Common use of Inherent Risks Clause in Contracts

Inherent Risks. I fully understand and acknowledge that certain risks are inherent in every recreational activity that RELEASEES offer, and cannot be eliminated without destroying the unique character of the recreational activity. I understand and agree that the enjoyment and excitement of these recreational activities is derived in part from these inherent risks and that these risks contribute to my enjoyment and excitement of these recreational activities, and are an integral reason for my participation in these recreational activities. I understand that recreational adventure activities such as 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 nature or change in conditions, guide or vehicle operator decision making (including misjudgment of terrain, weather, trail, road, river route location, or water 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 not specified herein. Potential outcomes of these risks and dangers include, but are not limited to, DAMAGE TO OR LOSS OF PERSONAL PROPERTY, PHYSICAL OR EMOTIONAL INJURY, BRUISES, LACERATIONS, SPRAINS, STRAINS, CONCUSSION, BROKEN BONES, HYPOTHERMIA, SNAKE BITES, BEE STINGS, FOOD-BORNE ILLNESS, OR IN EXTREME CASES, PERMANENT TRAUMA, DISABILITY, OR 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 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 negligence or other conduct of RELEASEES. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in RELEASEES’ events and recreational activities.

Inherent Risks. I fully understand and acknowledge that certain risks are inherent in every recreational activity that RELEASEES offerskydiving and related activities (the “Activities”), provided by skydive operators, and cannot be eliminated without destroying their agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, participants, employees, subcontractors, sales agents, and all other persons or entities acting in any capacity in their behalf (the unique character of “Operators”) at Xxxxxxxx Municipal Airport (the recreational activity“Airport”), entail known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to third parties, or to property. I understand and agree acknowledge that the enjoyment and excitement of these recreational activities is such Activities are derived in part from these inherent risks created by the Activities beyond the accepted safety of life at home or in my normal day-to-day activities and that these those inherent risks contribute to my enjoyment and excitement of these recreational activities, and are an integral reason for my participation in these recreational activities. I understand that recreational adventure activities such as 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 nature or change in conditions, guide or vehicle operator decision making (including misjudgment of terrain, weather, trail, road, river route location, or water 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 not specified herein. Potential outcomes of these risks and dangers include, but are not limited to, DAMAGE TO OR LOSS OF PERSONAL PROPERTY, PHYSICAL OR EMOTIONAL INJURY, BRUISES, LACERATIONS, SPRAINS, STRAINS, CONCUSSION, BROKEN BONES, HYPOTHERMIA, SNAKE BITES, BEE STINGS, FOOD-BORNE ILLNESS, OR IN EXTREME CASES, PERMANENT TRAUMA, DISABILITY, OR 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 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 negligence or other conduct of RELEASEESActivities. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in RELEASEESthe Activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or of not surviving an accident or incident while participating in the Activities. The inherent risks associated with the Activities include, among other things, the following: aircraft failure, equipment failure, unforeseeable weather conditions, uneven or hazardous terrain (both in the landing zone and other potential landing areas), and interference from other aircraft, participants, and/or vehicles. Operators may misjudge whether the terrain, equipment, and/or aircraft is safe for the Activities or when or where a weather event may occur. I acknowledge, that I may become separated from the Operators or others participating in the Activities. Communication during the Activities is always difficult and in the event of an injury or accident, rescue and medical treatment may not be immediately available or available at all. I acknowledge that, in the locations used by Operators for the Activities, I may experience dangerous and/or extreme environmental and/or weather conditions. Exposure to these conditions may be uncomfortable, harmful, and/or deadly and I am aware that exposure to these conditions could diminish my or the other participants ability to react or respond or act in a reasonable manner. Common injuries (sometimes life threatening) resulting from the Activities include, but are not limited to the following: strains, sprains, fractures, and/or wounds and trauma to the head or body. I acknowledge that my time participating in the Activities may require me to use technical equipment (i.e. – parachutes, harnesses, 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 me by the Operators. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction, or cause injury or death to myself or others, or damage to property. I acknowledge that I am participating in Activities provided by Operators over which The City of Lawrence, Kansas, its commissioners, officials, officers, employees, and agents (“The City”), have no control and that the ownership of the Airport by The City is merely incidental to the Activities. I acknowledge that Operators may make errors in judgment or that I may be injured (fatally in some cases) during Activities for which The City bears no liability. Furthermore, Operators have a difficult job to perform. Operators should seek safety during the Activities, but are not infallible. Operators may be ignorant of a participant’s or my own fitness or abilities. Operators may misjudge the weather, the elements, or the terrain. Operators may give inadequate warnings or instructions, and/or I, as the participant, may fail to understand the safety directions. The equipment being used for the Activities may malfunction. Further, I may encounter the negligence or misbehavior of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ events failure to follow the rules of Operators and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond or act in a reasonable manner. I also acknowledge that I have the responsibility to inspect any and recreational activitiesall aircraft, terrain, facilities, and equipment to be used and to immediately advise Operators of anything which I consider to be unsafe or to refuse to participate in the Activities. I specifically acknowledge that decisions made by Operators and participants are often made in dangerous settings and are often made based on 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, whether or not the passage of time reveals the wrong decision was made.

Inherent Risks. I fully understand Participant acknowledges that he has been informed and acknowledge is aware of the risks and dangers that certain risks are inherent any off road vehicle activity such as transportation to and from such activity; off-road vehicle orientation and training; operating, driving, co-driving or as a passenger in every recreational activity 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 RELEASEES offercould result in physical or emotional injury, and cannot be eliminated without destroying death, or damage to the unique character of the recreational activityParticipant, to property, or to third parties. I understand and agree acknowledge that the enjoyment and excitement of these recreational activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in normal day to day activities and that these inherent risks and that these risks contribute to my the enjoyment and excitement of these recreational activities, and are an integral reason for my the Participant’s participation in these recreational activitiesthis activity. As a Participant, I understand and acknowledge that recreational adventure activities such as river raftingrisks simply cannot be eliminated without jeopardizing the essential qualities of the activity; and, kayaking, stand up paddle boarding, river tubing, bike riding, hiking, snowshoeing, and indoor that failing to use or outdoor recreational teambuilding activities and properly use of associated safety type equipment entail risks increases my risk of injury or death of not surviving an accident or incident while participating in these activities. Communication headsets may be available for use by Participants which are incompatible with most helmets. Participants may opt to any participantuse communication headsets without using a helmet and do so at their own risk. 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 nature or change in conditions, guide or vehicle operator decision making (including misjudgment of terrain, weather, trail, road, river route location, or water 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 The inherent risks not specified herein. Potential outcomes of associated with these risks and dangers activities in which I am about to participate include, but are not limited to: dirt roads and trails, DAMAGE TO OR LOSS OF PERSONAL PROPERTYor turbulent weather conditions and the possibility that I will be jolted, PHYSICAL OR EMOTIONAL INJURYxxxxxx, BRUISESbounced, LACERATIONSthrown to and fro and shaken about during rides upon these roads, SPRAINStrails and off trail and it is possible that I could be injured if I come in contact with my off road vehicle or another off road vehicle or other equipment necessary to the operation of an off road vehicle (hereinafter referred to collectively as “equipment”). The equipment may break down or be faulty; it is possible that loss of control of the equipment could occur resulting in collision, STRAINSoverturning; or crashing, CONCUSSION, BROKEN BONES, HYPOTHERMIA, SNAKE BITES, BEE STINGS, FOOD-BORNE ILLNESS, OR IN EXTREME CASES, PERMANENT TRAUMA, DISABILITY, OR DEATHand that if a piece of equipment turns over or crashes I could be thrown out. I could slip and fall when getting on or off of a vehicle or be thrown out of the equipment even on flat terrain. I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or getting to and from the equipment and I understand that the description 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 equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, boulders, bridges, etc. Accidents can occur getting on and off the equipment; 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 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 can result in 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 terrain in which these inherent risks activities occur is always difficult and in the event of an accident, rescue and medical treatment may not complete 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 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 other unknown some of the food may not be to my liking; there may be errors in food storage or unanticipated inherent risks preparation that could cause my dissatisfaction and/or illness; water purification systems may result or may not be used and/or may or may not function correctly; I specifically acknowledge that, in injury or death. the event I hereby assume and accept full choose to consume alcohol during my trip, I will bear complete responsibility for the inherent risks identified herein and those inherent risks not specifically identified, myself and for any losses and/or damages whether caused in whole I may cause to the equipment or in part by the negligence or to other conduct of RELEASEESguests. 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 RELEASEES’ events extended periods of time. I acknowledge that there are numerous other issues I may encounter, such as campfires and recreational activitieslatrine issues which, while they seem open and obvious, also have inherent risks associated with them. Although Freedom Rides, LLC seeks safety, its employees, contractors and agent are not infallible and do not guarantee your safety, fitness or abilities; may misjudge weather or other environmental conditions; may give incomplete warning or instructions, and the equipment used may malfunction.

Inherent Risks. I fully understand and acknowledge that certain risks are inherent in every recreational activity that RELEASEES offerthe following describes some, and canbut not be eliminated without destroying the unique character all of the recreational activityrisks that I might encounter while attending an VAA and AAC event or sponsored event or while participating in activities/events through the VAA and AAC. I acknowledge that VAA and AAC events/activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.) are generally what is known as “mountaineering” type activities which 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. Mountaineering activities are most commonly exploratory in nature and are considered RUGGED ADVENTURE OR RECREATIONAL ACTIVITIES. I understand and agree acknowledge that the enjoyment and excitement of these recreational types of activities is derived in part from these inherent risks created 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 these recreational activities. I understand that recreational adventure activities such as 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 nature or change in conditions, guide or vehicle operator decision making (including misjudgment of terrain, weather, trail, road, river route location, or water 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 not specified herein. Potential outcomes of these risks and dangers include, but are not limited to, DAMAGE TO OR LOSS OF PERSONAL PROPERTY, PHYSICAL OR EMOTIONAL INJURY, BRUISES, LACERATIONS, SPRAINS, STRAINS, CONCUSSION, BROKEN BONES, HYPOTHERMIA, SNAKE BITES, BEE STINGS, FOOD-BORNE ILLNESS, OR IN EXTREME CASES, PERMANENT TRAUMA, DISABILITY, OR 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 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 negligence or other conduct of RELEASEES. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in RELEASEESVAA and AAC activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of the VAA and AAC events/ activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.). I acknowledge that the inherent risks associated with climbing, hiking and /or trekking trips includes but is not limited to the following: I can slip or fall during hiking, trekking, climbing or getting to and from the activity areas; I understand that the areas in which I might hike, trek or climb and/or which are used by VAA and AAC for its activities include beautiful mountain, valley and meadow 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 boulders, forest deadfall, holes and depressions, submerged objects in flooded or wet areas, thin ice and deep water and varying and difficult conditions. I acknowledge that it is my sole responsibility to observe and make myself familiar with the areas in which VAA and AAC activities occur. Participants may become lost or separated from their companions in forested areas, 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; snow, ice or moraine, glaciers and crevasses, rock and ice or snow avalanches or massive loosening and movement of dirt and rock; objects – whether equipment, rocks/earth/ice, timber or other participants – falling from above. I specifically acknowledge also that VAA and AAC events/activities (including trips, climbs, hikes, treks, classes, expeditions, camping, etc.) 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 VAA and AAC 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 VAA and AAC, its property or to other guests. I acknowledge that my time at VAA and AAC events/activities may require me to use equipment (i.e. – 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 VAA and AAC, 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 or fatigue, frostbite and high altitude illnesses (HAPE and/or HACE), some or all of which may diminish my or the other participants’ events 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, xxxxx, fractures, cuts, and/or wounds and recreational activitiestrauma 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 or snow, extreme temperature variations, etc., can occur. Communication in the terrain used by VAA and AAC for its activities can be difficult and in the event of an accident, rescue and medical treatment may be significantly delayed or unavailable. I acknowledge that my time at VAA and AAC events/activities may require me to use technical equipment (i.e. - crampons, ropes, ice axes, carabineers and other hardware) 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 VAA and AAC or 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 acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which VAA and AAC has no control. Those activities are incidental to the activities provided by VAA and AAC and may involve errors in judgment by the other vendors and operators for which VAA and AAC can bear no liability. I acknowledge that VAA and AAC is not a “Common Carrier” but rather is in the mountaineering/association business. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by VAA and AAC and/or VAA and AAC employees and may involve errors in judgment by VAA and AAC 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 VAA and AAC and may involve errors in judgment by those independent contractors. Furthermore, VAA and AAC 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. With knowledge of all of these issues: