Important: Please read and be sure you understand this document before signing. If you have questions about the contents herein, please contact the Course Director or consult an attorney.
Bondi Outdoor Leadership, Corp. (“BOLD”) wants to assure that our program participants have a fun and rewarding experience. We also wish to inform our guests that participation in the activities offered by BOLD, including, without limitation, winter activities, wilderness first aid courses, and rock climbing, (collectively, the “Activities”) is not risk free. We do not want to reduce your enthusiasm for the experience, but we do want you to know in advance what to expect and to be fully informed of the potential risks of engaging in any of the Activities. We ask that you read, sign and return this document to BOLD prior to participating in the Activities.
ACKNOWLEDGEMENT OF RISKS
The Activities offered by BOLD pose inherently hazardous risks. You will be traveling outdoors, where you will be subject to numerous risks including, but not limited to, the following:
· Rapidly moving, deep or cold water, flash floods, insects, predators, other animals, falling or rolling rock, lightning, high winds, hail, snow, avalanches, and unpredictable forces of nature including weather that may change to extreme conditions without warning. Additional risks may include allergic reactions, psychological distress, hypothermia, frostbite, hyperthermia, sunburn, heatstroke, dehydration, and other mild or serious conditions. Exposure to the natural elements can be uncomfortable or harmful and may result in injury or death.
· (Sometimes extreme) physical, mental, and/or emotional exertion. You may be required to travel by foot with weight on your back. Travel may be rugged, unpredictable, and may include, among other hazards: boulder fields, downed timber, river crossings, high mountain passes, snow and ice, steep slopes, rock falls, tree wells, falling and/or fallen trees and tree stumps, cliffs, cornices and slippery rocks. Risks of such hazards include, but are not limited to, collisions with other people and/or objects, falling, cuts, scrapes, sprains, abrasions, broken bones, torn muscles, tendons, and/or ligaments, head, neck, and/or spinal injuries, drowning, getting lost, acute mountain sickness, high altitude sickness, transmission of communicable diseases, and/or death.
· Rescues may not be available or may take considerable time to complete due to the inherent nature of the Activities. You may become lost or separated from others in the group, and communication may be difficult or impossible.
· Horseplay, carelessness, poor technique, poor conditioning, and/or violating the rules established by BOLD and/or any other applicable authorities all add to the risks associated with the Activities.
· Accidents may occur while traveling to and from the site(s) where the Activities are to occur. All transportation attendant with engaging in the Activities is the personal responsibility of each individual participant. While carpooling may occur, all driving and transportation is the decision and care of the individuals engaging in the Activities.
· Risks may also arise by virtue of the decision-making and conduct of others, including, without limitation, the risk that a course leader, co-leader, or other participant may misjudge someone’s capabilities, weather, terrain, water level, or route location, among other things.
· Risks may also arise due to equipment misuse, failures, malfunctions, and/or defects, resulting in injury, paralysis, and/or death. Not properly understanding how to use equipment can increase the severity of these risks.
· The Activities often require sharing equipment among several people as well as close physical proximity and contact between the participant and other people in a manner that does not allow for social distancing, consistently wearing masks or other personal protective equipment, or the regular use of disinfectants to reduce the presence or transmission of germs, bacteria, and viruses.
NOTE: This list is not an exclusive or exhaustive list of all possible risks, injuries, trauma, damage, or accidents that may occur while engaged in one or more Activities. The undersigned hereby acknowledges and agrees that there are inherent risks associated with the Activities that cannot be eliminated regardless of the care taken to avoid injury or loss.
I understand and acknowledge that participants in the Activities will be required to comply with BOLD’s policies and guidelines and follow the instructions provided by BOLD. I understand and agree to all such policies and procedures prescribed by BOLD. In the event I need to leave an Activity before the scheduled end date or time due to physical injury, illness, or for any other reason, or if I do not adhere to BOLD’s policies or procedures, I understand that my participation or enrollment in the Activities may be terminated by BOLD in its sole discretion. I also understand and agree that BOLD may refuse to allow the participation of any person deemed to be incapable of handling the physical, emotional, or mental demands associated with participation in the Activities or unable to satisfy other participant requirements necessary to successfully complete the Activities in BOLD’s sole discretion. In the event that BOLD refuses or terminates my participation in the Activities, or if I cancel my previously scheduled participation in the Activities, then I understand and agree that I am responsible for making travel arrangements and paying the travel costs for my early return home (if applicable) and that I shall not be entitled to any refund or other return of funds paid to BOLD for participation in the Activities.
By my signature below, I hereby acknowledge that I have read the statements herein above regarding the risks associated with the Activities. Notwithstanding the risk of property damage or loss and physical injury, I desire to participate in the Activities, and I certify that I am fully capable of participating.
WAIVER, RELEASE & INDEMNITY AGREEMENT
In exchange for the opportunity to participate in the Activities, I hereby assume all risk of injury to myself and my property, and to others and their property, that may result from my participation in the Activities. I understand that my participation in the Activities is purely voluntary and, notwithstanding the risks, including without limitation, the risks described herein, I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, ILLNESS, AND PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or others as a result of my participation in the Activities. B. By signing this WAIVER, RELEASE & INDEMNIFICATION AGREEMENT, I hereby knowingly and freely assume all such risks, both known and unknown, of injury, loss, illness, or damage, even if arising from the negligence or omission of BOLD or its employees or anyone else acing on its behalf.
On behalf of myself as well as my heirs, administrators, executors, and assigns, I hereby RELEASE AND FOREVER DISCHARGE BOLD, AS WELL AS ITS OWNERS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, AND ALL ENTITIES AND AGENCIES WHO PROVIDE PERMITS FOR BOLD TO OPERATE, FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, ARISING FROM, OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION IN THE ACTIVITIES OR TRAVEL TO AND FROM THE ACTIVITIES.
In addition, I agree to INDEMNIFY AND HOLD THE ABOVE-NAMED ENTITIES AND INDIVIDUALS HARMLESS FROM ANY LOSS, LIABILITY, DAMAGES, OR COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) THAT THEY MAY INCUR AS A DIRECT OR INDIRECT RESULT OF MY PARTICIPATION IN THE ACTIVITIES.
I hereby further agree that if BOLD and/or its agents are compelled to defend any action, lawsuit, or other similar proceeding brought by myself, my executors, or my heirs in any way relating to my participation in the Activities, BOLD shall be entitled to recover, in addition to any other amounts awarded, its reasonable attorneys’ fees and costs.
Initials Statement of Good Health and Current Personal Health Insurance
I further state that there are no health-related reasons or problems that would preclude or restrict my participation in the Activities and that I have adequate health insurance and/or adequate financial resources necessary to provide for and pay any medical costs that I may incur as a result of illness, injury, or property damage caused during the course of my participation in the Activities. If I require emergency medical action or treatment, I hereby consent to being transported by BOLD to a hospital or medical care facility and consent to being administered medical care by the physician or licensed hospital or medical care facility deemed by the BOLD representative in charge to be the most expedient and appropriate under the circumstances. I understand and agree that BOLD assumes no liability or other responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment or my transportation to or from the medical care facility.
Initials Media Release
In consideration of the opportunity to participate in the Activities and by my signature below, I hereby IRREVOCABLY GRANT TO BOLD PERMISSION TO REPRODUCE, USE, EXHIBIT, BROADCAST OR PUBLISH MY LIKENESS IN STILL PHOTOGRAPHS OR VIDEO CLIPS OR TAPES TAKEN IN THE COURSE OF MY PARTICIPATION IN THE ACTIVITIES (the “Images”) in publications in any print or other media (including CD-ROM, Internet and any other electronic medium presently in existence or invented in the future) that are authored, controlled, produced or distributed by BOLD or its agents. I hereby waive any right to inspect or approve the finished product, including written copy, wherein the Images appear, and I waive any right to any and all royalties or other compensation arising from or related to the use of the Images.
I agree that this WAIVER, RELEASE & INDEMNIFICATION AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the State of Colorado and that, if any portion herein is held to be invalid or unenforceable, the balance shall continue in full legal force and effect. This WAIVER, RELEASE & INDEMNIFICATION AGREEMENT and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its choice-of-law principles.
By my signature below, I acknowledge and represent that I have carefully read this document in its entirety, understand its contents and effect, and am executing it voluntarily of my own free will. December 6, 2023