The undersigned parent or legal guardian “you” and the undersigned minor individual “Participant”, or you as an adult Participant, in consideration for the right to participate in the Summit Journeys’ (“SJ”) adventures, camp, workshop, class, clinic, event, or trip (“Program”), hereby agree to all the terms and conditions set forth in this Waiver and Release (this “Agreement”).
As the Participant, I recognize that the “Activities” may have a risk of personal injury and/or damage to my personal property. I hereby freely assume all risks which may be associated with or result from participating in the Activity, including but not limited to:
1. Travel to and from, instruction, participation, adventure, Activities, and or medical treatment. I understand and acknowledge that transportation to and from program activities may be provided by staff, volunteers, or other participants using personal vehicles. I acknowledge that riding in any vehicle—whether driven by a staff member, volunteer, or another participant—carries inherent risks, including but not limited to accidents, personal injury, or property damage. I voluntarily assume all risks associated with such transportation, and hereby release, waive, discharge, and hold harmless SJ, its officers, employees, volunteers, agents, and affiliated partners from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my child while being transported in a personal vehicle.
2. Risks involved in physical activity. These Activities may include running, sliding, jumping, falling, hiking, biking, snow travel, climbing, paddling, and repetitive lifting. These Activities may take place during the day or night, and visibility may be significantly reduced. Activities may also include participation in camping and sleeping outdoors, cooking meals over a fire, immersion in cold water streams and lakes, indoor and outdoor rock climbing, ropes course activities, swimming, hiking, backpacking, snowshoeing, cross-country and downhill skiing, ski touring, snowshoeing, mountain biking, road biking, rafting, kayaking, sailing, challenge courses, and all travel associated with these activities (collectively, “Activities”). You alone are responsible for deciding whether the Participant should engage in some or all of the Activities. If Participant is not familiar or comfortable with an Activity, you agree that Participant will not participate in such Activity.
3. Objective Risks present in an outdoor environment. These risks include travel where trails or routes may not be groomed, maintained, or controlled, or where trails do not exist. While traveling in these areas, hazards may not be marked or visible; weather is changeable, unpredictable, inclement, and dangerous year-round. Many environmental risks are present and may include lightning, storms, swift-moving water, falling rocks, snow and ice, avalanche dangers, fallen timber, bees and other stinging insects, wild animals, and other natural hazards and dangers that do not typically exist in an urban setting. Other risks may be present due to negligent behavior or poor judgment from other parties not associated with Summit Journeys.
4. Subjective Risks in Decision-Making. The SJ staff must make various judgments and decisions as they conduct educational and/or adventure activities in changing indoor and outdoor environments. These judgments and decisions are, by their nature, imprecise and subject to error. Consequently, there are risks involved in staff decision-making and conduct, including, without limitation, the risk that an SJ representative may misjudge a participant’s capabilities, weather, terrain, water level and flow rate, route location, environmental hazard, and or medical treatment
5. Risk of equipment failure. Equipment used may break, fail, or malfunction, despite reasonable maintenance and use.
6. Risks connected with geographic location. SJ Activities may take place in remote places, several hours or days from any medical facility, where communication and transportation are difficult, where evacuation or medical care may be significantly delayed, and where advanced medical care may be impossible.
7. Because certain activities are contraindicated with certain medical conditions, I affirm that if I have any mental or physical conditions or limitations that might compromise or affect my ability to participate in SJ activities, I have discussed them with a licensed physician. Furthermore, if my physician or I feel it is important to share this medical condition with the SJ and/or its staff, I will do so.
8. I agree that the SJ has no responsibility for medical care provided to me, and I agree to pay all costs associated with such care. Medical services may be limited or unavailable.
9. I understand that the above description of risks is not complete, and that other unknown or unanticipated risks, hazards, and dangers may result in injury, damage, death, or other loss. I acknowledge that participating in these activities may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant to acknowledge my own limitations and take responsibility for my own acquisition of relevant skills and knowledge. I understand that such risks simply cannot be eliminated without jeopardizing the essential quality of the activity. I hereby freely assume all risks which may be associated with or result from participating in the Activity.
10. Media Release: I authorize and release to Summit Journeys the use of my image or likeness in any photograph, audio recording, or video recording for any purpose of Summit Journeys with no compensation of any kind afforded to me.
I further agree to release Summit Journeys, their officers, employees, agents, contractors and volunteers (“Releasees”) from any and all liability, claims, demands, actions, loss, claim, damage, injury, illness, or harm (“Claims”) to me of any kind or nature arising out of participation in the Activities.
