Common use of Inherent Risks Clause in Contracts

Inherent Risks. I acknowledge that my participation in a river trip, fishing trip or 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 that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The inherent rafting risks include, among other things: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; whitewater rapids will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. during rides through some of these changing water flows; the tube/raft may break down or be faulty; it is possible that loss of control of the tube/raft could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/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 tube/raft or tubing/rafting areas and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the tube/raft or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi submerged trees, rocks, branches, boulders, bridges, etc.; 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 result in “cold water immersion” syndrome or “cold shock,” hypothermia and/or death.

Appears in 2 contracts

Samples: yellowstonezip.com, madisonrivertubing.com

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Inherent Risks. I acknowledge understand that my participation the raft trip and associated activity I am about to engage in as a river tripparticipant and/or volunteer bear inherent risks, fishing trip or a zipline/challenge course entails both known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third partiesunanticipated. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the this activity. These risks could result in PHYSICAL INJURY, DEATH, PARALYSIS, EMOTIONAL INJURY, OR OTHER DAMAGE, to myself, my property, or third parties. I understand that these risks include but are not limited to risks from: • My own physical condition. • My own actions or omissions; the actions or omissions of other participants in this activity; and the actions or omissions of NRA-DPS. • Defects, both hidden and apparent, in equipment supplied or operated by NRA-DPS. • The inherent operation, including misuse, of equipment supplied by NRA-DPS. • The dangers of rafting risks includeon cold glacial rivers and moving water, among other thingsincluding but not limited to: drowning; hypothermia; the risk that physical the raft may flip or I may fall out of the raft; the risk that I may be in the water for extended periods of time; and the presence of submerged or floating debris in the water related activities (such as tubing railroad cars, rocks, logs, ice, downed trees, “sweepers,” and “strainers”), standing waves, hydraulics such as “holes”, whirlpools, or rafting) can be strenuous any other types of river rapids. • The dangers of being hit or struck by an oar, paddle, or another individual or object. • Changing water conditions, including increased risk exposures due to high water levels. • Inclement or changing weather, including without limitation high winds, rain, snow and should not be participated lightning. • Hazardous contact or interactions with plants or wild animals. • The conditions of roads, trails, waterways, or terrain, and accidents connected with their use. • Accidents and injuries occurring while: walking to or from the rafts, being transported by passenger vehicle and/or aircraft to or from raft launching and landing locations, loading passengers in by persons with heart or cardiovascular ailments; whitewater rapids will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. during rides through some of these changing water flows; the tube/raft may break down or be faulty; it is possible that loss of control of the tube/raft could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/raft even rafts, loading passengers in flat and out of passenger transport vehicles, launching 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 landing rafts from the tube/riverbank, loading and unloading rafts into or from raft trailers. • The inaccessibility or tubing/rafting areas and I understand that the areas in remoteness of terrain, which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etcmay delay rescue and/or medical treatment. • The distance of this activity's location from medical or emergency facilities. • Receiving emergency medical services or emergency transport from NRA-DPS or other third parties.; the tube/raft or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi submerged trees, rocks, branches, boulders, bridges, etc.; 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 result in “cold water immersion” syndrome or “cold shock,” hypothermia and/or death.

Appears in 2 contracts

Samples: Participant Agreement, Participant Agreement

Inherent Risks. I acknowledge that my participation there are inherent risks in a river tripan activity such as kayaking, fishing trip or a zipline/challenge course entails stand-up paddleboarding, and related activities . These risks, both known and unanticipated risks that unanticipated, could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or death while kayaking, stand-up paddleboarding, and related activities. The inherent rafting risks associated with the activity in which I am about to participate include, among but are not limited to: vessel collisions; capsizes; drowning or other things: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons causes of death; contact with heart or cardiovascular ailments; whitewater rapids will be encounteredsubmerged hazards; encountering rapids, changing tidal currents and unpredictable ocean conditions; lightning; dangerous weather events; open water flows, dam discharges, increased flows and the possibility crossings; natural hazards; encountering dangerous or aggressive wildlife or insects; strains; falls; fractures; concussions; total or partial paralysis. It is possible that I will could contract an illness or disease from food-borne, airborne, water-borne or surface pathogens including but not limited to contraction of noroviruses, coronaviruses, hantavirus, COVID-19 and subsequent mutations and strains, which, while they seem open and obvious, also have inherent risks associated with them. Pathogens could be joltedtransmitted from other participants, xxxxxxthird-parties, bouncedAKT staff, thrown or unknown sources. It is possible that I could be injured if I come in contact with kayaks, paddles, or other equipment necessary to and fro, separated from my tube or boat, etc. during rides through some the operation of these changing water flowsthe trip; the tube/raft kayak may break down or be faultydown; it is possible that loss of control of the tube/raft kayak could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of causing me to enter the tube/raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etctrauma; I can slip or fall during hiking or portaging or getting to and from the tube/raft or tubing/rafting areas and kayak. I understand that the areas in which I might hike or walk sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, slippery rocks and bouldersseaweed, forest dead fallunstable ground, etc.and other natural or manmade obstacles; accidents can occur getting into and out of the tube/raft kayak; exposure to the natural elements could cause sunburn, dehydration, or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi submerged trees, rocks, branches, boulders, bridges, etc.heat related illness; again your boat could turn over and/or you could have to swim rapids risking collision with rocks and entanglement in trees; also I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication on the water in which this activity occurs is sometimes difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in AKT events/activities and I assume the risks and hazards associated with the event/activities whether known or unknown. I specifically acknowledge also that AKT activities may involve camping in rustic and/or remote situations which may present “comfort style” issues for which I accept responsibility. I specifically acknowledge that, in the event I choose to consume drugs or alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to AKT, its property, or to other guests. I acknowledge that I could be left alone and out of contact with a guide/staff person for periods of time while enjoying land-based activities. 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 I may choose to participate in activities that are provided by other vendors or operators (i.e. taxis, ferries, and shuttles) over which AKT has no control. Those activities are incidental to the activities provided by AKT and may involve errors in judgment by the other vendors or operators for which AKT can bear no liability. Transportation to and from the activity is incidental to the activity. Transport by vehicles, in some instances, may be provided by AKT and may involve errors in judgment by AKT staff operating the vehicles. The vehicles and transport trailers may malfunction, break down, or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, AKT guides 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 other issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in potentially dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

Appears in 1 contract

Samples: Indemnification Agreement

Inherent Risks. I acknowledge that my participation in a river trip, fishing trip or 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 that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The inherent rafting risks include, among other things: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; whitewater rapids will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. during rides through some of these changing water flows; the tube/raft may break down or be faulty; it is possible that loss of control of the tube/raft could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/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 tube/raft or tubing/rafting areas and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the tube/raft or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi semi- submerged trees, rocks, branches, boulders, bridges, etc.; 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 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, xxxxxx, bounced, thrown to and fro or shaken about while on the zipline/challenge course, lose my balance or grip, slippery or 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 are possible; exposure to the natural elements can be uncomfortable and/or harmful; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication in the 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. The inherent fishing risks include, among other things: that the fishing activity includes the risk of 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 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 hiking, fishing, portaging, wading in the creeks or rivers or getting to and from the fishing areas; I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, slippery streams, poisonous or noxious plants, etc.

Appears in 1 contract

Samples: yellowstonezip.com

Inherent Risks. I acknowledge that my participation there are inherent risks in a river tripan activity such as kayaking, fishing trip or a zipline/challenge course entails stand-up paddleboarding, and related activities . These risks, both known and unanticipated risks that unanticipated, could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or death while kayaking, stand-up paddleboarding, and related activities. The inherent rafting risks associated with the activity in which I am about to participate include, among but are not limited to: vessel collisions; capsizes; drowning or other things: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons causes of death; contact with heart or cardiovascular ailments; whitewater rapids will be encounteredsubmerged hazards; encountering rapids, changing tidal currents and unpredictable ocean conditions; lightning; dangerous weather events; open water flows, dam discharges, increased flows and the possibility crossings; natural hazards; encountering dangerous or aggressive wildlife or insects; strains; falls; fractures; concussions; total or partial paralysis. It is possible that I will could contract an illness or disease from food-borne, airborne, water-borne or surface pathogens including but not limited to COVID-19 and subsequent mutations and strains, which, while they seem open and obvious, also have inherent risks associated with them. Pathogens could be joltedtransmitted from other participants, xxxxxxthird-parties, bouncedBOO staff, thrown or unknown sources. It is possible that I could be injured if I come in contact with kayaks, paddleboards, paddles, or other equipment necessary to and fro, separated from my tube or boat, etc. during rides through some the operation of these changing water flowsthe trip; the tubekayak/raft paddleboard may break down or be faultydown; it is possible that loss of control of the tubekayak/raft paddleboard could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of causing me to enter the tube/raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etctrauma; I can slip or fall during hiking or portaging or getting to and from the tube/raft kayak or tubing/rafting areas and paddleboard. I understand that the areas in which I might hike or walk sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, slippery rocks and bouldersseaweed, forest dead fallunstable ground, etc.and other natural or manmade obstacles; accidents can occur getting into and out of the tubekayak/raft paddleboard; exposure to the natural elements could cause sunburn, dehydration, or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi submerged trees, rocks, branches, boulders, bridges, etc.heat related illness; again your boat could turn over and/or you could have to swim rapids risking collision with rocks and entanglement in trees; also I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication on the water in which this activity occurs is sometimes difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in BOO events/activities and I assume the risks and hazards associated with the event/activities whether known or unknown. I specifically acknowledge also that BOO activities may involve camping in rustic and/or remote situations which may present “comfort style” issues for which I accept responsibility. I specifically acknowledge that, in the event I choose to consume drugs or alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to BOO, its property, or to other guests. I acknowledge that I could be left alone and out of contact with staff for periods of time while enjoying land-based activities. 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 I may choose to participate in activities that are provided by other vendors or operators (i.e. taxis, ferries, and shuttles) over which BOO has no control. Those activities are incidental to the activities provided by BOO and may involve errors in judgment by the other vendors or operators for which BOO can bear no liability. Transportation to and from the activity is incidental to the activity. Transport by vehicles, in some instances, may be provided by BOO and may involve errors in judgment by BOO staff operating the vehicles. The vehicles and transport trailers may malfunction, break down, or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, BOO 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 other issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in potentially dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

Appears in 1 contract

Samples: Indemnification Agreement

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Inherent Risks. I acknowledge that my participation in a river tripany water related activity such as rafting, fishing trip tubing, canoeing or a zipline/challenge course kayaking 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. The inherent rafting risks include, among other things: I also understand and acknowledge that physical and water related activities failing to use or properly use safety type equipment (such as tubing life jackets) increases my risk of injury or rafting) can be strenuous and should of not be participated surviving an accident or incident while doing a water related activity. The inherent risks associated with the activity in by persons with heart or cardiovascular ailments; which I am about to participate include, but are not limited to: encountering whitewater rapids will be encountered; encountering rapids, and changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. 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/raft , 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/raft , canoe or kayak could occur resulting in collision or capsizing or sinking and that if a tube/raft boat turns over or flips I could be "washed" overboard; tubes/rafts boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft, tube/raft , 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 tube/raft or tubing/rafting areas boat and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the tube/raft boat or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi submerged semisubmerged trees, rocks, branches, boulders, bridges, etc.; again your boat 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 turn over and/or you could have 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 swim rapids risking collision with rocks and entanglement in treesreact or respond; also 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. By signing this Participant Assumption of Risks, Acknowledgement of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during this M.R.A. boating/floating activity. 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

Samples: www.massadventures.com

Inherent Risks. I acknowledge that my participation in a river trip, fishing trip or a zipline/challenge course any water-related activity such as rafting 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 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 increases my risk of injury or of not surviving an accident or incident while rafting. The inherent risks associated with the rafting risks trip in which I am about to participate include, among other thingsbut are not limited to: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; encountering whitewater rapids will be encountered; encountering rapids, and changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. 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 tube/operation or outfitting of the raft; there may be errors in food storage or preparations; I recognize there may be foot cups or foot holds in rafts which may assist in stabilizing or holding myself or others in the raft but which may present an increased risk of knee, ankle, or other injury as a result of restricted movement; the raft may break down or be faulty; it is possible that loss of control of the tube/raft could occur resulting in collision or capsizing or sinking and that if a tube/raft turns over or flips flips, I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/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 tube/raft or tubing/rafting areas raft, and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the tube/raft or any portion of it may collide with or encounter other boatsrafts, man-made made, or natural objects including submerged or semi semi-submerged trees, rocks, branches, boulders, bridges, etc.; again your boat accidents can occur getting on and off the raft; changing weather conditions, storms, or even lightning are possible; exposure to the natural elements can be uncomfortable and/or harmful, and I am aware that this exposure could turn over and/or you could have cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or fatigue, some or all of which may diminish my or the other participants’ ability to swim rapids risking collision with rocks and entanglement in treesreact or respond; also I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and/or 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 acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in M.R.B. events/activities. I acknowledge that I may choose to participate in activities that 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 may involve errors in judgment by the other vendors or operators for which M.R.B. can bear no liability. M.R.B. is not a “Common Carrier” but rather is in the business of providing rafting or adventure type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus, or van travel in some instances may be provided by M.R.B. and may malfunction, break down, or be poorly maintained, causing injury, accidents, delays or, in the extreme case, death. Furthermore, 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 fitness or abilities. They might misjudge the weather, the elements, or the terrain. I 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 errors in judgment that cannot and should not be associated with fault at a later point in time. I also understand and acknowledge that other individuals may likely be participating in the activity, and M.R.B. is not responsible for the health status of its participants, including whether or not individuals are carriers of any infectious diseases.

Appears in 1 contract

Samples: fh-sites.imgix.net

Inherent Risks. I acknowledge that my participation in a river tripany adventure activity such as rafting/canoeing/kayaking, fishing trip hiking, camping and/or motorized Jeep or a zipline/challenge course entails ATV style activities entail 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 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 these 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 increases my risk of injury or of not surviving an accident or incident while participating in adventure activities. The inherent rafting risks associated with the rafting, canoeing, kayaking or general water related activity (hereafter "boating") in which I am about to participate in include, among other thingsbut are not limited to: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; encountering whitewater rapids will be encountered; encountering rapids, and changing water flows, dam discharges, increased flows and the possibility that I will be jolted, xxxxxx, bounced, thrown to and fro, separated from my tube or boat, etc. 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 tube/raft operation or outfitting of the boat; the boat may break down or be faulty; it is possible that loss of control of the tube/raft boat could occur resulting in collision or capsizing or sinking and that if a tube/raft boat turns over or flips I could be "washed" overboard; tubes/rafts boats are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/raft 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 tube/raft or tubing/rafting areas boat and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree xxxxx, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the tube/raft boat or any portion of it may collide with or encounter other boats, man-made or natural objects including submerged or semi semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the boat. 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, travel or riding and all other activities, 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 Jeep 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; 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 your boat 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 turn over 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 you could have to swim rapids risking collision with 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 xxxxx, tree stumps, creeks, rocks and entanglement 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 treeswhich 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. 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. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, xxxxx, fractures, 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, storms or lightening, extreme temperature variations, etc., can occur. Communication in the terrain used by FFOC for its activities can be difficult and in the event of an accident, rescue and medical treatment may be significantly delayed or unavailable. As in all activities which are part of the FFOC adventure, FFOC or its staff may misjudge some of these issues. I expressly acknowledge that naturally occurring disease processes occur in all environments in which this activity will take place. I acknowledge that, while FFOC has taken reasonable and recommended measures to avoid contact, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is ultimately my responsibility to safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that 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 FFOC participants or employees, that I may be held legally and financially responsible for that transmittal. I acknowledge that I may choose to participate in activities that are conducted by myself or in my own group without FFOC guides and over which FFOC will have no control (IE – canoe or kayak rentals). Those activities may involve errors in judgment by myself or my group for which FFOC can bear no liability. I acknowledge that FFOC is not a “Common Carrierhypothermia but rather is in the adventure trip (hiking, rafting, Jeep tours, camping, etc.) business. Transportation to and from activities or shuttles are incidental to the activity. Transport and car, bus or van travel in some instances may be provided by FFOC and/or FFOC employees and may involve errors in judgment by FFOC staff operating the vans, buses, cars or other 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. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in any or all of the activities associated with or provided by FFOC I also acknowledge that I have the responsibility to inspect any and all 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, FFOC guides/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. I 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 errors in judgment that cannot and should not be associated with fault at a later point in time.

Appears in 1 contract

Samples: bigbendfarflung.com

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