ASSUMPTION OF RISK AND AGREEMENTS OF RELEASE, INDEMNITY, AND INTELLECTUAL PROPERTY
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT YOU SURRENDER CERTAIN RIGHTS YOU (OR YOUR MINOR CHILD) MAY HAVE IN THE EVENT OF AN INJURY OR OTHER LOSS. THIS DOCUMENT SHOULD BE SIGNED BY ALL PARTICIPANTS AND VOLUNTEERS IN ADVENTURE SCIENTISTS ACTIVITIES WHO ARE 14 YEARS OF AGE AND OLDER. NOTE THAT, FOR CERTAIN PROVISIONS, A PARENT OR GUARDIAN MUST SIGN FOR A PARTICIPATING MINOR CHILD.
- Activity and Associated Risks
I understand that I will be participating in certain data collection or activities provided or facilitated by Adventure Scientists, a Montana not-for-profit corporation, and its agents, associates, and independent contractors (the “activities”). The activities in which I will be participating have been described to me via materials provided by Adventure Scientists, and members of Adventure Scientists staff have been available to answer my questions.
I understand that the activities of Adventure Scientists involve risks and dangers, inherent and otherwise. As a result, I may be exposed to year-round and seasonal hazards, risks, and dangers including – but not exclusively – those ordinarily associated with strenuous physical activity in high altitude mountainous or wilderness terrain; oceans, lakes, or rivers; jungles, deserts, or tundra; or remote front-country areas. These activities may occur in remote places in the United States or around the world, and communication and evacuation may be difficult and medical care may be significantly delayed. Travel may occur across streams, rivers and lakes, and over rock, snow and ice. Travel may be by automobile, bicycle, van, bus, air or other conveyance, involving risks associated with such travel. Travel and camping will be subject to the unpredictable forces of nature, including extreme weather, falling rock, avalanches, lightning, wildfires and earthquakes, resulting in a variety of injuries or illnesses, including hypothermia, frostbite, high altitude illnesses, heat stroke, dehydration and other conditions. Participants may be exposed to wild animals that may cause serious harm and whose behavior cannot be predicted. Equipment may fail or malfunction despite reasonable maintenance and use. Errors of judgment may occur, by instructors and co-participants. These risks, hazards and dangers may result in participants being injured by objects, animals or people; and suffering sprains, fractures, cold water immersion, drowning and other trauma, including sickness, mental distress, disability or death.
- Relationship to Adventure Scientists
I understand that the scope of my relationship with Adventure Scientists is limited to a volunteer position, is not an employment relationship, and that no compensation is expected in return for my participation. I acknowledge that Adventure Scientists will not provide any benefits traditionally associated with employment; and that I am responsible for my own insurance coverage in the event of personal injury or illness as a result of my services to Adventure Scientists.
Further, I understand that Adventure Scientists does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance normally offered to employees of Adventure Scientists. I expressly waive any such claim for compensation or liability on the part of Adventure Scientists beyond what may be offered freely by Adventure Scientists in the event of injury or medical expenses incurred by me.
III. Assumption of Risks for Activities on Certain Federally-Managed Lands
The National Park Service and some other federal land management agencies including the Gallatin, Shoshone, Bridger-Teton, and Targhee National Forests do not allow certain types of service providers to be released from liability for injuries to visitors occurring on lands under their jurisdiction. Such service providers are allowed to obtain only an assumption of inherent risks from their client.
I understand the activities and their risks and dangers on certain federally-managed lands. In consideration of the right to participate in an Adventure Scientists activity, I hereby acknowledge and voluntarily assume the inherent risks of the activity, including, but not exclusively, those described above.
- Assumption of Risk, Release of Liability, Indemnification, and Hold Harmless for Activities on All Other Lands
Many Adventure Scientists activities occur off such lands or otherwise, as a matter of law, not be subject to those limitations illustrated in Section II. For such activities Adventure Scientists seeks the following additional protection. Please read carefully and sign below. If I am an adult participant, or the parent or guardian of a participating minor child, I agree, for myself and on behalf of any minor child for whom I sign below, as follows:
I hereby freely assume all above-mentioned risks, known or unknown, inherent or otherwise, of the Adventure Scientists activities in which I (or the child) will be participating, as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the activities or during any transportation to or from the activities – including any injury or loss caused by the negligence of Adventure Scientists, its employees, agents and officers, its contractors, and other participants. I also understand that any equipment that I provide or may borrow or rent from Adventure Scientists or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
I hereby release and hold Adventure Scientists, its directors, trustees, staff, agents, associates and independent contractors (“released parties”) harmless from any and all liability, actions, causes of action, claims and demands, including for negligence, which I or the minor child may have, arising out of or in any way related to my (or the minor child’s) participation in an activity of Adventure Scientists, including transportation to and from an activity.
In addition, I hereby indemnify Adventure Scientists and all released parties from any claim, including a claim of negligence, brought by me, the child, by any member of my or the minor child’s family, by a co-participant or any other person on account of an injury or loss incurred by or caused by me or the minor child, and in any way related to an activity of Adventure Scientists.
The following provisions apply to all Adventure Scientists activities, wherever they occur:
- COVID-19 Statement and Liability Waiver
The spread of the respiratory illness, COVID-19, that is caused by the coronavirus SARS-CoV-2, has been declared a pandemic by the World Health Organization. COVID-19 (together with any mutation, adaptation, or variation thereof) is extremely contagious, can result in illness or death, and is spread primarily from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and wearing masks.
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk of exposure or infection that may accompany the Activities all party members and I intend to perform. I release, covenant not to sue, forever discharge, and hold harmless Adventure Scientists, its employees, agents, and representatives, of and from personal injury, illness, permanent disability, damage, loss, claim, liability, or expense of any kind related to COVID-19 that I may experience or incur in connection with my participation in these Activities. Further, I am aware that I must follow local, state, and federal guidelines for social distancing and safety and hygiene protocols that have been recommended or mandated by relevant authorities.
- Statement of Fitness
I am (or the participating minor child of whom I am parent or guardian is) in good general health and not under a doctor’s care for any condition which might endanger my (or the child’s) health or safety or that of any other participant. In case of an injury or illness, I agree to bear the cost of any evacuation and medical care, including, by way of example, by ambulance, helicopter, rescue team or other professional medical care given, for me (or any minor of whom I am parent or guardian). I understand that I must provide health and accident insurance for myself (or the minor child). Adventure Scientists is authorized to release to any third party caregiver information pertinent to my, or the child’s, medical condition.
- Use of Likeness
The following provision applies to intellectual property associated with Adventure Scientists activities:
I hereby authorize Adventure Scientists to use submitted photographs, trip reports or blog posts of its activities, which might include me (or the minor child) in future publicity, which may include other organizations. Upon submission of photos, writing, video, audio or other media to Adventure Scientists, I authorize the organization to use that media for future promotional use. I will clarify any requirements for credit upon submission.
- Applicable Law and Severability
I agree that in the event I or the minor child should have any claim against Adventure Scientists or any released party such claim or suit shall be brought in the State of Montana, and Montana law, but not that which might apply the laws of another state, shall apply; If any part of this agreement is deemed unenforceable by a court of law, the remaining portions nevertheless will be in full force and effect.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.