HIKING RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of agreeing to be bound by these terms and conditions. You are entitled to receiving a copy of this document in print and signing it on paper. Outdoorer Excursions will take reasonable steps to notify you about the existence of these terms and conditions. Your participation in hiking and related activities organized by Outdoorer Excursions deems you have agreed to these terms and conditions.
Express Assumption of Risk Associated with Hiking and Related Activities
Outdoorer Excursions will undertake reasonable steps and measures to keep you safe and well on the trails. Such steps and measures include but are not limited to the provision of armed security in some hiking destinations, provision of knowledgeable guides, paramedics, and other support staff, and adequate briefing on ways to keep safe on the trails. You affirm and acknowledge that you have been fully informed of the inherent hazards and risks associated with hiking, transportation of equipment related to the activities, and traveling to and from activity sites, in which you are about to engage. Inherent hazards and risks include but are not limited to:
- Risk of injury from the activity and equipment utilized, which is significant, including the potential for permanent disability and death.
- Falling, causing broken bones, severe injuries to the head, neck, and back, which may result in severe impairment or even death.
- All “acts of nature,” including but not limited to avalanche, rockfall, inclement weather, thunder and lightning, severe and or varied wind, temperature, and other weather conditions.
- Risks associated with crossing, climbing, or down-climbing of rocks, snow, and/or ice.
- Risks associated with river crossings, fordings, or portaging.
- Possible equipment failure and/or malfunction of your own or others’ equipment, which may have been rented, borrowed or personally owned.
- Your own negligence and/or the negligence of others, including employees, agents, independent contractors, or representatives of Outdoorer Excursions, including but not limited to operator failure.
- Cold weather and heat-related injuries and illness, including but not limited to frostnip, frostbite, heat exhaustion, heatstroke, sunburn, hypothermia, and dehydration.
- Attack by or encounter with insects, reptiles, and/or animals.
- Accidents or illnesses occurring in remote places where there are no available medical facilities.
- Fatigue chill, and/or dizziness, which may diminish your individual or collective reaction time and increase the risk of an accident.
- Your sense of balance, physical coordination, and ability to follow instructions.
You understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims, and Indemnity Agreement
In consideration for being permitted to participate in any way in hiking and related activities, you agree, acknowledge, and appreciate that:
- You hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, Outdoorer Excursions, herein referred to as releasees.
- You release the releasees, their officers, directors, employees, representatives, agents, and volunteers, from liability and responsibility whatsoever and for any claims or causes of action that you, your estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, you agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
- By entering into this Agreement, you are not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
Multimedia Content Consent
You also do hereby give permission to Outdoorer Excursions to photograph, videotape, and/or film you and to use your image in photographs, video, and/or film for the purpose of promoting the activities, and programs of Outdoorer Excursions. You understand that you are not entitled to any compensation or rights in these materials, and you release Outdoorer Excursions or any of its agents from any liability for the use of your image for the above-stated purposes.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. You have read this release of liability and assumption of risk agreement, and you fully understand its terms and understand that you have given up legal rights by agreeing to the terms and conditions in it, and you agree to terms freely and voluntarily without any inducement.
This document was last updated on February 24, 2020.