BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY. DO NOT SIGN THIS DOCUMENT UNLESS YOU HAVE READ IT IN FULL AND AGREE TO ITS TERMS.
1. PARTIES
This Agreement is entered into between Women’s Adventure Club, a Pennsylvania organization, and its officers, directors, employees, agents, volunteers, trip leaders, members, sponsors, partners, promoters, affiliates, successors, and assigns (collectively, “Releasees”), and the individual identified by signature below (“Participant” or “I” or “me”).
2. COVERED ACTIVITIES
This Agreement applies to all activities organized, sponsored, or facilitated by Releasees, including but not limited to: hiking, biking, canoeing, kayaking, rafting, paddleboarding, camping, backpacking, snowshoeing, cross-country skiing, swimming, fishing, trail maintenance, cleanups, natural and artificial rock climbing, rappelling, caving, dog activities, geocaching, and any other recreational or educational program offered by Releasees (collectively, “Activities”).
3. THIRD-PARTY OUTFITTERS AND OPERATORS
I understand and acknowledge that certain Activities — including, by way of example, whitewater rafting, ziplining, and horseback riding — are not led, supervised, staffed, or otherwise directly operated by Releasees, but are instead provided by independent third-party outfitters, guides, or operators (“Third-Party Operators”) who are not employees, agents, partners, or subcontractors of Releasees.
For any Activity provided by a Third-Party Operator, I understand that Releasees act solely as a coordinator, organizer, and/or booking facilitator, arranging my registration and participation with the Third-Party Operator as a convenience to Participant. I understand that:
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Releasees do not own, control, supervise, train, staff, or operate the equipment, vehicles, facilities, or personnel used by any Third-Party Operator;
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Each Third-Party Operator maintains its own safety standards, policies, procedures, and insurance, and may require me to sign a separate waiver, release, or rental agreement directly with that Third-Party Operator, which I agree to read and sign as a condition of participation;
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Releasees have undertaken reasonable efforts to select reputable Third-Party Operators, but Releasees do not guarantee or warrant the safety, conduct, competence, equipment, insurance status, or licensure of any Third-Party Operator;
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Any decision, action, omission, instruction, delay, cancellation, schedule or itinerary change, or pricing change made by a Third-Party Operator is the sole responsibility of that Third-Party Operator and not of Releasees; and
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I assume all risk of loss, injury, or damages arising from my engagement with any Third-Party Operator, and I release Releasees from any and all claims arising out of or related to the acts, omissions, negligence, or representations of any Third-Party Operator, to the fullest extent permitted by Pennsylvania law.
Nothing in this Section limits the release, waiver, and indemnification of Releasees set forth elsewhere in this Agreement with respect to Releasees’ own conduct in organizing, coordinating, or facilitating any Activity, including the selection of a Third-Party Operator.
4. ASSUMPTION OF RISK — EXPRESS AND VOLUNTARY
I acknowledge that outdoor recreational activities involve inherent risks of injury, death, and property loss that cannot be eliminated regardless of the care taken by Releasees. I expressly and voluntarily assume ALL risks, both known and unknown, inherent and otherwise, associated with participation in the Activities, including but not limited to:
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Remote locations far from medical facilities; delayed evacuation and emergency response.
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Equipment failure or malfunction despite reasonable maintenance, resulting in loss of control, collision, or submersion.
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Unpredictable terrain including rugged trails, boulder fields, river crossings, snow, ice, and steep or slippery surfaces.
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Environmental hazards including moving water, cold water, insects, snakes, large animals, falling rock, lightning, avalanche, flash floods, and extreme weather without notice.
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Physical conditions including hypothermia, heatstroke, frostbite, dehydration, sunburn, shock, concussion, broken bones, drowning, and death.
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Errors in judgment by trip leaders, instructors, or other participants regarding terrain, conditions, routes, or participant capabilities.
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Unsupervised free time before, during, or after Activities, which is not part of Releasees’ program and is entirely at Participant’s own risk.
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Risks specific to artificial rock climbing including falls, equipment or belay failure, abrasions, and negligence of other climbers or visitors.
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Risks specific to Activities provided by Third-Party Operators, including those described in Section 3 above.
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Any other risk not specifically identified herein.
My participation is purely voluntary. I participate in spite of, and with full knowledge of, all risks. I am not relying on any representation by Releasees regarding the safety of the Activities.
5. RELEASE OF ALL CLAIMS — INCLUDING CLAIMS FOR NEGLIGENCE
In consideration of being permitted to participate in the Activities, I, on behalf of myself, my spouse, my heirs, personal representatives, estate, executors, administrators, assigns, and successors in interest (collectively, “Successors”), HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all claims, demands, losses, liabilities, damages, costs, and causes of action of every kind and nature, whether known or unknown, including claims for:
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Ordinary or gross negligence of Releasees
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Personal injury, bodily injury, illness, disability, or death
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Property damage, loss, or theft
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Emotional distress or psychological harm
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Releasees’ selection, recommendation, or coordination of any Third-Party Operator
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Any other loss arising from participation in the Activities, use of equipment or facilities, or travel to or from any Activity
This Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Pennsylvania and shall be governed by Pennsylvania law. If any portion is held invalid, the remaining provisions shall continue in full force and effect.
6. INDEMNIFICATION AND HOLD HARMLESS
I agree to defend, indemnify, and hold harmless Releasees from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees, court costs, and investigative costs) arising out of or related to: (a) my participation in any Activity, including any Activity provided by a Third-Party Operator; (b) the participation of any minor for whom I have signed this Agreement; (c) any property damage, personal injury, illness, disability, or death involving me, the minor, my family members, or co-participants, rescuers, or spectators; and (d) any claim that Releasees were negligent. This obligation to indemnify shall survive termination of this Agreement.
7. HEALTH, FITNESS, AND SAFETY OBLIGATIONS
I represent and warrant that:
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I have no physical or medical condition, to my knowledge, that would endanger myself or others or prevent my participation in the Activities.
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I am physically fit and possess the skill level appropriate for the Activities in which I choose to participate.
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I will comply with all safety rules, guidelines, applicable laws, and instructions provided by Releasees and, where applicable, any Third-Party Operator.
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I will wear all required safety equipment, including a personal flotation device (PFD) at all times while in any watercraft.
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I acknowledge that situations may arise beyond the immediate control of Releasees and accept responsibility for managing my own safety in such circumstances.
I authorize Releasees to administer first aid, CPR, or AED treatment, and to arrange emergency transport on my behalf (or on behalf of the minor) in the event of illness, injury, or emergency. I understand that all costs of emergency medical services are my sole responsibility. I strongly advise obtaining personal medical and travel insurance prior to participating.
8. PHOTO, VIDEO, AND MEDIA RELEASE
I grant Releasees full, irrevocable permission to photograph, film, record, and use images, video, audio, and other recordings of me (and any minor for whom I sign) taken during Activities for any lawful purpose, including advertising, promotional materials, and social media, without compensation or further consent. I waive all rights of privacy, publicity, or copyright in such materials.
9. AUTHORIZATION FOR MINOR PARTICIPANT
If I am signing on behalf of a minor child, I represent that I am the parent or legal guardian of the minor and have full legal authority to execute this Agreement. I agree that this Release, Assumption of Risk, and Indemnification Agreement applies fully to the minor’s participation and binds me and the minor’s estate, heirs, and successors.
10. GENERAL PROVISIONS
(a) Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
(b) Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions or representations.
(c) Voluntary Execution: I confirm that I have had sufficient opportunity to read this Agreement in full, that I have read and understand it, and that I am signing it voluntarily without duress or coercion.
(d) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any dispute shall be resolved exclusively in the courts of Allegheny County, Pennsylvania.
(e) No Reliance on Oral Statements: I am not relying on any oral or written representations outside this Agreement in deciding to sign it.
