Women's Adventure Club of Western PA
Acknowledgment and Assumption of Risk
Please fill out the following form to help us understand your physical condition.
I acknowledge that by signing this document, I am releasing Women's Adventure Club of Western PA, and their respective agents, employees, volunteer guides, members, sponsors, promoters, partners, officers, directors, and affiliates (collectively "Releasees") from any and all liability. This release form is a contract with legal consequences. PLEASE READ CAREFULLY BEFORE SIGNING.
Activities covered by this document include: hiking, biking, kayaking, rafting, paddleboarding, camping, packpacking, snowshoeing, cross country skiing, alpine skiing, trail maintenance, natural and artificial rock climbing, archery, skeet shooting, caving, and any other recreational or educational program offered by the Releasees.
ASSUMPTION OF RISK: Outdoor recreation, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees have taken to avoid injuries. I acknowledge that the same elements that contribute to the unique character of these activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death. The following describes some, but not all, of those risks:
Courses and outings may occur in remote places, many miles from medical facilities. Communication and transportation can be difficult and sometimes evacuations and medical care may be significantly delayed.
Equipment may fail or malfunction, despite reasonable maintenance and use. Attendant risks include loss of control of bicycle, collision with other participants, natural or man-made obstacles whether obvious or not.
Travel is by vehicle, snowshoe, skis, foot, kayak, bicycle, paddleboard and other means over unpredictable environments, including: rugged terrain, boulder fields, downed timber, rivers, rapids, river crossings, snow and ice, steep slopes, loose stones, and slippery rocks. Attendant risks include scrapes, bruises, cuts, broken bones, concussion, submersion in water, falling, drowning, and others usually associated with such travel, including environmental risks. These are only some examples of such risks.
Environmental risks and hazards include rapidly moving, deep or cold water, insects, snakes or predators, including large animals; falling and rolling rock; lightening, avalanches, flash floods and unpredictable, forces of nature, including weather which may change to extreme conditions without notice and result in unpleasant conditions. Possible injuries and illnesses include hypothermia, shock, frostbite, sunburn, heatstroke, dehydration, and other mild or serious conditions. These are only some of the examples of such injuries.
Activities are conducted indoors and outdoors, day and night.
Decisions are made by the trip leaders, instructors, and participants based on a variety of perception and evaluations which by their nature are imprecise and subject to reasonable errors in judgement. Misjudgment may pertain to, among other things, a participant's capabilities, environment, terrain, water and weather conditions, natural hazards, routes and medical concerns.
I am aware that these outdoor activities include risks of personal property damage or loss, bodily injury or death. I understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury, or death. I agree to assume responsibility for the inherent risks both identified herein and not specifically identified. I acknowledge that engaging in these activities may require a degree of skill, fitness level and knowledge different from other activities, and that the staff and volunteers of the Releasees have been available to more fully explain to me the nature, risks, and physical demands associated with these activities. My participation in these activities is purely voluntary and I elect to participate in spite of and with full knowledge of all inherent risks and all other risks. I personally, knowingly, and voluntarily assume all these risks and all other risks. By signing below, I personally, freely, and expressly assume and accept any and all risks of injury, death, property loss, and all other possible losses which might be attributable to Releasees.
RELEASE: In consideration for Releasees allowing me to participate in these activities, I (and behalf of my spouce, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors")) agree to forever release and discharge the Releasees. This includes sponsors, event organizers, property owners, law enforcement agencies, all public entities, and their respective agents, officials, volunteers, management and employees through or by which the activities will be conducted. I acknowledge and realize that by signing this two page document I am waiving and contractually agreeing to waive all of my rights to sue and/or bring any type of lawsuit for any loss against any of the entities, individuals, and Releasees as set forth above and described herein. I fully understand that this agreement to not bring any type of lawsuit claims I might have for the ordinary negligence and/or carelessness of Releasees. This release is for any type of claim, including any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my participation in these activities or use of any equipment or facilities, or travel to or return from the activities.
INDEMNIFICATION: I agree to hold harmless, defend, and indemnify Releasees from all defense costs (including attorney fees, court costs and investigative costs) incurred in connection with all claims arising out of property damage, property loss or theft, personal injury, disability, death or other loss brought by or on behalf of me, a family member, my estate, as well as claims of co-participants, rescuers, spectators, or any other person arising from or relating to my use of the equipment, facilities, and/or participation in the activities, including claims that the Releasees were negligent.
HEALTH/SAFETY: I agree it is my sole responsibility to be familiar with the Releasees' rules, guidelines, special regulations, and other instructors for the activities. I understand and agree that situations may arise during the activities that may be beyond the immediate control of the Releasees. I will follow all safety rules, guidelines, applicable laws, and other instrutions given. I will wear required safety equipment, including wearing a PFD at all times while in any watercraft. I have no physical or medical condition that to my knowledge would endanger others or myself if I participate in these activities, or would interfere with my ability to participate in these activities. I grant Releasees permission to treat me in case of illness, injury, emergency or accident, including administering first aid, CPR, AED or arranging emergency transport. Should emergency medical services become necessary, I understand that the expenses are my responsibility and not that of the Releasees. Personal medical and travel insurance is strongly advised for all participants.
PHOTO WAIVER: I hereby grant full permission for Women's Adventure Club of Western PA and their respective agents, boards, commissions, and any other involved parties of the foregoing to take and use photographs, video, film, or any other record of these activities, including my name, likeness and/or voice for any legitimate purpose, including for advertising display, audiovisual presentations or otherwise. I waive any right of privacy, publicity, compensation, copyright or other rights to those images.
SEVERABILITY: Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children and other family members.
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT ALL ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT.