PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK FOR HIKING, BACKPACKING, ROCK CLIMBING, CANYONING, YOGA, OTHER RELATED MOUNTAINS SPORTS AND CAMPING
In consideration of the services of the Avidya Retreats, their agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on the behalf (hereinafter collectively referred to as “AR”), I hereby agree and release and discharge AR on behalf of myself, my children, my heirs, my assigns, personal representative and estate as follows:
1. I acknowledge that hiking, backpacking, rock climbing, canyoning and all mountain related sports activities entails known and unanticipated risks which 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: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall, or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lightening, weather changes; the risks of falling on the rock, mountain, the risks of exposure to insect or animal bites; the risk of altitude and cold including hypothermia, acute mountain sickness, cerebral and pulmonary edema; the risk of drowning; my own physical condition, and the physical exertion associated with this activity.
Furthermore, AR 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, the elements, or the terrain. They may give inadequate 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 agree to indemnify and hold harmless AR from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AR’s equipment or facilities, including any such claims which allege negligent acts or omissions of AR.
4. Should AR or anyone acting on their behalf, be required to incur attorney’s fee and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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.
6. Accepting the Terms and Conditions of this Agreement. You must agree to the terms and conditions of this Agreement.
By agreeing on 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 rights to maintain a lawsuit against AR on the basis of any claim from which I have released them herein.