Hike and Photograph in Costa Rica, 3/23/2019 - 1/1/2019 RELEASE

The liability release and indemnity agreement required for participation in our Global Adventures activities.

Introduction

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. All participants must sign this AGREEMENT. For participants under 18 yrs. of age (hereafter ‘minor’), one or both parent/s or legal guardian/s (hereafter collectively ‘parent/s’) must also sign. In consideration of the services of the MOUNTAINEERS,. a charitable, not-for-profit corporation,, I (participant and parent/s of a minor participant), acknowledge and agree as follows:

THE MOUNTAINEERS provides services through its volunteers and employees, and from time to time may contract with individuals or organizations that are independent contractors (NOT employees or agents of the MOUNTAINEERS) to conduct some of the activities participants may engage in. Although the MOUNTAINEERS has made efforts to locate responsible contractors, it does not supervise or control these contractors and is not responsible for their conduct. Participant (and parent/s) acknowledges that they may independently investigate and assess these organizations and activities, if they choose to do so. The MOUNTAINEERS uses volunteers to assist with, and lead trips and excursions. These individuals are not paid professional guides or leaders.  All participants share in the responsibility for their own safety and the safety of the group throughout the trip.

ACKNOWLEDGMENT & ASSUMPTION OF RISKS

THE MOUNTAINEERS volunteer-led Global Adventure trips can take place in the U.S. or in foreign countries. Activities (which may or may not be scheduled or supervised, and may occur during free or independent time) include, but are not limited to hiking, trekking, backpacking, camping, biking, skiing and other snow sports, trail maintenance, mountaineering, rock and ice climbing, water sports such as canoeing, kayaking, sailing, swimming, snorkeling, and transportation or travel to and from activities (referred to in this AGREEMENT as 'activities' or 'these activities'). These activities include inherent and other risks, hazards and dangers (referred to in this AGREEMENT as ‘risks’) that can cause or lead to injury, damage, death or other loss to participant or others. The following includes some, but not all of those risks:

Risks present in an outdoor, mountainous or wilderness environment on land or water, both on and off trail. Travel can be subject to storms, strong winds, high altitudes, avalanches, flashfloods, currents, waves, whitewater, lightning, rapidly moving rivers or other water bodies, difficult stream crossings, snow or ice, extremes in temperatures, water hazards, steep terrain, falling rock, stinging or disease carrying animals or insects, wild animals and other natural or man-made hazards and dangers and may include dangers associated with travel by bicycle, train, car, bus, air travel, or other mechanized travel. Hazards may not be marked and weather is unpredictable year-round.

Risks associated with travel in the U.S. or a foreign country. Travel can involve unique risks, such as political unrest, terrorism and warfare, contact with unusual diseases, exposure to contaminated food or water, dangerous road or travel conditions, theft, abduction, other criminal activity, and other risks. Participants may be subject to laws in foreign countries that do not provide the same protections as the U.S. legal system.

Risks in decision making, including, without limitation, the risk that THE MOUNTAINEERS may misjudge a participant’s capabilities, health or fitness level, or misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location.

Personal health and participation risks. The risk that participant’s mental, physical or emotional condition (disclosed or undisclosed, known or unknown) combined with participation in these activities could result in injury, damage, death or other loss.

The risk that equipment used in an activity may be misused, or may break, fail or malfunction.

THE MOUNTAINEERS activities may take place in remote places, several hours or days from medical facilities, causing potential delays or difficulties with communication, transportation, evacuation and medical care. Medical facilities may be primitive, inadequate or inaccessible.

Risks connected with cooking and camping chores. Risks include gas explosion, scalding or other burns associated with cooking over a gas stove or open fire, and water contamination in natural water sources.

Risks associated with transportation. Travel can be on foot or by vehicle, aircraft, train, taxi, bicycle, animal, boat or other means and can be over rough and unpredictable terrain or via oceans or rivers, with wind, rain, or other adverse weather conditions.

Risks involved in riding or dealing with animals, including without limitation, horses, donkeys, llamas or camels. Animals are unpredictable in all circumstances, whether participants are mounting, dismounting, saddling, riding, or dealing with animals inanyway.

Risks regarding conduct, including the potential that participants, leaders, independent contractors, or third parties (e.g. general public, rescue squad, medical facility) may act negligently, carelessly or recklessly.

Risks regarding free or independent time. Participants will have free and unsupervised time during this Global Adventures trip that may include time alone or travel away from the group. The MOUNTAINEERS may provide information to individuals and families regarding local recreation opportunities or areas available during free time, or, provide transportation to and from activity sites. Participants are exclusively responsible for their and their child/s conduct, supervision and activity choices during independent free time. During both supervised and unsupervised activities, all participants share in the responsibility for their own safety and the safety of the group.

It is not possible to list all the risks and hazards that may be present during MOUNTAINEERS GLOBAL ADVENTURE trips and any risks listed are intended merely as examples and not as an exhaustive list of risks, hazards and possible injury and damage that participants may encounter.

I (participant and parent(s) of a minor participant) agree:

    To accurately complete all required forms, abide by the terms of those documents, and obey all MOUNTAINEERS rules, regulations and policies;

    If participant has any mental, physical or emotional conditions or limitations that might affect his/her ability to participate I agree to fully disclose those to THE MOUNTAINEERS. I hereby represent that participant is fully capable of participating in this Global Adventures Trip without causing harm to him/herself or others;

THE MOUNTAINEERS cannot assure participant's safety or eliminate any of these risks. Participant takes responsibility for having appropriate skills, physical conditioning, equipment and supplies for all activities associated with this Global Adventures trip.

Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of minors) assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by participant (and parent/s of minors)  related in any way to participation in this Global Adventures Trip.

RELEASE AND INDEMNITY AGREEMENT

Please read carefully. This RELEASE AND INDEMNITY AGREEMENT affects your legal rights.  I (adult participant, or parent/s for themselves and for and on behalf of their participating minor child) agree as follows:

  • to RELEASE and not to sue THE MOUNTAINEERS, including all employees, volunteers, agents, and any independent contractors retained by the MOUNTAINEERS (“RELEASED PARTIES”) regarding any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) for any injury, damage, death or other loss related in any way to my/my child’s participation in these activities, or use of THE MOUNTAINEERS equipment or I agree to waive any claim/s I or my child may have against the RELEASED PARTIES, and agree that neither I, my child, or anyone acting on my or my child’s behalf, will make a claim against THE RELEASED PARTIES as a result of any injury, damage, death or other loss suffered by me or my child;
  • to DEFEND AND INDEMNIFY THE RELEASED PARTIES with respect to any and all claim/s brought by or on behalf of me, my child, a family member, a co-participant, or any other person for any injury, damage, death or other loss in any way connected with my/my child’s participation in these activities or use of THE MOUNTAINEERS equipment or

This RELEASE AND INDEMNITY AGREEMENT is intended to be construed and enforced as broadly as allowed by law. If any portions of this AGREEMENT are deemed unenforceable, the remainder of the AGREEMENT remains in full force and effect.

I (participant and parent/s of a minor participant) agree that the substantive laws of the state of Washington govern this AGREEMENT and the venue for any claims or disputes related in any way to my participation in this Global Adventures trip will be in Seattle, King County, Washington.

The MOUNTAINEERS reserves the right to remove any participant from the trip who leaders believe, in their discretion, presents a safety concern or medical risk, is disruptive, or acts in any manner detrimental to the trip. If a participant leaves the trip for any reason, participant (and his/her family) are responsible for all costs of early departure whether for medical reasons, removal from the trip by trip leaders, personal emergencies or otherwise.

Participant and parent/s of a minor participant agree: I have carefully read, understand and voluntarily sign this AGREEMENT and acknowledge that it shall be effective and binding upon me, my minor children and other family members, and my heirs, executors, representatives and estate. One or both parent/s must sign below for any participating minor (those under 18 years of age).

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Date Signed  
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Participant Birth Date   Enter the participant's date of birth. If participant is under 18, a parent or guardian must sign below.
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