Common use of Inherent Risks Clause in Contracts

Inherent Risks. I acknowledge that any water related activity such as rafting, tubing, canoeing or kayaking entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment (such as life jackets) increases my risk of injury or of not surviving an accident or incident while doing a water related activity. The inherent risks associated with the activity in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the water craft may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak could occur resulting in collision or capsizing or sinking and that if a boat turns over or flips I could be "washed" overboard; boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the boat and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft, tube, canoe or kayak; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activities. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant 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/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:

Appears in 1 contract

Sources: Participant Assumption of Risks, Acknowledgment of Inherent Risks and Indemnity Agreement

Inherent Risks. I acknowledge that my participation in a river trip, hiking trip or any water related activity such as rafting, tubing, canoeing or kayaking scenic tour 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 and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand The inherent rafting risks include, among other things: that physical and acknowledge that failing to use or properly use safety type equipment water related activities (such as life jacketsfloating or rafting) increases my risk of injury can be strenuous and should not be participated in by persons with heart or of not surviving an accident or incident while doing a water related activity. The inherent risks associated with the activity in which I am about to participate include, but are not limited to: encountering cardiovascular ailments; whitewater rapids and will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro and shaken about fro, separated from my water craft or boat, etc. during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oarsthe canoe/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the water craft raft may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak canoe/raft could occur resulting in collision or capsizing or sinking and that if a boat canoe/raft turns over or flips I could be "washed" overboard; boats canoe/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak canoe/raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the boat canoe/raft or canoeing/rafting areas and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as brush, cacti, tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat c a n o e /raft or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged semi submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on again your boat could turn over and/or you could have to swim rapids risking collision with rocks and off the raft, tube, canoe or kayakentanglement in trees; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that also prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases and/or death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activities. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant 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/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:

Appears in 1 contract

Sources: Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement

Inherent Risks. I acknowledge that any water related adventure activity such as rafting/canoeing/kayaking, tubinghiking, canoeing camping and/or motorized Jeep or kayaking entails ATV style activities entail known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activitythese activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in FFOC events/activities. I also understand and acknowledge that failing to use or properly use safety type equipment (such as life jackets) increases my risk of injury or of not surviving an accident or incident while doing a water related activityparticipating in adventure activities. The inherent risks associated with the rafting, canoeing, kayaking or general water related activity (hereafter "boating") in which I am about to participate in include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro from and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movementboat; the water craft boat may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak boat could occur resulting in collision or capsizing or sinking and that if a boat turns over or flips I could be "washed" overboard; boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak boat even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; . I can slip or fall during hiking or portaging or getting to and from the boat and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raftboat. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in FFOC events/activities. I acknowledge that ATV or Jeep vehicle operation, tubetravel or riding and all other activities, canoe hazards and exposures associated with the FFOC guided adventure rides involve inherent risks which specifically include, but are not limited to the following. ATV or kayakJeep operation or riding may involve the improper operation or use of the vehicle by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all traffic laws and safety rules or instructions given to the participant by FFOC, the participant failing to understand the safety directions due to language issues, the participant failing to be alert to oncoming traffic, excessive power surges due to improper throttle usage, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the vehicle is in motion, participants riding side by side on one lane trails/roads, participants failing to keep proper distance between vehicles (“tailgating”) and/or the participant failing to seek assistance or guidance when uncomfortable or unsure of him or herself or of the situation. Riders are exposed to risks associated with use of the equipment and risks from riding or touring with other participants. Riders may become lost or separated from their guides or riding/touring companions in remote areas, rugged terrain or bad weather. Riders are exposed to risks associated with use of the equipment; changing while each ATV/Jeep receives routine maintenance and is inspected for proper operation before each tour, the equipment may not be properly or timely maintained and client riders accept full responsibility for personally inspecting the vehicle for proper functioning both before the tour begins and again each day before riding or use begins. While each client/rider must demonstrate familiarity with the safe use of the ATV/Jeep before being allowed to participate in any tour, ultimately FFOC cannot control the actions of individual riders or the riders in any given group as a whole. I acknowledge that FFOC hiking events/activities entail known, unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property or to third parties. Hiking activities are most commonly exploratory in nature and I acknowledge that the inherent risks associated with these activities includes but is not limited to the following: I can slip or fall during hiking; I understand that the areas in which I might hike and/or which are used by FFOC for its activities include beautiful mountain, valley and desert terrain; the natural beauty of these areas sometimes hide dangerous obstacles which present additional inherent risks. Those obstacles or risks include, but are not limited to: roots, branches and other debris on the trails, tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions, snakes and other animals or insects and varying and difficult conditions. I acknowledge that it is my sole responsibility to observe and make myself familiar with the areas in which FFOC activities occur. Participants may become lost or separated from their companions in wild and rugged terrain, or bad weather. I acknowledge that I may encounter hazards such as: loose, falling, rolling and breaking rock; unstable or loose rock, talus and/or scree slopes, boulders; or massive loosening and movement of dirt and rock. I specifically acknowledge also that FFOC events/activities may involve lodging/camping/bivouacking in rustic and rugged situations which may present “comfort style” issues for which I accept responsibility. I acknowledge that food preparation is an integral part of some of these activities and that I and other participants may be eating in the outdoors or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform FFOC of any specific food related allergies. Water purification systems may or may not be used and/or may or may not function correctly; I specifically acknowledge that, in the event I choose to consume alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to FFOC, its property or to other guests. I acknowledge that my time at FFOC events/activities may require me to use equipment (IE – tents, stoves, water filtration, etc.) that I might not be familiar with and will require me to interact with other guests and participants with whom I am also unfamiliar; any of these things can cause my discomfort and stress and have inherent risks. I acknowledge that I could be left alone, unsupervised and/or out of contact with a guide/staff person for extended periods of time. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. I acknowledge that, in the remote locations used by FFOC, participants may experience extreme environmental and/or weather conditions, storms or even lightening are possible; exposure . Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ participants ability to react or respond; I understand that prolonged exposure to cold water can result in "cold water immersion" syndrome or "cold shock," hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, ▇▇▇▇▇, fractures, cold water immersion cuts, and/or wounds and trauma to the head or body. Participants may encounter dangerous wildlife or insects. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain rain, storms or snow, stormslightening, extreme temperature variations, etc., can occur. I acknowledge that my time participating Communication in M.R.A. events/the terrain used by FFOC for its activities can be difficult and in the event of an accident, rescue and medical treatment may require me to use technical equipment (IE – canoesbe significantly delayed or unavailable. As in all activities which are part of the FFOC adventure, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I FFOC or other participants its staff may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or othersmisjudge some of these issues. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. FFOC has taken reasonable and recommended measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is ultimately my sole responsibility to safe guard safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. FFOC cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. FFOC participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. is not a “Common Carrier” but rather is I may choose to participate in the business of providing boating/floating activities that are conducted by myself or in my own group without FFOC guides and other recreation activitiesover which FFOC will have no control (IE – canoe or kayak rentals). Transportation to and from Those activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. myself or staff operating my group for which FFOC can bear no liability. I acknowledge that FFOC is I understand and expressly acknowledge that I have responsibilities, including the vans, buses, cars responsibility for my own safety while participating in any or other type transport vehicles. The vehicles and transport trailers may malfunction, break down all of the activities associated with or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors FFOC I also acknowledge that I have the responsibility to M.R.A. inspect any and may involve errors in judgment by those independent contractorsall facilities or equipment to be used and to immediately advise FFOC of anything which I consider to be unsafe or to refuse to participate. Furthermore, M.R.A. FFOC guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant=s 's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also specifically acknowledge that I have the responsibility decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to inspect any errors in judgment that cannot and all facilities or equipment to should not be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:associated with fault at a later point in time.

Appears in 1 contract

Sources: Release of Liability Agreement

Inherent Risks. I acknowledge that any water water-related activity such as rafting, tubing, canoeing or kayaking rafting entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day-to-day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment (such as life jackets) increases my risk of injury or of not surviving an accident or incident while doing a water related activityrafting. The inherent risks associated with the activity rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro fro, and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe ; there may be errors in food storage or kayakpreparations; I recognize there are may be foot cups or foot holds in watercraft rafts which may assist in stabilizing or holding myself or others in the watercraft raft but which may present an increased risk of knee, ankle ankle, or other injury as a result of restricted movement; the water craft raft may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak raft could occur resulting in collision or capsizing or sinking and that if a boat raft turns over or flips flips, I could be "washed" overboard; boats rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak raft even in flat or non-moving water; while in the water water, I may become disoriented, panicked panicked, and/or experience trauma from rocks, boulders, etc.; I can slip or fall during hiking or portaging or getting to and from the boat raft, and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat raft or any portion of it may collide with or encounter other boatsrafts, man-made made, or natural objects including submerged or semisubmerged semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft, tube, canoe or kayak; changing weather conditions, storms storms, or even lightening lightning are possible; exposure to the natural elements can be uncomfortable and/or harmful harmful, and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia cardio- pulmonary issues, cardiac arrest, hypothermia, and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. M.R.B. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, activities that M.R.A. cannot are provided by other vendors or operators over which M.R.B. has no control. Those activities are incidental to the activities provided by M.R.B. and will not have any legal liabilities toward me if I contract the virus. On may involve errors in judgment by the other hand, if it is determined that I acted negligently vendors or unreasonably and was responsible operators for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittalwhich M.R.B. can bear no liability. I acknowledge that M.R.A. M.R.B. is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activitiesrafting or adventure type trips. Transportation to and from activities the activity is incidental to the activity. Transport and car, bus bus, or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees M.R.B. and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down down, or be poorly maintained, causing injury, accidents, delays or or, in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff M.R.B. guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant=s ’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary, and subjective perceptions so that decisions are subject to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may errors in judgment that cannot and should not be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respondassociated with fault at a later point in time. I also understand and acknowledge that I have other individuals may likely be participating in the responsibility to inspect activity, and M.R.B. is not responsible for the health status of its participants, including whether or not individuals are carriers of any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:infectious diseases.

Appears in 1 contract

Sources: Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement

Inherent Risks. I acknowledge that any water related activity (such as rafting, tubingkayaking, canoeing or kayaking stand up paddle boards, swimming, etc.) entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by the activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment (such as life jackets) increases my risk of injury or of not surviving an accident or incident while doing a water related activityon the river trip. The inherent risks associated with the activity river trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe ; there may be errors in food storage or kayakpreparations; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the water craft raft or other river equipment may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak equipment I use could occur resulting in collision or capsizing or sinking and that if a boat raft turns over or flips I could be "washed" overboard; boats rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc.; I can slip or fall during hiking or portaging or getting to and from the boat river equipment and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat raft or any portion of it may collide with or encounter other boatsrafts, man-made or natural objects including submerged or semisubmerged semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft, tube, canoe or kayak; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that ACKNOWLEDGE THAT I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. eventsFOR MY OWN SAFETY AND THE SAFETY OF ANY MINOR UNDER MY CARE DURING MY PARTICIPATION IN BROO EVENTS/activitiesACTIVITIES. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. BROO is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activitiesrafting or scenic type trips. Transportation to and from activities the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees BROO and may involve errors in judgment by M.R.A. or BROO staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff BROO Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant=s ’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of poor hearing, and other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respondenvironmental and physiological conditions. I also specifically acknowledge that I have the responsibility decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary, and subjective perceptions so that decisions are subject to inspect any errors in judgment that cannot and all facilities or equipment to should not be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:associated with fault at a later point in time.

Appears in 1 contract

Sources: Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

Inherent Risks. I fully understand and acknowledge that any water related certain risks are inherent in every recreational activity such as raftingthat RELEASEES offer, tubing, canoeing or kayaking entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third partiescannot be eliminated without destroying the unique character of the recreational activity. I understand and acknowledge agree that the enjoyment and excitement of adventure and water these recreational activities is derived in part from these inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement of these recreational activities, and are an integral reason for my participation in this activitythese recreational activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment (recreational adventure activities such as life jackets) increases my risk river rafting, kayaking, stand up paddle boarding, river tubing, bike riding, hiking, snowshoeing, and indoor or outdoor recreational teambuilding activities and use of associated equipment entail risks of injury or death to any participant. These risks and dangers may arise from foreseeable or unforeseeable causes including, but are not limited to, accidents, encountering whitewater rapids, collision, capsizing, acts of not surviving an accident nature or incident while doing a change in conditions, guide or vehicle operator decision making (including misjudgment of terrain, weather, trail, road, river route location, or water related activity. The level, and may give inadequate warnings or instructions and/or I as the participant may fail to hear or understand the safety directions.), equipment failure or misuse, falling out of water craft, submersion, drowning, slipping on or off of trails or equipment, action or inaction of other people, and any other inherent risks associated with the activity in which I am about to participate not specified herein. Potential outcomes of these risks and dangers include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, ▇▇▇▇▇▇DAMAGE TO OR LOSS OF PERSONAL PROPERTY, bouncedPHYSICAL OR EMOTIONAL INJURY, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxesBRUISES, oars/paddlesLACERATIONS, other storage containersSPRAINS, or other fixed equipment necessary to the operation or outfitting of the raftSTRAINS, tubeCONCUSSION, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of kneeBROKEN BONES, ankle or other injury as a result of restricted movement; the water craft may break down or be faulty; it is possible that loss of control of the raftHYPOTHERMIA, tubeSNAKE BITES, canoe or kayak could occur resulting in collision or capsizing or sinking and that if a boat turns over or flips I could be "washed" overboard; boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raftBEE STINGS, tubeFOOD-BORNE ILLNESS, canoe or kayak even in flat or non-moving water; while in the water I may become disorientedOR IN EXTREME CASES, panicked and/or experience trauma from rocksPERMANENT TRAUMA, bouldersDISABILITY, etc; I can slip or fall during hiking or portaging or getting to and from the boat and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft, tube, canoe or kayak; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any wayOR DEATH. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I hereby assume and accept full responsibility for the M.R.A. reserves inherent risks identified herein and those inherent risks not specifically identified, and for any losses and/or damages whether caused in whole or in part by the right to deny me negligence or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unpreparedconduct of RELEASEES. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. events/RELEASEES’ events and recreational activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activities. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant 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/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:

Appears in 1 contract

Sources: Participant Release of Liability Agreement

Inherent Risks. I acknowledge Participant acknowledges that he has been informed and is aware of the risks and dangers that are inherent any water related off road vehicle activity such as raftingtransportation to and from such activity; off-road vehicle orientation and training; operating, tubingdriving, canoeing co-driving or kayaking entails as a passenger in off-road vehicles; whether on public or private land; or whether on improved roadways, trails, or off-road; maintenance and repair of vehicles; all of which entail known and unanticipated risks that could result in physical or emotional injury, death, or damage to myselfthe Participant, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure and water these activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my the enjoyment and excitement and are an integral reason for my the Participant’s participation in this activity. As a Participant, I understand and acknowledge that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge ; and, that failing to use or properly use safety type equipment (such as life jackets) increases my risk of injury or of not surviving an accident or incident while doing participating in these activities. Communication headsets may be available for use by Participants which are incompatible with most helmets. Participants may opt to use communication headsets without using a water related activityhelmet and do so at their own risk. The inherent risks associated with the activity these activities in which I am about to participate include, but are not limited to: encountering whitewater rapids dirt roads and changing water flows trails, or turbulent weather conditions and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro and shaken about during rides through some of upon these rapids or changing water flows; roads, trails and off trail and it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, my off road vehicle or another off road vehicle or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury off road vehicle (hereinafter referred to collectively as a result of restricted movement; the water craft “equipment”). The equipment may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak equipment could occur resulting in collision collision, overturning; or capsizing or sinking crashing, and that if a boat piece of equipment turns over or flips crashes I could be "washed" overboard; boats are slippery when wet and are naturally unstable so that thrown out. I could slip and fall when getting on or off of a vehicle or be knocked thrown out of the raft, tube, canoe or kayak equipment even in on flat or non-moving water; while in the water terrain. I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the boat equipment and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat . The equipment or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged trees, rocks, branches, boulders, bridges, etc.; accidents . Accidents can occur getting on and off the raft, tube, canoe or kayakequipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, snakes, insects, etc.; I can receive musculoskeletal injuries, including injury to my head, neck, back and extremities; should injury occur communication in the river terrain in which this activity occurs these activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Services and Activities may involve lodging at third- party commercial establishments outside of the control of Freedom Rides, LLC or camping in rustic and rugged situations which may present ‘comfort style’ issues for which I expressly accept responsibility. Food preparation may be a part of some of the Services and Activities and I acknowledge my responsibility to inform Freedom Rides, LLC of any specific food related allergies; I may be eating in the outdoors or community style environments and that some of the use of drugs food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; water purification systems may or may not be used and/or may or may not function correctly; I specifically acknowledge that, in the event I choose to consume alcohol during my participation in trip, I will bear complete responsibility for myself and for any damages I may cause to the equipment or all of the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. I understand that the M.R.A. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unpreparedguests. I acknowledge that I AM ULTIMATELY RESPONSIBLE could be left alone, unsupervised and/or out of contact with a guide/staff person for my own safety during my participation in M.R.A. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all extended periods of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occurtime. I acknowledge that my time participating in M.R.A. events/activities there are numerous other issues I may require me to use technical equipment (IE – canoesencounter, paddles, rafts, life jackets, etc.) that I might not be familiar with such as campfires and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge thatlatrine issues which, while M.R.A. has taken reasonable measures to avoid contactthey seem open and obvious, exposurealso have inherent risks associated with them. Although Freedom Rides, transmittal or contamination of the virus between people (including guests/participantsLLC seeks safety, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or its employees, that I may be held legally contractors and financially responsible for that transmittal. I acknowledge that M.R.A. is agent are not a “Common Carrier” but rather is in the business of providing boating/floating infallible and other recreation activities. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff have difficult jobs to perform. They seek do not guarantee your safety, but they are not infallible. They might be ignorant of a participant=s fitness or abilities. They might ; may misjudge the weather, the elements, weather or the terrain. They other environmental conditions; may give inadequate warnings incomplete warning or instructions and/or I as instructions, and the participant equipment used may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:malfunction.

Appears in 1 contract

Sources: Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

Inherent Risks. I acknowledge that any water related activity such as raftingmy participation in a river trip, tubing, canoeing fishing trip or kayaking a zipline/challenge course 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 and acknowledge that the enjoyment and excitement of adventure and water activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand The inherent rafting risks include, among other things: that physical and acknowledge that failing to use or properly use safety type equipment water related activities (such as life jacketstubing or rafting) increases my risk of injury can be strenuous and should not be participated in by persons with heart or of not surviving an accident or incident while doing a water related activity. The inherent risks associated with the activity in which I am about to participate include, but are not limited to: encountering cardiovascular ailments; whitewater rapids and will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro and shaken about fro, separated from my tube or boat, etc. during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oarsthe tube/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, tube, canoe or kayak; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the water craft raft may break down or be faulty; it is possible that loss of control of the raft, tube, canoe or kayak /raft could occur resulting in collision or capsizing or sinking and that if a boat tube/raft turns over or flips I could be "washed" overboard; boats tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube, canoe or kayak /raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the boat tube/raft or tubing/rafting areas and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the boat tube/raft or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semisubmerged semi- submerged trees, rocks, branches, boulders, bridges, etc.; accidents again your boat could turn over and/or you could have to swim rapids risking collision with rocks and entanglement in trees; also prolonged exposure to cold water can occur getting result in “cold water immersion” syndrome or “cold shock,” hypothermia and/or death. The inherent zipline/challenge risks include, among other things: that zipline/challenge activities risks are use of fabricated structures, surfaces, cables or ropes and include, but are not limited to: falling off of structures, being hit by swinging apparatus, falling on or being impacted by other participants, hanging from a cable, the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and off fro or shaken about while on the raftzipline/challenge course, tubelose my balance or grip, canoe slippery or kayak; changing wet equipment, becoming entangled in ropes/harnesses, impacting the ground and/or zipline apparatus, equipment failure, displaced safety equipment, belay or anchor or harness failure, general slips/trips/falls or painful crashes while using any of the equipment or zipline/challenge structures or landing platforms or rope bridges or the premises at large, operating out of control or beyond my or another participants’ limits, the negligence of other visitors who may be present, participants giving or following inappropriate zipline/challenge advice or move sequences, and my own negligence or inexperience. Changing weather conditions, storms or even lightening conditions are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia or fatigue, some or all of which may diminish my or the other participants’ ability to react or respondharmful; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I expressly acknowledge The inherent fishing risks include, among other things: that the use fishing activity includes the risk of drugs prolonged exposure to cold water can result in hypothermia and in extreme cases death. It is possible that I could be injured if I come in contact with and be injured by fishing equipment/gear (waders, hooks, knives, poles, etc.) for either spin or alcohol fly fishing, food boxes, storage containers, etc. The fishing equipment may break down or be faulty; streams and river banks are slippery and are naturally unstable so that I could slip and fall or land in the river where I would be required to swim or self-rescue. I can slip or fall during my participation hiking, fishing, portaging, wading in any the creeks or all of rivers or getting to and from the activities associated with or provided by the M.R.A. is done at my own peril and is not condoned, encouraged or excused by M.R.A. in any way. fishing areas; I understand that the M.R.A. reserves the right to deny me areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, slippery streams, poisonous or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.A. events/activities. I acknowledge that, in the locations used by M.R.A., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, cold water immersion and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variationsnoxious plants, etc., can occur. I acknowledge that my time participating in M.R.A. events/activities may require me to use technical equipment (IE – canoes, paddles, rafts, life jackets, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by M.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while M.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that M.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other M.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that M.R.A. is not a “Common Carrier” but rather is in the business of providing boating/floating and other recreation activities. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by M.R.A. and/or M.R.A. employees and may involve errors in judgment by M.R.A. or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to M.R.A. and may involve errors in judgment by those independent contractors. Furthermore, M.R.A. staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant 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/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of M.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise M.R.A. of anything which I consider to be unsafe or to refuse to participate. With knowledge of all of these issues:

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Sources: Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement