should ALP 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.
5. 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 of my death or incapacity, this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assignees
6. In the event that I file a lawsuit against ALP, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state
shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void
or unenforceable, the remaining portions 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 ALP on the basis of any claim from which I have released
them herein. I also agree that this document is valid for subsequent visits and participation at ALP.
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.
October 21, 2019