Oak Creek Ranch School and Terra Trax Inc.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

                                                                                                                       

                In consideration of the services of Oak Creek Ranch School and Terra Trax Inc., their agents, owners, officers, land owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "OC/TT"), I hereby agree to release, indemnify, and discharge OC/TT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

 

1.        I acknowledge that my participation in rock climbing, rappelling, hiking, backpacking, and camping 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 risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 

 

The risks include, among other things: Slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; and improper lifting or carrying.

 

Furthermore, OC/TT employees and agents have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions.  They may give incomplete warnings or instructions, and the equipment being used might malfunction.

         

2.     I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 

3.     I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OC/TT from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of OC/TT’s equipment or facilities, including any such claims which allege negligent acts or omissions of  OC/TT. 

4.     Should OC/TT or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

5.     I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 

6.     I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

               

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against OC/TT, and any property owners on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document.

I have read and understood it, and I agree to be bound by its terms.

 

Signature of Participant _____________________________  Print Name____________________

Email_________________________________________ Phone___________________________________________________

Address_________________________________________________________________________________________

 

                                                     PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

                                                                      (Must be completed for participants under the age of 18)

 

                In consideration of                                                                                                                           (print minor's name) ("Minor") being permitted by OC/TT to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless OC/TT from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

 

Signature of Parent or Guardian:__________________________

Print Name:_____________________________ Date:_____________