Waiver
ACKNOWLEDGMENT AND ASSUMPTION OF RISK, WAIVER AND RELEASE FROM LIABILITY, AND INDEMNIFICATION
Please CAREFULLY READ this Acknowledgment and Assumption of Risk, Waiver and Release from Liability, and Indemnification Agreement (“Release”) before signing. This Release is a contract. Its effect is to waive any claims you might have resulting from your participation in the Activities described below. It releases The Mountaineers from any liability resulting from your (or your minor’s child’s) participation in the Activities. The Release informs you about your risks and responsibilities, and your assumption of risks, and includes an indemnification/hold harmless agreement. It also confirms your responsibility to comply with The Mountaineers’ policies and procedures.
Introduction
A core part of the mission of The Mountaineers is to help people learn skills to enjoy the out-of-doors. Unlike commercial guiding companies, services are provided by volunteers, and occasionally staff. Volunteers and staff are not professional guides. Members who want to participate in Activities need to determine for themselves whether the risks involved are worth it. Before signing this contract, please read The Mountaineers’ Risk Statement and satisfy yourself that you understand and agree:
Activities with The Mountaineers are inherently subject to risk, including exposure to a variety of subjective and objective hazards. As an organization we understand and embrace risk as an integral part of the activities we enjoy, and we strive to teach methods and best practices for recognizing and mitigating that risk. As an outdoor education organization, we seek out opportunities to learn from our collective experience, including incidents and near misses.
In an effort to support the development of self-sufficient outdoor recreationists, we seek to empower participants with progressively increasing responsibility and autonomy. This carries additional risk, but is critical for learning, confidence, and growth. Our leaders communicate and manage risk consistent with the objectives of the activity, but everyone’s risk tolerance is different. Participants assume responsibility for their own safety and must make their own decisions regarding acceptable risk when selecting and participating in courses and activities with The Mountaineers.
Engaging in Mountaineers-sponsored activities or events, including without limitation courses, clinics, seminars, field trips, outdoor recreation, travel, and other activities (collectively, “Activity” or “Activities”) involves serious risks. The continued financial viability of The Mountaineers as a nonprofit organization makes it necessary for all participants, as a condition of participating in an Activity, to agree not to sue The Mountaineers or its officers, directors, employees, agents, and representatives (hereinafter collectively “The Mountaineers”) if something goes wrong.
Acknowledgment of Risk
I recognize that any outdoor activity, including the Activities, may involve serious dangers, including but not limited to the hazards of traveling in precipitous or mountainous terrain, accidents or illness in remote places, forces of nature, water hazards or drowning, and the actions or inactions, including without limitation negligent actions or inactions, of The Mountaineers, participants, third-parties, and other persons.
I acknowledge that participating in the Activities involves risks. Some risks are inherent in these activities and cannot be eliminated or reduced without jeopardizing the essential qualities of the Activity. A variety of other risks also exist. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability, or death. The following describes some, but not all, of those risks, hazards, and dangers:
1. Risks regarding physical activity. Engaging in an Activity (such as backcountry skiing, backpacking, canyoning, climbing, cross-country skiing, day hiking, downhill skiing and snowboarding, packrafting, photography, sailing, scrambling, sea kayaking, snowshoeing, trail running, and urban activities) may result in sprains, fractures, dislocations, concussions, cuts or abrasions, or other injury or illness, mental or emotional trauma, paralysis, disability, or death.
2. Risks regarding equipment. Equipment used in an Activity, including without limitation anchors, hardware, harnesses, ropes, slings, and harnesses, may be misused or can break, malfunction, or fail.
3. Risks in decision-making. Participants must make judgments and decisions as they participate in the Activities. These judgments and decisions are, by their nature, imprecise and subject to error.
4. Risks regarding conduct. There is the potential that participants or third parties (e.g. belayer, other participants, first responders, hospital staff) may act carelessly or recklessly or generally fail to exercise care. There is also the potential that other participants may fail to adhere to The Mountaineers’ Standards of Participant Conduct, the Member Code of Ethics and the Prohibited Behavior Policy.
I understand that the above list is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss.
I represent that I have no mental or physical problems or limitations that might compromise or affect my ability to participate in the Activities which have not been disclosed to The Mountaineers. I represent I am fully capable of participating in the Activities without causing harm to me or others.
I acknowledge that participating in the Activities requires a special degree of skill and knowledge different from other activities, and that I am responsible for my own safety. My participation in the Activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks.
If the Activity includes international travel, I acknowledge that there are certain risks inherent in travel to the Activity location: unique political, legal, social, and economic conditions; different standards of design, safety, and maintenance of buildings, public offices, and conveyances; and local medical, environmental, and weather conditions. I further acknowledge that such political, safety, or health risks could result in illness, personal injury, or death and that I have been advised to inform myself of the particular health and safety risks that may be unique to the location of the Activity. I agree to apprise myself of this information prior to my departure in order to understand and appreciate the nature of such risks. I further understand that I have a continuing obligation to stay so informed during my travel. A Global Adventures Activity may have additional waiver or risk management requirements.
Assumption of Risk
I assume and accept full responsibility for the risks identified above, and for those risks not identified, in connection with my participation in any Activity. This includes without limitation the risks of serious injury or death, damage to property, or other damages to me or my family. I assume responsibility for my physical fitness and my capability to perform any Activity in which I am electing to participate. I understand that it is not the purpose of The Mountaineers to serve as the guardians of my safety. I also understand that if I am using my own equipment to participate in an Activity, I am responsible for its safety and good operating condition regardless of where I obtain it.
Waiver and Release From Liability
I hereby state that I wish to participate in Activities. In consideration the opportunity to do so, I agree to release The Mountaineers (as defined above) and waive any and all claims I might otherwise have for any harm, injury, or damage which may befall me while participating in an Activity. This includes any and all liability, claims, and causes of action arising out of or in any way connected with my participation in any Activity. This Release includes but is not limited to all liability for claims and causes of action in any way connected to property owned or leased by The Mountaineers, or the actions or inactions of The Mountaineers.
Indemnification/Hold Harmless
I agree to save and hold harmless The Mountaineers from any claim by me, or my family, estate, heirs or assigns caused by or arising out of my enrollment and participation in an Activity, to the maximum extent permitted by law.
I agree to indemnify (compensate) The Mountaineers for any expenses, costs, or charges incurred by The Mountaineers as a result of any harm, injury, or damage which may befall me while participating in an Activity. This includes all risks connected therewith, whether foreseen or unforeseen.
My Compliance
I agree to comply with The Mountaineers Terms & Conditions, which includes following all of the rules of the Privacy Policy to protect information of members. I agree to abide by the Standards of Participant Conduct, the Member Code of Ethics and the Prohibited Behavior Policy, which are affirmed and approved by The Mountaineers Board of Directors.
Photographic Release
I further understand that while participating in the Activities, I may be photographed by volunteers or other participants. On occasion, individuals donate photographs or videos to The Mountaineers, and I agree to allow my photograph or video to be used for any legitimate purpose by The Mountaineers, including but not limited to presentations, print and digital publications. I understand that I may contact The Mountaineers if I see myself in a publication and wish to have my image removed, and that The Mountaineers will make reasonable efforts to respect my request. I understand that I may ask volunteers and participants not to take pictures or videos of me while I am participating in an Activity.
Governing Law, Jurisdiction and Venue
The laws of the Washington shall govern this Release. The state or federal courts located in King County, Washington shall have exclusive jurisdiction to hear any claim brought against The Mountaineers.
Binding Agreement
The terms of this Release shall serve as a release, hold harmless, and indemnity agreement for my heirs, personal representatives, and for all members of my family, including any minors. This Release shall legally bind me, and my family members, spouse, estate, heirs, administrators, or personal representatives.
Severability
If a court decides that any part of this Release cannot be enforced, I agree to change that part to make it enforceable. If the unenforceable part cannot legally be changed, it will be severed, but the rest of this Release will remain in effect.
I have had sufficient opportunity to read this Release and seek independent advice if I have any questions. I sign it voluntarily, without any inducement, assurance, or guarantee being made to me. I have CAREFULLY read and understood this entire document, and have fully informed myself of its contents. I understand that by signing this Release I have given up substantial rights that I otherwise may have had. I AGREE TO BE BOUND BY ALL OF THE TERMS ABOVE. I INTEND THIS RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.