DAISY MOUNTAIN ROCK AND MINERAL CLUB: General Assumption of Risk and Release of Liability For All Members and Guests. Caution: This is a release of your legal rights. Read and understand it before signing.
The Daisy Mountain Rock and Mineral Club, hereinafter referred to as the Club, is a not-for-profit Corporation organized under the laws of the State of Arizona. All references to the Club herein include its officers, Trustees, members, volunteers, employees, contractors, agents, and assigns; its field trip leaders and field trip drivers; and all private property owners, mine and mineral claim owners and their lessees upon whose property or claim the Club has been given permission to collect specimens. By signing this document, the undersigned agrees to and acknowledges the following:
GENERAL TERMS: I freely choose to participate in Club activities including field trips, and I understand that my participation in said activities is contingent upon my agreement to the terms and conditions of this document. While participating in Club activities, I agree to abide by any and all rules and standards of conduct, including health and safety standards, which may be determined by the Club or which may be deemed prudent by a reasonable person. I further agree to obey all federal, state and local laws and regulations; which may apply to the location or nature of the Club activity. Failure to abide by said rules and laws may result in my being barred, without further notice, from participation in future Club activities, at the sole discretion of the Club. This document shall be retained in the Club’s records, and shall apply to all Club activities in which I may participate until such time as the Club deems it necessary to amend the terms and conditions of this document.
HEALTH, SAFETY and RISKS: I have been advised to consult with a medical doctor with regards to my own personal medical needs, and I certify that there are no health-related reasons or problems that would preclude or restrict my participation in any Club activity in which I choose to participate, nor do I have any medical conditions that could be exacerbated by my participation in said activity. I understand and accept that there are certain risks and hazards associated with the Club’s activities, including the transportation to and from said activities, which could lead to injury, illness, death, or loss of or damage to personal property. These risks include but are not limited to rocky, steep and unstable terrain; strenuous hiking and climbing; tripping and falling hazards; exposure to high altitudes; risks inherent to activity in a desert environment including dehydration and heat exhaustion; unstable mine openings, tailings piles and structures; dangerous or venomous animals; dangerous plant life; weather conditions including lightening and flash flooding; possible exposure to dust-borne spores and silica dust; possible exposure to toxic or radioactive minerals; possible exposure to gunfire; possible confrontation with humans involved in illegal or unsafe activities; and the actions, including gross negligence, of any other activity participant associated with the Club. I recognize the Club is not obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefore. In case of a medical emergency during my participation in any Club activity, I authorize the Club in advance to secure whatever treatment is necessary, and to take any actions it considers to be warranted regarding my health and safety. I certify that I have adequate insurance to cover any injury or damage I may sustain while participating in a Club activity, or else to bear the costs of such injury or damage myself.
GOVERNING LAW: This agreement shall be governed by the laws of the State of Arizona, which shall be the jurisdiction for any dispute arising hereto. Should any part of this document be held invalid, the rest of this document shall continue in full force and effect. I acknowledge that should I sustain injury, illness, death, or damage or loss to personal property during the course of my participation in any Club activity, I or my heirs may be found in a court of law to have waived my right to maintain a lawsuit against the Club and I may be liable to reimburse the Club for any legal fees and court costs it may incur.
GUARDIANSHIP: If I am signing below as parent or legal guardian, temporarily or otherwise, of a minor under the age of 18 years, or as guardian for someone who is not legally capable of making their own decisions, I certify that I am legally allowed to do so and that my agreement is binding upon any other person or entity that might claim legal guardianship.
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND SIGNATURE: Now, in consideration for permission to participate in Club activities, I certify that I am freely requesting to participate in Club activities at my own risk and that I understand and agree to all of the above terms, conditions and disclosures. I agree to forever release, indemnify, defend and hold harmless the Club, as defined above, from and against any and all liability or claim for any injury, illness, death, damage or loss that I or those under my guardianship might suffer or incur arising out of my participation in any Club activity or the participation of anyone under my guardianship. I agree not to file a claim against any of the Club’s insurance policies, or against the personal insurance policies of any of its members leading field trips or providing transportation to any Club activity. I further agree to assume all legal and financial responsibility for any injuries or damages that I might cause to the Club or any of its members in the course of participation in any Club activity. This agreement shall be binding on my heirs, successors and assigns, and shall survive the termination of my association with the Club.
PHOTO RELEASE: When attending club meetings, wire wrapping & lapidary sessions, and outdoor field trips the DMRMC has your voluntary permission to use your photograph publically to promote the club. You understand that the images may be used in print publications, online publications, presentations, our website, and social media.
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