Common use of Activities and Risks Clause in Contracts

Activities and Risks. Participating (whether attending, observing or actively participating) in HMI educational, instructional, experiential, recreational and/or adventure activities includes risks. Activities can take place in Colorado, including on and around HMI premises, or in other locations in the U.S. or in foreign countries. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement as “risks”) associated with the activities can cause injury, damage, death or other loss to participant or others. Some, but not all of the activities, which may be mandatory or optional, scheduled or unscheduled, supervised or unsupervised, or occur as independent opportunities (e.g. vacations, special trips, trips with sub-contractors) (collectively referred to in this Agreement as “activities”) include: ● Travel and living in rustic, rural and/or remote mountainous and wilderness settings ● Chores - building fires (inside or outside), splitting firewood, cooking, shoveling snow ● Use of liquid fuel (gasoline) stoves and lanterns ● Transportation in planes, 15 passenger vans & other vehicles ● Wilderness first aid and rescue, real and simulated ● Work or service projects using hand & power tools ● Independent travel or solo time (without direct supervision) ● Mountaineering, backpacking, camping, rock climbing, belaying, rappelling, skiing, canoeing, whitewater rafting, biking, swimming, horseback riding, sports, games, athletic activities ● Participant leadership opportunities (by peers or self) ● Participant socializing and other activities during class time, free, unscheduled and/or independent time, or any other time ● Give and receive constructive feedback while remaining positive and solution oriented ● Leadership & supervision by HMI staff, apprentices (interns) or sub-contractors ● Sustained walking, hiking, running, carrying, and lifting ● Use of any equipment, facilities or premises ● Unpredictable animal behavior (wild or domestic) ● Failure or misuse of equipment (whether participant’s own, or borrowed, rented or purchased from HMI or other source) ● Gas explosion or fire, contaminated water or food or food allergens ● Wireless communication devices that are unreliable in all settings ● Occasional one-on-one supervision by staff or apprentices; no supervision during sleeping hours ● Remote locations, hours or days from help causing delays or complications in communication, evacuation or medical care ● Dangerous road or travel conditions and transportation problems ● Falling down or slipping, being submerged in water, snow or debris ● Animals, insects or microorganisms: stings, bites, poisoning, & blows ● HMI premises risks, including slippery walkways, uneven ground, use of indoor climbing wall or other risks ● Other risks associated with educational, instructional, experiential, recreational &/or adventure activities ● Political unrest, terrorism or warfare ● Contact with unusual diseases or bacteria ● Thievery or abduction ● Primitive, inadequate or inaccessible medical facilities ● Additional delays in transport from a foreign country back to the U.S for medical care ● Laws and legal systems in foreign countries that do not provide the same protections as the U.S. legal system ● Note: Although HMI considers current geo-political climates in choosing program locations, HMI personnel are not experts in assessing the likelihood of terrorist activity, political unrest, the need for vaccinations or other issues. The participant is responsible for conducting his/her/their own independent investigation through the U.S. State Department, U.S. Centers for Disease Control, World Health Organization or other sources. ● Falls, being struck, or colliding with objects or people ● Experiencing vehicle or boat capsize, collision or rollover ● Drowning or suffocation ● Becoming lost or disoriented ● Injuries due to heat, cold, altitude, heavy exertion ● Unusual/unknown or known Illness, infection or disease: long or short term, including animal/insect borne or contagious diseases ● Gastrointestinal problems or allergic reactions ● Dehydration ● Broken bones, concussions, wounds, cuts, ▇▇▇▇▇ ● Hospitalization ● Property damage or loss ● Heart or lung complications ● Mental/emotional trauma, temporary or permanent ● Other injury, damage, paralysis or other permanent disability, death or loss ● Further complications to preexisting physical and mental health conditions ● To read all HMI information received; review, complete and sign the required forms and paperwork and abide by the terms of those documents (e.g. Enrollment Agreement and Medical Forms); ● HMI staff are and have been available, should I have questions about the nature and physical demands of the activities and the associated risks. Parent/s give permission for their child to participate in all activities and agree to discuss the nature of the activities and risks with their child; ● To disclose to HMI any mental, physical or emotional condition/s or limitation/s which might affect participant’s ability to participate and agree that participant is fully capable of participating without causing harm to themselves or others; ● The information provided above or otherwise is not complete, other unknown or unanticipated activities, risks or outcomes may exist and HMI cannot assure participant’s safety or eliminate any of the risks. All participants share in the responsibility for their own well-being; ● HMI contracts with individuals or organizations who are independent contractors (not its employees or agents) to provide some of the services and activities participants may engage in. HMI does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, activities may take place at facilities or on premises not owned by, or associated or affiliated with HMI. HMI does not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises; ● HMI or its contractors require or recommend helmets or other safety gear for some activities. Use of safety gear may prevent or lessen injuries in some instances but is not a guarantee of safety, and injuries can occur even with the use of this gear;

Activities and Risks. Participating (whether attending, observing or actively participating) in HMI educational, instructional, experiential, recreational and/or adventure activities includes risks. Activities can take place in Colorado, including on and around the HMI premises, or in other locations in the U.S. or in foreign countries. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement Document as “risks”) associated with the these activities can cause injury, damage, death or other loss to participant or others. Some, but not all of the activities, which may be mandatory or optional, scheduled or unscheduled, supervised or unsupervised, or occur as independent opportunities (e.g. vacations, special trips, trips with sub-contractors) (collectively referred to in this Agreement Document as “activities”) include: ● Travel and living in rustic, rural and/or remote mountainous and wilderness settings ● Chores - building fires (inside or outside), splitting firewood, cooking, shoveling snow ● Use of liquid fuel (gasoline) stoves and lanterns ● Transportation in planes, 15 passenger vans & other vehicles ● Wilderness first aid and rescue, real and simulated ● Work or service projects using hand & power tools ● Independent travel or solo time (without direct supervision) ● Mountaineering, backpacking, camping, rock climbing, belaying, rappelling, skiing, canoeing, whitewater rafting, biking, swimming, horseback riding, sports, games, athletic activities ● Participant leadership opportunities (by peers or self) ● Participant socializing and other activities during class time, free, unscheduled and/or independent time, or any other time ● Give and receive constructive feedback while remaining positive and solution oriented ● Leadership & supervision by HMI staff, apprentices (interns) or sub-contractors ● Sustained walking, hiking, running, carrying, and lifting ● Use of any equipment, facilities or premises ● Misjudgments by self or others, including HMI staff ● Inappropriate conduct or negligence by self, others, or HMI staff ● Participant's mental, physical, or emotional condition/s (known or unknown, disclosed or undisclosed) combined with participation ● Stressful and emotionally intense wilderness, residential & academic experiences ● Unpredictable weather, extreme cold & heat, storms & lightning, rain, snow, hail ● Unmarked or obscured hazards on land or in water ● Moving water in streams & rivers, whitewater, difficult stream crossings, flash floods ● High altitudes up to or above 10,000 feet ● Steep slopes, difficult terrain, downed trees ● Falling: rocks, ice, snow, branches, and trees ● Snow avalanches, snow, mud or rock slides, & collapsing snow shelters ● Unpredictable animal behavior (wild or domestic) ● Failure or misuse of equipment (whether participant’s own, or borrowed, rented or purchased from HMI or other source) ● Gas explosion or fire, contaminated water or food or food allergens ● Wireless communication devices that are unreliable in all settings ● Occasional one-on-one supervision by staff or apprentices; no supervision during sleeping hours ● Remote locations, hours or days from help causing delays or complications in communication, evacuation or medical care ● Dangerous road or travel conditions and transportation problems ● Falling down or slipping, being submerged in water, snow or debris ● Animals, insects or microorganisms: stings, bites, poisoning, & blows ● HMI premises risks, including slippery walkways, uneven ground, use of indoor climbing wall or other risks ● Other risks associated with educational, instructional, experiential, recreational &/or adventure activities ● Political unrest, terrorism or warfare ● Contact with unusual diseases or bacteria ● Thievery or abduction ● Primitive, inadequate or inaccessible medical facilities ● Additional Additions delays in transport from a foreign country back to the U.S for medical care ● Laws and legal systems in foreign countries that do not provide the same protections as the U.S. legal system ● Note: Although HMI considers current geo-political climates in choosing program locations, HMI personnel are not experts in assessing the likelihood of terrorist activity, political unrest, the need for vaccinations or other issues. The participant is responsible for conducting his/her/their his or her own independent investigation through the U.S. U.S State Department, U.S. Centers for Disease Control, World Health Organization or other sources. ● Falls, being struck, or colliding with objects or people ● Experiencing vehicle or boat capsize, capsize or collision or rollover ● Drowning or suffocation ● Becoming lost or disoriented ● Injuries due to heat, cold, altitude, heavy exertion ● Unusual/unknown or known Illness, infection or disease: long or short term, including animal/insect borne or contagious diseases ● Gastrointestinal problems or allergic reactions ● Dehydration ● Broken bones, concussions, wounds, cuts, ▇▇▇▇▇ ● Hospitalization ● Property damage or loss ● Heart or lung complications ● Mental/emotional trauma, temporary or permanent ● Other injury, damage, paralysis or other permanent disability, death or loss ● Further complications to preexisting physical and mental health conditions ● To read all HMI information received; review, complete and sign the required forms and paperwork and abide by the terms of those documents (e.g. Enrollment Agreement and Medical Forms); ● HMI staff are and have been available, should I have questions about the nature and physical demands of the these activities and the associated risks. Parent/s give permission for their child to participate in all HMI activities and agree to discuss the nature of the these activities and risks with their child; ● To disclose to HMI any mental, physical or emotional condition/s or limitation/s which might affect participant’s ability to participate and agree that participant is fully capable of participating without causing harm to themselves or others; ● The information provided above or otherwise is not complete, other unknown or unanticipated activities, risks or outcomes may exist and HMI cannot assure participant’s safety or eliminate any of the risks. All participants share in the responsibility for their own well-being; ● HMI contracts with individuals or organizations who are independent contractors (not its employees or agents) to provide conduct some of the services and activities participants may engage in. HMI does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, activities may take place at facilities or on premises not owned by, or associated or affiliated with HMI. HMI does not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises; ● HMI or its contractors require or recommend requires helmets or other safety gear for some activities. Use of safety gear may prevent or lessen injuries in some instances but is not a guarantee of safety, and injuries can occur even with the use of this gear;; ● If participant is borrowing, renting or purchasing new or used equipment from HMI, the equipment comes “AS-IS,” and HMI disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) with regard to the equipment. Participant agrees to inspect all equipment before use and notify HMI of any apparent problems or defects with the equipment.