THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration for my being permitted to participate in the Pura Vida / Trinity UMC Mountain Retreat, I agree to the following waiver and release:
I acknowledge that backcountry and wilderness travel have inherent risks, hazards and dangers that cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I UNDERSTAND THAT THESE RISKS, HAZARDS AND DANGERS INCLUDE WITHOUT LIMITATION:
(1) Risks arising from any activities in areas that are not patrolled or policed; where trail or road conditions vary and are not maintained or controlled and are unpredictable and changeable; where objects are not marked and hazards may not be visible; where weather is changeable and unpredictable;
(2) Risks involved in decision making and route finding in a wilderness environment in mountainous terrain; and risks of getting lost and of not reaching the hut;
(3) Such other risks, hazards and dangers that are inherent in and integral to wilderness travel and outdoor activities such as hiking, horseback riding, bicycling and motorized vehicle travel in a wilderness environment in mountainous terrain.
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I have read the information provided to me by 10th Mountain through my group leader concerning the activities involved in the Pura Vida / Trinity UMC Mountain Retreat. I also acknowledge that the group leader has been available to more fully explain to me the risks, hazards and dangers of the Pura Vida / Trinity UMC Mountain Retreat. I understand that the retreat will take place in a wilderness environment in mountainous terrain may require good physical conditioning and a degree of skill and knowledge different from other activities. I understand that I have responsibilities as a backcountry user. I AM VOLUNTARILY PARTICIPATING IN THE Pura Vida / Trinity UMC Mountain Retreat WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH.
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Lastly, I for myself, my heirs, successors, executors and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Trinity United Methodist Church, group leaders and trip organizers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) and ORDINARY NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis or death to me or my property as a result of the Pura Vida / Trinity UMC Mountain Retreat, the use of their information services and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis or death results from ORDINARY NEGLIGENCE of Trinity United Methodist Church and the group leaders and trip organizers, or from some other cause. I, for myself, my heirs, my successors, executors and subrogees further agree not to sue Trinity United Methodist Church and the group leaders and trip organizers as a result of any injury, paralysis or death suffered in connection with the Pura Vida / Trinity UMC Mountain Retreat. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.
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I have carefully
read, clearly understand and voluntarily sign this use, waiver and release agreement.
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| Signature | Date |
| Trip Dates: July 4 - 7, 2008 | |
If under 18 years of age, parent, guardian, or custodian must sign the following Indemnification.
INDEMNIFICATIONIn consideration for the above minor being permitted to participate in the Pura Vida / Trinity UMC Mountain Retreat, I agree to the following waiver, release and indemnification: The undersigned parent, guardian, or custodian of the above minor, for themselves and on behalf of said minor, hereby joins in the foregoing waiver and release and hereby stipulates and agrees to save and hold harmless, indemnify and forever defend Pura Vida Ministries, Trinity United Methodist Church, group leaders and trip organizers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorney’s fees) and ORDINARY NEGLIGENCE made or brought by said minor or by anyone on behalf of said minor, as a result of said minor’s participation in the activities of Pura Vida / Trinity UMC Mountain Retreat, and said minors use of the property and facilities of 10th Mountain, SHA, Other Hut Owners and Operators and all landowners. I, for myself and on behalf of said minor, further agree not to sue Pura Vida Ministries, Trinity United Methodist Church, group leaders and trip organizers as a result of any injury, paralysis or death that said minor suffers in connection with the Pura Vida / Trinity UMC Mountain Retreat.
Parent, guardian, or custodian should also initial the designated places on the front page. | ||||||||||