IMPORTANT: READ CAREFULLY--YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS
GIVING UP MY LEGAL RIGHTS
By signing this agreement, I give up certain legal rights which I (or my representatives and heirs) may have in the event I am injured or killed or suffer damage to or loss of property as a result of my participation in activities with the Southern California Mountaineers’ Association. The Southern California Mountaineers’ Association is a California nonprofit mutual benefit corporation organized to promote participation in mountaineering sports as well as training and safety awareness. It operates through volunteers—each with his or her unique knowledge and skill level. In every instance the term “SCMA” or “the SCMA” is used in this Agreement, it means and includes not only the Southern California Mountaineers’ Association itself, but also all of its leaders, instructors, rope leaders, members, associate members, applicants, students, guests, agents, officers, directors, employees, volunteers, contractors (except common or charter transportation carriers) and others participating in SCMA activities. In short “SCMA” means anyone connected with or participating with SCMA.
ACKNOWLEDGMENT & ACCEPTANCE OF RISK OF INJURY OR DEATH TO ME
I am aware that mountaineering sports (including, but not limited to, rock climbing, bouldering, mountaineering, snow and ice climbing, ski mountaineering and traveling in the outdoors) are hazardous activities that have inherent risks of injury or death, not all of which are foreseeable. The risks are often exacerbated by the remote locations in which the activities take place and the lack of proximate medical care and/or first responders. And, I understand that the activities require close contact between participants with the risk of disease transmission (e.g. Covid-19). I understand that the risks cannot be eliminated and are part of the essence of the activity. I wish to participate in these activities with the SCMA with the full knowledge and acceptance of the dangers involved, and hereby agree to accept and expressly assume any and all risk of illness, injury or death that may occur even if it is caused by the negligence, acts or omissions of SCMA. I choose to participate in SMCA activities knowing the risks involved. I understand that I am responsible for my own safety at all times.
This Agreement applies to ALL ACTIVITIES connected in any way with the SCMA including but not limited to: 1) club trips; 2) training classes; 3) workshops; 4) check-out climbs; 5) evaluation climbs of students, applicants, associates, members, or otherwise; 6) instruction; and 7) trips, activities or events published, publicized or sponsored by the SCMA.
MY WAIVER OF RIGHTS
WAIVER OF RIGHT TO SUE: I agree that I will not sue or make any claim against the SCMA for injury, death or damage to me or my personal property which may occur in the course of SCMA ACTIVITIES even if my claims were caused by the actual or alleged negligent acts or omissions of SCMA.
WAIVER/RELEASE ALL CLAIMS: I hereby release and discharge the SCMA from all actions, claims, demands, both for myself and for my heirs, assigns or personal representatives, for injury, death or damage to me or my personal property which may occur in the course, or as a result, of my participation in SCMA ACTIVITIES even if my claims were caused by the actual or alleged negligent acts or omissions of SCMA.
INDEMNIFY AND HOLD HARMLESS: I agree to pay all costs and expenses, including damages, losses, attorney’s fees, court cost, and any other expenses that the SCMA may sustain or incur as a result of any claim, demand, proceeding or legal action arising out of injury, death or damage to me.
MY CONSENT TO MEDICAL TREATMENT
I consent to any hospital care or medical or surgical diagnosis or treatment to be rendered to me, or to persons or members of my family who accompany me, as found advisable, of any injuries that may arise from my participation in any SCMA ACTIVITIES. I understand and agree that I am solely responsible for all applicable charges for such medical services. I also understand and agree that I am solely responsible for all cost of rescue or transportation rendered to me or to persons or members of my family who accompany me that may arise from my participation in SCMA ACTIVITIES.
THIS AGREEMENT APPLIES TO MY HEIRS AND LOVED ONES
All the terms of this Agreement are binding upon me, my relatives, heirs, assigns and personal representatives. The terms of this Agreement shall also be binding upon any persons or members of my family, including minors, who may accompany me.
OTHER IMPORTANT TERMS
(1) I agree that this Agreement shall be interpreted according to the laws of the State of California; (2) I agree that the laws of California shall apply to all SCMA ACTIVITIES even if the ACTIVITIES take place outside California; (3) Venue for any action or proceeding arising out of or related to this Agreement and/or any ACTIVITIES covered by this Agreement shall be in the County of Los Angeles, State of California; (4) If any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I AM OVER THE AGE OF EIGHTEEN YEARS OF AGE, OR MY LEGAL GUARDIAN HAS ALSO READ, INITIALED AND SIGNED THIS AGREEMENT BELOW MY SIGNATURE. I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A BINDING LEGAL CONTRACT BETWEEN MYSELF AND THE SCMA AND I SIGN IT OF MY OWN FREE WILL. 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: December 1, 2023