Release and Waiver Agreement The Thrival Foundation
  • RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, WARNING, AND INDEMNIFICATION AGREEMENT FOR PARTICIPANT

    This Release of Liability, Waiver of Claims, Assumption of Risk, Warning, and Indemnification Agreement ("Release, Waiver and Indemnification Agreement") is entered into this, 2024/2025, between The Thrival Foundation, a federal 501c3 nonprofit organization day of ("Idaho company whose mailing address is, Bellevue  ID, Thrival Foundation) and ("Participant"), ("Participant's Parents or Legal Guardian are collectively referred to as the "Guardians," as applicable) (Participant and Guardians are collectively referred to herein as "Undersigned"), whose legal address is (Street) (City State)(Zip Code)(Country) for purposes of memorializing that Participant is participating and that a child or young adult under the age of eighteen (18) years old will be participating, in a self-defense training led by Idaho Thunderbird and its agents. A guardian must also sign below if the participant is younger than 18.

  • The Thrival Foundation is a custom-tailored self-reliance experience company in the business of providing outdoor survival instruction to recreators of all ages, including adults and minors;

    Participants wish to enlist the services of The Thrival Foundation to instruct Participant

    The Camp will take place away from the participant's home and away from the

    Participation in the Camp's Activities (as defined herein below) is away from home and Guardian's supervision may potentially involve risks and responsibilities for the Undersigned that are beyond the scope of those normally associated with traditional recreation under The Thrival Foundation supervision, which may include, for example, personal injury or damage to personal property;

    The participant's participation in the Camp Activity is voluntary, and the Undersigned's signature and consent at the bottom of this form are necessary for the Participant to be eligible to participate in the Camp or class.

    The Thrival Foundation and the Undersigned wish to memorialize the special

    considerations of the parties and procedures that shall apply, outlined herein below;

    The Thrival Foundation has encouraged and advised the Undersigned to inquire in advance concerning the nature and details of Camp activities and any potential risks that will be assumed through participation.

  • NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, The Thrival Foundation and Undersigned hereby agree as follows:

    Permission and Agreement to Participate in Camp Activity. Guardians hereby give permission for the Participant to attend the Camp. In doing so, Guardians represent that Guardians are engaging The Thrival Foundation to lead Participant on an overnight and guided outdoor survival Camp that may include hiking, camping, and other outdoor activities, as well as using lodge area facilities, pools, hot-tubs, saunas, and other camping equipment for purposes of training Participant's to survive in outdoor conditions (collectively hereinafter the "Camp Activity" Undersigned agree and understand that the Activity can be HAZARDOUS AND INVOLVES RISK OF PHYSICAL INJURY AND/OR DEATH. Undersigned understands and acknowledges that risks related to the Camp Activity include, but are not limited to:

    falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects, other people, snowmobiles, and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of you, The Thrival Foundation agents, or other Participants to act safely (including Participants coach selection of terrain that exceeds his/her ability) or within their own ability including failure to stay within designated areas and comply with signage; falling snow or ice from natural or man-made sources; equipment malfunction, failure, or damage; improper use or maintenance of equipment; misloading, entanglements; varying visibility, storms, lightning, hail, snow, and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; your health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite; and/ or mental distress from exposure to any of the above.

  • RECOGNIZING THESE RISKS AND DANGERS, PARTICIPANT VOLUNTARILY CHOOSES TO PARTICIPATE IN CAMP ACTIVITY, GUARDIANS VOLUNTARILY ALLOW PARTICIPANT TO PARTICIPATE IN CAMP ACTIVITY, AND

  • UNDERSIGNED EXPRESSLY ASSUME ALL RISKS AND DANGERS OF CAMP

  • ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN,

  • Medical and Travel Insurance. The Thrival Foundation recommends, but does not require, Participant to obtain, secure by its own financial means, and maintain medical, dental, travel, and hospital insurance ("Insurance") over the Participant. The Thrival Foundation does not

  • maintain medical, dental, travel or hospitalization Insurance covering Participant's or injuries incurred in the course of or during the Camp Activity. Undersigned hereby acknowledges that it is the Undersigned's sole and absolute responsibility to investigate and obtain Insurance coverage for Participant while involved with, participating in, or traveling to the Camp or Camp Activities.

    The Thrival Foundation Policy. Undersigned hereby agree and acknowledge that Undersigned have received, reviewed, and agreed to the terms of the Thrival Foundations Safety Policy, which shall be presented at the commencement of the Participant's retreat experience. The Policy demonstration and tour shall set forth and incorporates the policies and procedures of the Camp Activity, including, but not limited to the Plus Wilderness first aid procedures and techniques. If Participant fails to abide by The Thrival Foundation policies, rules of conduct, and/or Camp instructor's, guide's and/ or coaches and guides' instructions during the Camp Activity, it may become necessary to discontinue his/her participation in the Camp Activity. In the event Participant's breach of the The Thrival Foudation Camp Policy, Guardians may be responsible for immediately undertaking supervision of Participant, which may include travel expenses related to the travel and return of Participant to his or her home and Guardian's supervision.

    Waiver and Release. In consideration for allowing Participants to participate in

    the Camp and Camp Activity, the Undersigned agree, to the greatest extent permitted by law, TO

    WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE,

    INDEMNIFY, AND AGREE NOT TO SUE The Thrival Foundation, each of The Thrival Foundation.

    affiliated companies and subsidiaries, and all of The Thrival Foundation insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, contractors, subcontractors, guides, representatives, assignees, officers, directors, members, and shareholders (each a "Released Party") for any injury, including death, loss, property damage or expense, which we may suffer, arising in whole or in part out of the Participant's participation in the Activity, including, but not limited to, those claims based on any Released Party's alleged or actual NEGLIGENCE or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care. We understand that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect Participant from the risks, dangers, and hazards of the Camp and Camp Activity.

    Consideration. In consideration for allowing the Participant to participate in the Activity, UNDERSIGNED FURTHER RELEASE AND GIVE UP ANY AND ALL

    CLAIMS AND RIGHTS THAT THEY MAY NOW HAVE AGAINST ANY RELEASED

    PARTY, understanding this releases all claims, including those of which Undersigned may

    not be aware, those not mentioned in the release, and those resulting from anything which has happened up to now.

    Indemnification. UNDERSIGNED AGREE TO DEFEND AND

    INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS,

  • including attorney's fees, WHETHER ARISING IN WHOLE OR IN PART FROM THE

    PARTICIPANT'S PARTICIPATION IN THE ACTIVITY, OR FROM ANY

    MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

    Minor Participant Acknowledgment. Guardians acknowledge that signing this Release, Waiver, and Indemnification Agreement on their own behalf, but that Guardians are also signing ON BEHALF OF THE MINOR PARTICIPANT and that the MINOR PARTICIPANT SHALL BE BOUND by all the terms of this Agreement. Additionally, by signing this Agreement as the parents or legal guardians of a minor Participant, Guardians understand that they also waiving certain rights on behalf of the minor Participant that the minor Participant otherwise may have. Guardians agree that but for the foregoing, the minor Participant would not be permitted to participate in the Camp or Camp Activity.

    Awareness of Risk. By entering this Release, Waiver, and Indemnification Agreement, the Undersigned acknowledge that they have made themselves aware of the potential risks associated with the Camp and Camp Activities, and all activities included therein, and that the Undersigned voluntarily and knowingly assume these risks.

    9. Idaho Law Applies. UNDERSIGNED AGREE THAT ANY AND ALL CLAIMS for injury, death, and/or loss regarding an alleged incident SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO and exclusive jurisdiction shall be in a court of

    competent jurisdiction in the state courts of Idaho located in Blaine County.

    Binding Agreement. Undersigned understand that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is our intent that this Agreement shall be binding upon our assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

    WE THE UNDERSIGNED HAVE CAREFULLY READ THE FOREGOING RELEASE OF

    LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, WARNING, AND

    INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. WE THE UNDERSIGNED ARE AWARE THAT WE ARE RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

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