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BERKSHIRE CAMINO, LLC

PARTICIPANT AGREEMENT, RELEASE, INDEMNIFICATION AND ACKNOWLEDGMENT OF RISK

   In consideration of the services of Berkshire Camino, LLC, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Berkshire Camino"), I hereby agree to release and discharge Berkshire Camino, on behalf of myself, my children, my parents, heirs, assigns, personal representatives and estate as follows:

   1. I acknowledge that my participation in outdoor adventure-based activities such as walking, hiking, light stretching of muscles, being in conversation with staff and other guests, or other outdoor activities entails known and unanticipated risks which 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. Furthermore, Berkshire Camino guides and instructors seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

   2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.

   3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Berkshire Camino 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 Berkshire Camino’s equipment, vehicles, facilities, or premises before, during, and after this activity including any such claims which allege negligent acts or omissions of Berkshire Camino. This release includes not only claims arising from or as a result of the outdoor activity, but also any claims, demands, or causes of action arising from any allegation of negligent medical care or treatment, emergency services and/or rescue attempts provided or not provided by Berkshire Camino.

   4. Should Berkshire Camino 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 further Agree to indemnify the property owners, or organization(s) that own or manage the hiking trails from any and all losses, liabilities and attorney's fees resulting from any claims or suits for personal injury, death and/or property damage that arise out of my participation in the activities, use of equipment, or any other activities while engaging with Berkshire Camino, regardless of how or by whom or by what the personal injury, death and/or property damage was caused, or any subrogation or derivative claims brought by any third party or insurer for injury .

   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 have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.

   6. In the event that I file a lawsuit against Berkshire Camino, I agree the Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Berkshire Camino or its agents are a party shall be the District or Superior Court in Berkshire County, Massachusetts.

   7. I agree that the substantive law of Massachusetts shall apply in that action without regard to the conflict of law rules of that state.

   8. I understand that photos and or video of me may be taken during the excursion and authorize Berkshire Camino to edit, change, copy and make use of photographs and videos. I authorize the use of these materials for the purpose of promoting Berkshire Camino on the internet, in print magazines and newspapers, articles, brochures and other promotional efforts as long as it is done for lawful purposes. I consent to this material being the sole ownership of Berkshire Camino and waive my right to any royalties or any other compensation with regard to the usage of the photos and videos. If I choose to opt out of having photos or videos of me taken or used, it is my responsibility to inform all Berkshire Camino personnel and contractors who are capturing such images.  

  9. The routes that Berkshire Camino has curated and leads guests on may be proprietary. I understand that if I use tracking apps such as AllTrails, Strava, Relive as well as apps built into my smartphone, I will not share the route publicly using Berkshire Camino's name or brand. 


MEDICAL INFORMATION

PLEASE REMEMBER YOU ARE RESPONSIBLE FOR KNOWING YOUR LIMITATIONS AND THAT YOU HAVE BOOKED A HIKING TOUR THAT IS CONSISTENT WITH YOUR ABILITIES AND CURRENT HEALTH.

DUE TO SAFETY RISKS AND THE DIFFICULTY OF SAFELY ACCOMMODATING PHYSICAL OR OTHER HEALTH LIMITATIONS IN REMOTE ENVIRONMENTS, BERKSHIRE CAMINO RESERVES THE RIGHT TO REFUSE SERVICE IF IT CANNOT REASONABLY ACCOMMODATE A PRE-EXISTING CONDITION. BERKSHIRE CAMINO STRIVES TO SHARE OUR SERVICES WITH ALL INDIVIDUALS AND WILL WORK TO ACCOMMODATE YOUR CONDITION TO THE BEST OF OUR ABILITY, BUT SOME ACCOMMODATIONS MAY NOT BE POSSIBLE UNDER REMOTE AND PHYSICALLY STRENUOUS CONDITIONS.    

The following statement is required by state law if we provide meals: "Before placing your order, please inform your server if a person in your party has a food allergy."

We do not use nuts in our food, but can not guarantee that the ingredients in our meals do not contain nuts or other food allergens. If you have food allergies or other special dietary needs, we strongly suggest you bring your own bag lunch in non-glass containers and we will pack it with the other lunches on your trip. Please inform our staff if you intend to do this. It is your duty to know your allergies and take steps to avoid consumption of any such substance.

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.

Today's Date: May 18, 2024



First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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