In consideration of the services of Debbie Jacobs, her agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “the organizer”), I hereby agree to release, indemnify, and discharge the organizer, on behalf of myself, my spouse, my children, may parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participating in guided outdoor recreation trips and travel activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Slipping and falling; falling objects; water hazards and falling out of while in a raft, canoe or kayak; accidental drowning; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration and exposure to potentially dangerous wild or domestic animals, insect bites and hazardous plant life; equipment failure; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; and improper lifting or carrying.
Furthermore, the organizer and employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and, and agree to indemnify and hold harmless the organizer from any and all claims, demands, or causes of action, which are in any way connected with my participation in in this activity or my use of the organizer’s equipment or facilities, including any such claims which allege negligent acts or omissions of the organizer.
4. Should the organizer or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I understand that the organizer may contract with independent contractors to provide services on this trip, including, but not limited to, transportation and guide services. I understand and acknowledge that the organizer has no control over and assume no responsibility for the actions of any independent contractors involved in providing any services on this trip.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
7. In the event that I file a lawsuit against the organizer, I agree to do so solely in the state of Vermont, and I further agree that the substantive law of Vermont shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the organizer on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Signature of Participant_______________________Print Name_______________
I will_____ will not_____ be taking out trip cancellation/interruption insurance.
Please sign and return to:
2458 River Road
Guilford VT 05301 USA