Full Assumption of Risk and Release of Liability Related to Participation in Activities Form
READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND DESTINATION REHAB, AN OREGON NONPROFIT CORPORATION WITH 501(c)(3) STATUS. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS FULL RELEASE COVERS ALL ACTIVITIES OF DESTINATION REHAB IN WHICH YOU PARTICIPATE FOLLOWING THE DATE YOU SIGN BELOW.
In consideration of being allowed to learn from and participate in any of the activities or programs (collectively “Activities”) sponsored by Destination Rehab (the “Organization”), you acknowledge and agree as follows:
1. POTENTIAL RISKS. Participation in Activities involves risks. It is not possible to compile a complete list of all risks. However, by signing this form, you acknowledge your full understanding that your participation in Activities involves a wide variety of risks, up to and including the possibility that you may suffer serious injury or illness, including permanent disability, paralysis, and death.
2. YOU ASSUME ALL RISKS & CERTIFY APPROPRIATE MEDICAL CONDITION. You fully understand and acknowledge that you voluntarily, knowingly, and freely assume and take full responsibility for all risks, known and unknown, related to your participation in Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate in any Activities with Organization and for deciding in which Activities you can safely participate. For some, but not all, participants, one of the Organization’s physical or occupational therapists has provided an evaluation and suggested these Activities because they believe that the potential benefit outweighs the risk that is always inherent in any physical activity. However, regardless of whether you have been evaluated by one of the Organization’s therapists or not, you acknowledge that this recommendation does not nullify the inherent risk in the Activities or any other part of this Agreement. You also acknowledge that you are aware of your physical condition and capabilities and believe that you are physically capable of participating in Activities. You understand and warrant that if at any time you believe any condition to be unsafe, you reserve the right, without penalty, financial or otherwise, to immediately discontinue further participation in Activities and bring such condition to the attention of Organization’s management.
3. THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS FULL RELEASE. The persons and Organizations covered by this Full Release include: Organization and its directors, officers, members, staff, employees, volunteers, assigns, agents, contractors, representatives, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, the owners, operators, and lessors of premises on which the Activities take place (“Agents”).
4. YOU RELEASE ALL CLAIMS AGAINST ORGANIZATION AND ITS AGENTS. You hereby agree for yourself and for your heirs, relatives, next of kin, representatives, estate, agents, and assigns, that you will not hold liable Organization or any of its Agents, and that you will waive and release any and all claims, actions, suits, demands, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and expenses, and liabilities of every kind and character whatsoever against them (“Claims”) resulting from any of the following (“Losses”): Damages to, or loss of, your property; your injury or death; or any other losses, costs, and damages, including those that are not readily foreseeable, which result from or arise in connection with your participation in any of the Activities of Organization including as a result of the action or inaction of other participants in Activities or the negligence of Organization or any of its Agents, other than that which results from the gross negligence, wanton or willful misconduct, or reckless or intentional conduct of Organization or its Agents. You understand that this waiver includes a waiver of liability for acts of negligence. In addition, you agree to indemnify Organization and its Agents for any Claims made against them, on your behalf or otherwise, as a result of any Losses. In addition, Organization and its Agents shall not be liable for any Losses that occur while traveling to or from Organization Activities, or from place to place during Organization Activities, whether by Organization’s vehicle, your vehicle, or another participant’s or volunteer’s vehicle, other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct of Organization or its Agents. Nothing in this release imposes liability upon Organization or its Agents for any losses or damages caused solely by third parties, including other participants in Organization’s Activities.
5. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT WHO IS YOUNGER THAN 18 (“CHILD”), ON WHOSE BEHALF YOU ARE SIGNING THIS FORM, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child on whose behalf you are signing this form, you assume all risks and release all Claims on behalf of your Child and your Child’s heirs, relatives, next of kin, representatives, estate, agents, and assigns in the same way and to the same extent as you do for yourself in this Full Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your,” are used in this Full Release, those terms shall be interpreted to cover both yourself, where applicable, and the Child participant for whom you are signing.
6. IF YOU CAUSE DAMAGE TO ANY ACTIVITY SITE, YOU AGREE TO PAY FOR ITS REPAIR. If you cause damage to the Activity site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Activity site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.
7. HELMET USE. By signing this Full Release, you agree to use a helmet when participating in the following activities: Alpine skiing, cycling outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Organization or its Agents. You agree that you understand that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head and that the activities can expose you to forces that exceed the limits of protection provided by a helmet. You agree to assume full responsibility for complying with this paragraph and that Organization and its Agents shall not be liable for any injury or damage resulting from your failure to use a helmet.
8. SEVERABILITY, MODIFICATION, AND WAIVER. If any provision of this Full Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Full Release, or the application of that provision to other persons or circumstances, must not be affected thereby. You agree that this Full Release may only be modified in writing, signed by both of the parties, and a waiver of any provision shall not be construed as a modification of any other provision herein or as a consent to any subsequent waiver or modification.
9. GOVERNING LAW. This Full Release shall be interpreted according to the laws of the State of Oregon, and the parties consent to the personal jurisdiction of the Deschutes County Circuit Court in the State of Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.
THIS FULL RELEASE IS INTENDED TO PROTECT THE ORGANIZATION AND ITS AGENTS (LISTED IN PARAGRAPH 3) FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY OREGON LAW.
The undersigned has/have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that the undersigned is/are giving up substantial legal rights.