In consideration of the services of School of Lost Borders, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SLB"), I hereby agree to release, indemnify, and discharge SLB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participating in an SLB program and gathering in a group may expose me to infectious diseases including but not limited to COVID-19 - also referred to as "the coronavirus" and most officially as "severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)". My potential exposure to any infectious disease entails known and unanticipated risks that could result in physical or emotional injury and even death. Contracting any infectious disease may cause damage to myself, or to third parties. I understand that such risks simply cannot be entirely eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Becoming severely ill in remote areas that are far from definitive medical assistance. The closest medical facilities may not be able to effectively treat COVID-19 or other infectious diseases. Pre-existing medical conditions, both known and unknown to the guides, may increase the chances of injury or death. Despite efforts to screen all participants for signs or symptoms of infectious disease, both before and during an SLB program, there is no way to ensure that all participants are free of infectious diseases before or while attending an SLB program. SLB will make good faith efforts to minimize the risk of transmission of COVID-19 or infectious diseases, but preventive measures undertaken by SLB and its employees or contractors may be ineffective at preventing such transmission.
2. I expressly agree and promise to accept and assume all of the risks of contracting COVID-19 or other infectious disease as a participant on an SLB program. 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 SLB 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 SLB's equipment or facilities, including any such claims which allege negligent acts or omissions of SLB.
4.Should SLB 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.In the event that I file a lawsuit against SLB, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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 SLB 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. I agree to be bound by its terms.