ATIS Junior Program Enrollment, Assumption of Risk, Waiver of Liability, and Indemnity Agreement (Read Carefully Before Signing) This is an important legal Agreement between the registered child (“Participant”), one or both of the Participant’s Parents or a legal guardian (each a “Parent” and collectively “Parents”), and Adirondack Trail Improvement Society, Inc. (“ATIS”), a New York not-for-profit corporation with a mailing address of PO Box 565, Keene Valley, NY 12943. In consideration of ATIS holding a space for the Participant and subsequently allowing the Participant to participate in the program and Activities (defined below), the Participant and Parents hereby agree to the following terms and conditions. I. Essential Safety Rules 1. In all ATIS Activities, programs, and events, the Participant and Parents agree to comply with the policies outlined in this Agreement, all other ATIS policies and procedures which may be provided verbally or in writing from time to time, and all safety instructions given by ATIS volunteers, employees, and program leaders (“staff”). 2. Parents and Participant acknowledge and agree that ATIS’ essential safety policies include but are not limited to the following: A. ATIS follows the “Rule of Three.” This means a Participant may never be alone with a staff member. At least three people must be present at all times. B. The Participant may not be unsupervised during the Activities or at any time during the program. C. The Participant may not use the hiking trails, swimming facilities, boats, rock climbing, and any other high-risk activity areas, facilities, or equipment without proper supervision. A. Participant must wear a life jacket whenever using any boats. D. The Participant shall ask questions of staff if the Participant does not fully understand how to navigate particular terrain or use any piece of equipment or element of the facility or program. E. The Participant shall bring any danger or hazard of which the Participant is aware to the attention of staff immediately. The Participant shall not use equipment or participate in any activity which the Participant believes is dangerous, hazardous, or about which the Participant has any doubts. F. The Participant may not engage in any activity that puts others in danger or causes physical or emotional harm, including by failing to prioritize personal and group safety during activities, not following ATIS policies and safety instructions, or otherwise acting in a careless manner. G. The Participant may not engage in violence, bullying, pranks, hazing, intimidation, or any similar behaviors, which are strictly prohibited (including online and by phone before and after the program). H. The Participant may not engage in discriminatory, harassing, or exclusionary behavior towards others based on any protected characteristic, including but not limited to race, religion, color, national origin, sex, sexual orientation, gender identity, and disability. I. The Participant may not possess or use alcohol, tobacco, e-cigarettes, drugs, weapons, firearms, or fireworks at the program. J. The Participant shall follow “leave no trace” principles. K. The Participant shall comply with all policies, rules, and regulations of program venues/destinations, and the Participant shall follow all applicable local, state, and federal laws. L. With the exception of emergency inhalers, “EpiPens,” and similar medications, the Participant must store all medications with designated staff and may not keep medications in the Participant’s bunk, tent, or on their person. 3. Parents and the Participant acknowledge that ATIS may dismiss the Participant and send them home early: for violating these and other policies; for maintaining an attitude that is not consistent with ATIS’ values; if Parents made false, misleading, or incomplete statements when providing information about the Participant to ATIS; or for any other reason within ATIS’ sole discretion. II. Program Forms, Health Information, and Medical Care 1. Parents and the Participant hereby assume all liability for any negative consequences, including injuries to the Participant or others, which may arise from a failure to provide accurate information on the health form attached to this agreement. 2. Parents and Participant affirm, and have confirmed with Participant’s primary care provider, that the Participant can safely participate in the Activities with or without reasonable modifications. If the Participant requires modifications, then Parents affirm that they have requested, or will promptly request, such modifications in writing from ATIS, in accordance with ATIS’ reasonable modifications policy. 3. In the event of an emergency, Parents authorize ATIS to: make medical decisions on the Parents’ and Participant’s behalf if the Participant becomes ill and before a Parent or emergency contact can be reached; administer emergency, nonemergency, and/or routine medical care and first aid; have the Participant hospitalized and/or use outside medical, surgical, or dental providers (including providers that do not accept the Participant’s insurance); and screen the Participant for communicable diseases before and during the program. In the event of an emergency, ATIS will attempt to contact Parents and/or the Participant’s emergency contact using the contact information provided on the medical form. Parents or the emergency contact will assume decision-making once reached. 4. Except in the case of emergency medications such as inhalers or EpiPens, ATIS staff are not permitted to administer medications to participants. Participant must be capable of self-administering any required medications, under the supervision of staff, and in accordance with ATIS policies. Parents are responsible for ensuring that the Participant understands and is able to follow the prescribed dosage and schedule for any such medications. 5. Parents authorize the following disclosures of the Participant’s medical information, confidential information, and medical condition: A. Parents authorize ATIS’ supervisory and/or medical staff to access and discuss the Participant’s medical form, and to disclose medical information on a need-to-know basis to other ATIS staff to facilitate proper care, supervision, and safety of the Participant. B. Parents authorize any medical, surgical, or dental provider, including any hospital, to communicate with ATIS staff and disclose information to them, about the Participant’s medical condition, treatment, and prognosis. C. Parents authorize ATIS to share the Participant’s medical and confidential information as needed with hospitals, outside medical, surgical, or dental providers, and the emergency contacts listed on the ATIS medical form. 6. Parents acknowledge and agree that they are solely responsible for all costs related to any medical treatment required during or as a result of the program, including but not limited to emergency and non-emergency medical services, prescription medications, emergency transportation (including ambulance or helicopter transport), hospital stays, and follow-up care. Parents shall reimburse ATIS for any medical expenses incurred by ATIS for or on behalf of the Participant, including but not limited to costs paid by ATIS for emergency treatment; under no circumstances shall ATIS be responsible for any such expenses. Parents agree to notify ATIS immediately if they become aware of any injury, illness, or loss incurred by the Participant arising from the Participant’s time in an ATIS program. 7. Parents acknowledge and agree that the Participant has in place, and that it is Parents’ obligation to have in place for Participant, all appropriate insurance to cover the Participant in connection with the Participant’s attendance of the program, including without limitation medical and liability insurance coverage. Parents further acknowledge and agree that ATIS has no obligation to obtain coverage for these purposes, and that any insurance ATIS may have does not diminish Parents’ obligation to obtain appropriate coverage. 8. Parents acknowledge and agree that Parents will keep Participant home if Participant has a communicable disease until Participant is no longer contagious. Parents acknowledge and agree that, in the event of any medical issue, including a minor injury or serious injury, ATIS has the option to mandate treatment at home and require a doctor’s certification before allowing the Participant to return to the program. III. Activities, Nature of Program, and Parental Consent 1. During the program, the Participant may: swim, paddle, use canoes and other boats, and participate in aquatics activities; hike and backpack; traverse natural trails and rocky scrambles; sleep in a tent; rock climb; be around domesticated and wild animals in a rustic outdoor setting; have campfires and cookouts; spend extensive time outdoors, including on rough, uneven, and steep terrain; face adverse weather conditions, sudden changes in weather, and other natural hazards; eat and engage in other activities in a large-group communal setting with many other participants and staff; participate in sports programs; visit various venues that are open to members of the general public, who the program cannot screen or vet; and engage in various other programs and activities that entail inherent risks and dangers (collectively “Activities”). 2. Parents acknowledge and agree that: the Activities and program often take place far from medical personnel and emergency medical facilities; cell phone service and communication channels may be unavailable during certain Activities and programs; in the event of an emergency, it may be impossible to contact medical personnel; even if medical staff are contacted, it may take a significant amount of time for them to arrive to the Participant or for the Participant to reach the medical personnel; and ATIS staff may be trained in basic first-aid but are not health professionals and do not have the medical skills to respond to a wide range of medical emergencies that may occur during the program and while the group is far from medical care. 3. Parents acknowledge and agree that participants eat meals in large-group settings and Participant may be exposed to foods and ingredients to which Participant may have a known or unknown food allergy. ATIS programs are not allergen-free and many foods served during the program include common allergens. 4. Parents are responsible to arrange transportation for the Participant to and from the program. Some families choose to form a carpool with other families. If Parents choose for Participant to join a carpool, then Parents and Participant acknowledge and agree that: they do so at their own risk; the carpool is not organized by ATIS; the drivers are not vetted or paid by ATIS; and the ride is not covered by ATIS’ insurance policy. 5. Parents acknowledge and agree that, during the Participant’s time in the program, ATIS acts “in loco parentis” (in place of the Parents) and makes decisions on behalf of the Participant as needed. Parents authorize ATIS to make relevant decisions on the Participant’s behalf including but not limited to the following: A. Parents authorize the Participant to participate in all current and future activities and programs of which Parents are aware or not aware. These programs and activities include but are not limited to the Activities set forth above. B. Parents authorize ATIS to search the Participant’s possessions for any reason or no reason at all, within the Program’s sole discretion. 6. ATIS staff may answer questions and provide general guidance to Parents and the Participant as to the nature of the Activities and program, but Parents agree that they are solely responsible for determining whether the Participant is physically, mentally, and emotionally capable of safely engaging in the Activities and program. By enrolling the Participant in the program, Parents represent that they have considered the nature of the Activities, the Participant’s individual skills and limitations, and any relevant health or behavioral conditions, and have concluded that the Participant is prepared to participate safely, with or without reasonable modifications. IV. Assumption of Inherent Risk, Waiver of Liability, and Indemnification 1. Regardless of the care taken by ATIS and its staff, participating in the program and Activities entails inherent risks and dangers, including but not limited to vehicular accidents during transportation to and from the program, sports-related and fitness-related injuries, slips, falls, fractures, cuts, sprains, animal-related injuries, insect and reptile bites, injuries caused by adverse weather and environmental factors, allergic reactions to foods and environmental conditions, water-related injuries and drowning, emotional upset and emotional injuries, and harm caused by communicable diseases. These and other inherent risks may lead to minor injuries, catastrophic injuries, and even death. Given the nature of the experience, it is impossible to eliminate all risks or ensure the complete safety of the Participant. 2. Neither Parents nor Participant will hold ATIS or its board members, directors, officers, employees, independent contractors, agents, vendors, volunteers, guests, attorneys, parents, subsidiaries, partners, successors, predecessors, or any of their heirs, agents, or assigns (“Released Parties”) liable if any Parent or Participant is injured or incurs any other loss as a result of an inherent risk of the program or Activities. Parents and the Participant knowingly assume the inherent risks of the program and Activities. Parents and the Participant agree that ATIS is a direct beneficiary of this Agreement and the other Released Parties are deemed third party beneficiaries of this Agreement. 3. Parents release, waive, and discharge the Released Parties from liability for any and all claims, suits, or actions for injury, death, or other loss resulting from the inherent risks of the program and Activities and/or the ordinary negligence of the Released Parties. Parents covenant not to sue or take any other legal action against the Released Parties for any injury, death, or loss resulting from ordinary negligence or an inherent risk of the program or Activities. 4. To the greatest extent permitted by law, Participant releases, waives, and discharges the Released Parties from liability for any and all claims, suits, or actions for injury, death, or other loss resulting from the inherent risks of the program and activities and/or the ordinary negligence of the Released Parties. To the greatest extent permitted by law, Participant covenants not to sue or take any other legal action against the Released Parties for any injury or loss resulting from ordinary negligence or an inherent risk of the program and Activities. 5. To the greatest extent permitted by law, Parents agree to hold harmless, defend, and indemnify the Released Parties (i.e., defend and pay any judgment and costs, including investigation and court costs, and attorney fees) from any and all claims, suits, or actions of the Participant, family members, or others arising from: injury, loss, or communicable disease incurred by the Participant or Parents due to participation in the program or Activities; or any action of the Parents or Participant which causes injury, death, loss, or transmission of communicable disease to others. 6. Parents and the Participant agree to this Assumption of Inherent Risk, Waiver of Liability, and Indemnification on behalf of themselves and their heirs, assigns, personal representatives, and spouses. This Assumption of Inherent Risk, Waiver of Liability, and Indemnification applies today and on all future dates. 7. Nothing in this Agreement absolves the Program from liability for gross negligence, recklessness, or intentional misconduct. V. Other Important Provisions 1. Lost or Stolen Property: Parents acknowledge and agree that personal property may be lost or stolen, clothing may be lost or damaged, and ATIS is not responsible for lost, stolen, or damaged property or clothing. 2. Acknowledgment of Status: Parents acknowledge that ATIS programs are exempt from summer camp registration in the State of New York and are therefore not regulated as camps or inspected by the New York State Department of Health. 3. Care of Property and Equipment: Parents shall reimburse ATIS in full for any property damage, including any graffiti or defacement of ATIS property, that the Participant causes during the program. 4. Media Release: The Parents acknowledge and agree that ATIS may, without further notice, post pictures, audio, and video of the Parents or Participant on social media, ATIS’ website, and in all other marketing or informational materials. The Parents and Participant give ATIS and its agents permission to take photographs and make audio and video recordings of the Parents or Participant, and to use such images and recordings in original or modified form in all media, with or without a name or other information about the Participant or Parents, for the promotion, public education, and/or any other activities of ATIS. The Parents understand and agree that neither they nor the Participant are entitled to any compensation for the use of such photographs and recordings. 5. Directory Information: The Parents acknowledge and agree that ATIS may provide directory information to other parents and Participants, including the Parents’ and Participant’s name, Participant’s birth date, and their contact information. 6. Use of Contact Information: In the registration materials, Parents provide ATIS with their phone numbers and email addresses. Parents consent to ATIS calling them and sending ongoing written communications by email and text message. ATIS uses phone calls, emails, and/or text messages to communicate with families about the Participant, to provide updates from the ATIS community, to describe special events in which Participant may participate, to check on enrollment plans for the following summer, to communicate about medical forms and other forms, and for various other informational and marketing reasons. Parents authorize such communications before, during, and after the program. Parents further authorize ATIS to share their contact information with third parties for marketing purposes and/or to facilitate various third-party services. 7. Force Majeure: Notwithstanding any other provision of this Agreement, ATIS shall not be liable for any failure or delay in providing its program, early closing of the program, or other failure to comply with any obligation arising under this Agreement, which is caused by forces beyond ATIS’ control, including but not limited to: acts of war or terrorism; civil or military disturbances; acts of God; strikes or work stoppages; accidents; lightning strikes; communicable diseases; nuclear or natural catastrophes; or interruption, loss, or malfunction of utilities, communications, or computer services. If the program cannot operate, opens late, or closes early due to one of these events, or another force majeure event, then ATIS will have no obligation to issue a refund. 8. Headings for Reference Only: The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. 9. Interpretation: Unless the context clearly requires otherwise, words used in this Agreement in the singular shall include the plural, and words used in the plural shall include the singular. 10. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, then the Parties request that a court of competent jurisdiction modify such provision to the minimum extent necessary to render it valid while preserving its original intent. If modification is not possible, then the invalid provision shall be severed, and the remaining provisions shall remain in full force and effect. 11. No Waiver of Breach: Parents and the Participant agree that if ATIS does not insist upon strict adherence to any provision of this Agreement, or if ATIS does not enforce its rights upon a breach of any provision of this Agreement, it shall not be deemed a waiver of ATIS’ rights with regard to that provision or any other provision of this Agreement in the future. 12. Venue and Choice of Law: Parents and the Participant acknowledge and agree that if they have a dispute with ATIS or any Released Party that cannot be resolved through direct discussions, then the Parties shall attempt in good faith to settle the dispute through mediation in New York before a mutually acceptable mediator. In the event that a dispute cannot be resolved through direct discussions or mediation, then Parents and the Participant acknowledge and agree that the sole and exclusive venue for any dispute or cause of action related to this Agreement shall be a state or federal court located in the State of New York. Parents and the Participant acknowledge and agree that any dispute or cause of action brought under this contract shall be governed by the laws of the State of New York without giving effect to principles of conflicts of law. 13. Legal Costs: Parents acknowledge and agree that if ATIS initiates legal action, defends against any claim or legal action, or engages in any legal proceeding arising under this Agreement, and ATIS prevails in any part of such action or proceeding, then ATIS shall be entitled to recover its reasonable attorney’s fees and other costs incurred in connection with the action or proceeding, in addition to any other relief to which it may be entitled. 14. Changes to Agreement: Parents acknowledge and agree that any changes to this Agreement must be made in writing, explicitly approved by ATIS, and signed by an authorized member of ATIS leadership. Changes which are not explicitly approved and signed by ATIS shall not modify the terms of this Agreement. If a Parent’s or Participant’s proposed changes are not explicitly accepted and signed by ATIS, but the Participant nevertheless attends the program, then such voluntary participation in the program will be considered acceptance of this Agreement in its unmodified form. 15. Entire Agreement: Parents and the Participant acknowledge and agree that this Agreement and any documents, forms, and policies referenced herein constitutes the entire understanding between the Parties with respect to the subject matter hereof. All prior discussions, communications, or agreements, whether oral or written, are merged into and superseded by this Agreement. 16. Electronic Signature: This Agreement may be executed by electronic signature. Parents and the Participant agree that the electronic signature(s) appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Acknowledgment and Agreement I am a parent/guardian of the below-named Participant and have the legal authority to enter into this Agreement. I have read and understood this Agreement, agree to be bound by its terms and conditions, and have explained its terms and conditions to the Participant, who also agrees to be bound by them. I have obtained permission from all other parents/guardians who have legal authority to make decisions for the Participant to execute this Agreement on their behalf and on behalf of the Participant. I am signing on behalf of myself, the Participant, and any such other parents/guardians. I acknowledge and agree that, by signing below, we are giving up substantial rights, including the right to sue ATIS for injuries resulting from the inherent risks of the program and the ordinary negligence of ATIS. I further acknowledge that the Participant is participating in the program and I am signing this Agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by ATIS, to the greatest extent possible under applicable law. IN WITNESS WHEREOF, I hereby affix my electronic signature below.
May 5, 2025 |
