RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I the participant (participant defined as the person reading, reviewing, acknowledging this form by signature or electronic acknowledgement) IN CONSIDERATION of being permitted to participate, compete, officiate, volunteer with, work for, or observe in any way in or on the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type advertised, promoted, organized, or conducted by OutdoorsCO LLC all for the purpose herein referred to as Company and it’s internal agents, suppliers, promoters, sponsors, and marketing agencies, all for the purpose herein referred to as “Releases”, additionally any permission to enter for any purpose any RESTRICTED AREA (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), the PARTICIPANT, for himself (defined as male or female), his (defined as male or female), personal representatives, heirs, and next of kin:
1. HEREBY REPRESENTS, ACKNOWLEDGES, AND AGREES that OutdoorsCO, LLC (the “Company”) and its agents and volunteers are acting as independent intermediaries for other suppliers of goods and services.
2. HEREBY REPRESENTS, ACKNOWLEDGES, AND AGREES that with signature, electronic acknowledgement, payment, and or by participating in any ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type advertised, promoted, sponsored, organized, or conducted by the company, that the Participant does so voluntarily.
3. HEREBY ACKNOWLEDGES that he has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he/she further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type.
4. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE any company owners, company contractors, company suppliers, promoters, sponsors, advertisers, participants, competitors, officials, volunteers, rescue personnel, owners and or lessees of premises used to conduct the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type and each of them, their owners, directors, officers, agents and employees, all for the purpose herein referred to as “Releases,” FROM ALL LIABILITY TO THE PARTICIPANT, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE PARTICIPANT ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIENCE OF THE RELEASEES OR OTHERWISE.
5. HEREBY ASSUMES all risks associated with said ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type.
6. HEREBY AGREES and acknowledges that the company’s ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type are inherently VERY DANGEROUS, sometimes unpredictable and involve the risk of serious injury and/or death and/or property damage. Each of THE PARTICIPANTS, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY RESCUE OPERATIONS OR PROCEDURES and/or the NEGLIGENCE OF THE RELEASEES.
7. HEREBY AGREES not to engage passively or actively in any action, verbal exchange, deed, or any other act that may or would endanger any other Participant(s).
8. HEREBY RELEASES and forever discharges the Company and Company and Releasees from all claims, actions or judgments sought by Participant, its successors, heirs or assigns and furthermore agrees that any restitution or damages, if any, shall be sought directly from the suppliers.
9. HEREBY ACKNOWLEDGES, AND AGREES that by participating in/on any activity, event, meal, lodging, transportation, tour, or travel of any type to hold the Company and Releasees harmless for the coordination and facilitation of the any arrangements on his behalf.
10. HEREBY AGREES act responsibly and follow the instructions from emergency personnel, guides, tour operators, or the company’s internal Agents, volunteers, or Releasees while participating in/on the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type.
11. HEREBY AGREES to act not use any organic compounds, alcohol, pharmaceuticals, or any other substance that may impair their ability to exercise full physical control and the use of proper judgment in/on the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type advertised, promoted, organized, or conducted by the company
12. HEREBY REPRESENTS AND AGREES that the Participant is in good health, is physically able, has no health or medical condition that would endanger their ability, and possess the proper training to enable them to participate in/on the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL organized by the company and that they assume and acknowledge the risk for their participation.
13. HEREBY ACKNOWLEDGES that the company does not directly supply any goods or services and are instead provided by outside Contractors or other Participants, which may include, but are not limited to, lodging, transportation (which may include, but is also not limited to, carpooling, air travel, bus, water vehicles or railroad transportation), meals, tours, other activities, event tickets and cruises.
13. HEREBY ACCEPTS that should the Company, its internal Agents or Volunteers provide promotional items, meals, tours, transportation, or other activities that the Company and Releasees shall take no responsibility for, and will not be liable for any injury and or damages caused by said Suppliers, Volunteers or Participants as a result of actions or omissions resulting in any loss, damage, delays, personal injury and/or death of the Participant.
15. HEREBY UNDERSTANDS that the Participant is never required to accept any promotional item or participate in any activity, event, meal, lodging, transportation, tour, or travel of any type.
16. HEREBY ACKNOWLEDGES, AND AGREES that any company activities, events, meals, lodging, transportation, tours, or travel of any type are paid for in advance, and that once a Participant elects to participate and has made a deposit towards or paid for the activity, event, meal, lodging, transportation, tour, or travel of any type, no refund shall be due the Participant for their failure to participate, for any reason. Further the participant is advised to obtain appropriate insurance coverage against any risks associated with said activity.
17. HEREBY ACCEPTS that the Company and Releasees, reserve the right to exclude any Participant, without the benefit of a refund or recourse, if the Company or its agents believe the Participant by his/her conduct poses a risk to themselves, the Participants or other Third Parties.
18. HEREBY UNDERSTANDS and ACKNOWLEDGES that the Company does not screen nor conducts background checks on any of its trip, activity or event participants, vendors or suppliers, and the Company assumes no liability for the independent acts of any Participants. Therefore, each Participant has a duty to be vigilant and use their own common sense, and take all necessary precautions with regard to the protection of their personal property and of their own person, when interacting with Company, the Releasees and Suppliers.
19. HEREBY UNDERSTANDS that in the event of Cancellation of the trip, for any reason, at its discretion the Company will only give refunds after all of its expenses have been accounted for. Furthermore it is advised and recommended that Participants obtain Trip Cancellation Insurance for any contingencies that may arise.
20. HEREBY REPRESENTS AND AGREES that the Company and Releasees are not responsible for other risks including, but is not limited to: warning signs, restricted areas, climactic conditions, ignorance or ignoring of equipment parameters or instructions, terrorist activities, social or labor unrest, mechanical or construction difficulties, disease, damages resulting from the lack of observance of local laws, equipment parameters, climactic conditions, instructions from emergency personnel, guides, tour operators, or the company’s internal Agents, volunteers, or Releasees or any other actions, omissions or conditions outside of the Company’s control.
21. The Participant also agrees to complete fully any Company questionnaire with relevant, current and accurate information.
THE PARTICPANT ACKNOWLEDGES THAT HE HAS READ AND REVIEWED THE FOREGOING RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND AGREES UNCONDITIONALLY TO AND FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT HE HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND WHEN CHECKING THE ONLINE AGREEMENT OPTION AND/OR REMITTING PAYMENT AND/OR PARTICIPATING IN ACTIVITY(IES), EVENT(S), TRIP(S), AND OR TRAVEL OF ANY TYPE TO BE A COMPLETEAND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE PROVINCE OR STATE IN WHICH THE ACTIVITY(IES), EVENT(S), TRIP(S), AND OR TRAVEL OF ANY TYPE IS/ARE CONDUCTED AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
USE OF LIKENESS
I the participant (participant defined as the person reading, reviewing, acknowledging this form by signature or electronic acknowledgement) IN CONSIDERATION of being permitted to participate, compete, officiate, volunteer with, work for, or observe in any way in or on the ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type advertised, promoted, organized, or conducted by OutdoorsCO LLC all for the purpose herein referred to as Company and it’s internal agents, suppliers, promoters, sponsors, and marketing agencies, all for the purpose herein referred to as “Releases”, for himself (defined as male or female), his (defined as male or female), personal representatives, heirs, and next of kin:
1. HEREBY ACKNOWLEDGES, AGREES, REPRESENTS, PERMITS, AND AUTHORIZES the UNCONDITIONAL use of any likeness, photograph, audio, video tape or statement taken by Company, Participants or other sources from any function(s), ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type and deemed by Company to be in good and/or relevant taste, may be copied and distributed by means of various media, including, but not limited to: AV, slide, computer or video presentations, television, news bulletins, mailouts, billboards, signs, brochures, advertising, newsletter(s), electronic publication, placement on relevant websites, in any Company related publicity, website or any other use specifically for the marketing and/or promotion of and/or public awareness of the Company and or its function(s), ACTIVITY(IES), EVENT(S), TRIP(S), and or TRAVEL of any type.
2. HEREBY ACKNOWLEDGES that the company cannot warranty or guarantee that any further dissemination of my photograph or likeness will be subject to company supervision or control. Accordingly, I release the Company and Releasees from any and all liability related to dissemination of my photograph or likeness.
3. HEREBY AUTHORIZES AND AGREES, that the Company owns all copyrights and other property interests in any photographs likeness, photograph, audio, video tape or statement taken by or for Company.
THE PARTICPANT ACKNOWLEDGES THAT HE HAS READ AND REVIEWED THE FOREGOING USE OF LIKENESS, AND AGREES UNCONDITIONALLY TO AND FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT HE HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND WHEN CHECKING THE ONLINE AGREEMENT OPTION AND/OR REMITTING PAYMENT AND/OR PARTICIPATING IN ACTIVITY(IES), EVENT(S), TRIP(S), AND OR TRAVEL OF ANY TYPE TO BE A COMPLETEAND UNCONDITIONAL RELEASE OF ALL LIABILITY related to dissemination of my photograph or likeness TO THE GREATEST EXTENT ALLOWED BY LAW AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE PROVINCE OR STATE IN WHICH THE ACTIVITY(IES), EVENT(S), TRIP(S), AND OR TRAVEL OF ANY TYPE IS/ARE CONDUCTED AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
© OutdoorsCO, LLC 2007, 2008, 2009, 2010, 2011
