This Assumption of Risk, Waiver, and Indemnification Agreement (this “Agreement”) is intended to fully inform participants of the risks associated with activities (the “Activities”) organized by Abundance Without Borders, a Utah nonprofit corporation (“AWB”) and requires that participants assume these risks and waive any claims of liability against AWB arising from the Activities. If any participant is not willing to assume the risks listed below or waive liability claims against AWB, that participant should not sign this form, in which case the participant will not be authorized to participate in the Activities. In consideration for attendance at and participation in the Activities, I, for myself and, if applicable, on behalf of the minor child(ren) listed on Exhibit A attached hereto, in my capacity as parent or legal guardian do hereby agree to be bound by this Agreement, and any rules, standards, or policies provided to me by AWB, or communicated to me by AWB at any time, orally or in writing.
1. Voluntary Participation. I understand and confirm that my participation in the Activities, and my authorization on behalf of my child(ren) to participate in the Activities, is voluntary and not for commercial purpose or for profit activity. I give permission for my child or youth to participate in the event and Activities and authorize any adult leaders supervising this event to administer emergency treatment to the above named participant for any accident or illness and to act in my stead in approving necessary medical care. This authorization shall cover the Activities and travel to and from the Activities. I agree that I am responsible for my own conduct, or the conduct of my child(ren) and I am aware of and agree to abide by AWB standards, group or event safety rules, and other pertinent instructions. My conduct and interactions will abide by AWB standards and exemplify good behavior in accordance with those standards. I understand that participation in the Activities is not a right but a privilege that can be revoked if any participant behaves inappropriately or if they pose a risk to themselves or others.
2. Assumption of Risk. I understand that the Activities include the opportunity to participate in exploring, river and canal boating, surfing, interaction with wild animals, swimming and other water activities in the ocean without a lifeguard on duty, working with complex or dangerous tools or equipment, interaction with unknown local citizens, presence in a developing country with increased levels of criminal activity or drug trafficking, and exposure to harsh weather conditions. I also understand that there are inherent risks to the Activities, including: injuries resulting from walking on uneven and/or artificial surfaces; slipping on wet surfaces; drowning; rope burns; anxiety; fear; strenuous working activities, walking and/or carrying equipment or materials on trails in or out of water; traveling on roads or paths next to motorized vehicles and amongst other cyclists, walkers and/or runners; accidents that may occur while traveling on route; getting lost; pulled muscles, muscle cramps or spasms; exposure to lead; cuts, bruises, blisters, broken bones, strains, sprains, falls, concussions, internal injuries, spinal injuries; exhaustion, dehydration; physical or emotional distress; injuries from contact with equipment; injuries occurring from colliding with other participants or objects; bad decision-making; misuse or failure of equipment; damage to clothing and other personal items; animal or bug bites or stings; sunburn; hypothermia, heat-related illness; adverse weather conditions including lightning, rain, hail, wind, snow, ice, cold, or heat; and other risks, hazards, or accidents, whether foreseen or unforeseeable. I specifically assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation and my child(ren)'s participation in the Activities. I understand that swimming or being in or around a pool or bodies of water is inherently dangerous. Such risks include, but are not limited to, serious injury, death, exhaustion, infection, dangers arising from surface hazards, equipment failure, inadequate safety equipment, negligence of AWB or its officers or directors, negligence and intentional misconduct of other users of such pools or bodies of water, and/or weather conditions. I understand that I am solely responsible for assessing my and my child(ren)’s own abilities, skill, and experience. I understand that it is my sole responsibility to be familiar with the Activities and to supervise my child(ren) accordingly. I also assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my use and my child(ren)'s use of any tools, equipment, or other resources provided, obtained, or sourced for the Activity (the “Activity Resources”). I understand that using, transporting, or being around the Activity Resources can be inherently dangerous. Such risks include, but are not limited to, serious injury, death, equipment failure, inadequate safety equipment, inexperience, negligence, or intentional misconduct of other users of the Activity Resources, including but not limited to the officers and directors of AWB or their children, and/or weather conditions. Use of the Activity Resources requires specialized skill, experience, and equipment. I understand that I am solely responsible for assessing my and my child(ren)’s own abilities, skill, experience, proper equipment, and circumstances in which the Activity Resources are used. I understand that it is my sole responsibility to be familiar with the Activity Resources, the circumstances in which they are used, and to supervise my child(ren) accordingly. I acknowledge that the above list is not inclusive of all possible risks associated with the Activities, and I agree that the list in no way limits the extent or reach of this Agreement. I voluntarily assume all risks associated with the Activities, including personal injury (including paralysis or death) and property damage or loss, with full knowledge and appreciation of the dangers and risks involved in my participation or the participation of my child(ren).
3. Waiver of Liability. I hereby knowingly and intentionally waive, release, covenant not to sue, and agree to hold harmless, and defend AWB, including their respective directors, successors, assigns, officers, employees, volunteers, contractors, and agents (the “Released Parties”), from and for all claims of loss, damage, or liability, including claims of personal injury, paralysis or death, and property loss, which may result from my participation in the Activities. This waiver of liability is effective even if the damage, injury, or loss results from the ordinary negligence or omissions of the Released Parties.
4. Ability to Participate and Medical Consent. I understand that the Activities are physically demanding and require physical and mental health and stamina. I certify that I, and my child(ren) as applicable, have sufficient physical and mental health and stamina to safely participate. I further certify that I have made my physician aware of the Activities and that he or she has approved my full participation. I also authorize the adult leaders supervising the Activities to administer emergency treatment for any accident or illness and to act in the stead of me and my parent or guardian in approving necessary medical care. I understand and agree that I am responsible for any expenses incurred for such medical care, including, but not limited to costs of transportation to and treatment from any hospital or medical center. I also authorize the medical provider selected by the AWB leaders to disclose protected/personal health information to the adult leaders and to any physician or health-care provider involved in providing medical care.
5. Travel Agreements and Acknowledgements. I understand and acknowledge that AWB and its officers and directors are not the source or supplier of any travel services involved in the Activities, and act solely as a guide and a reference for the Activities. I understand and acknowledge that the suppliers whose names appear in any information supplied to me for travel services I have ordered and requested are those who are actually responsible for providing such travel services to me. I hereby agree not to hold AWB or its officers or directors responsible should any of these suppliers: (1) fail to provide the travel services I have purchased; (2) fail to comply with any applicable law; or (3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience. I accept that AWB and its officers and directors are not responsible for, nor will I attempt to hold any of them liable for any injury, damage or loss I may suffer on the account of any conditions, actions or omissions arising out the actions of any third parties or unexpected circumstances. I agree that this disclaimer includes my entire traveling party and that in the event of any disputes, such disputes may only be litigated in the state of Utah with a maximum penalty not to exceed the total amount that I paid to Abundance Without Borders and its officers in the original transaction. I understand that changing any aspect of my travel arrangements may result in the payment of additional money that may be incurred by AWB and that AWB may refuse to provide me with services or accommodations if I fail to pay any additional payments required. Conversely, cancellation of any aspect of my travel arrangements may result in financial penalties. I acknowledge that substantial costs and expenses have been incurred by AWB and agree that I am not entitled to repayment of any amounts that I have paid to AWB, and that such payments are non-refundable. AWB and its officers and directors are not responsible for the issuance of travel identification such as passports and/or visas and travelers are responsible to ensure they have or have been approved for the appropriate documents before making any payment to AWB or agreeing to participate in the Activities. I understand that if traveling internationally, I must have a valid passport and depending upon my destination and nationality, I may need to obtain one or more visas, and I hereby represent that I have obtained all required documentation to participate in the Activities, and that AWB is not responsible for obtaining any such documentation. I understand that even nonprofit trip tours or other products related to the Activities are subject to supplemental price increases that may be imposed after the date of my initial payment to AWB. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by AWB to offset increased fees, fuel surcharges, taxes, food or accommodation expenses, and fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize AWB to charge payment for such additional amounts after I have been notified of pricing change. I understand that AWB and its officers cannot be held liable for weather conditions, safety issues, injury or death related to the Activities. In keeping with all applicable laws, I hereby authorize AWB and its officers and directors to help navigate me and my party throughout the Activities. I have authorized all transactions and actions necessary for AWB to provide the Activities and will hold AWB and its officers harmless with respect to these instructions. I agree to take any further actions or provide any consents or authorizations necessary to allow AWB to provide and administer the Activities.
6. Accessibility. I agree that I, on behalf of myself and on behalf of my child(ren), will only participate in the Activities and/or use the Activity Resources, as applicable, with the express permission of AWB, or its officers or directors, and will abide by any AWB rules attached hereto or provided to me in any document from AWB. I further agree not to bring any person not covered by this Agreement.
7. Release and Waiver. In consideration for participation in the Activities and/or use of or proximity to the Activity Resources, as applicable, I, for myself and on behalf of my executors, administrators, heirs, next of kin, representatives, successors and assigns, and my child(ren), do hereby (i) waive, release, and discharge AWB from any and all liability for my death, disability, personal injury, property damage, property theft, or actions of any kind that may occur to me while traveling to, using, and traveling from the Activities and/or using or being around the Activity Resources, as applicable, and (ii) covenant not to sue any or all persons associated with the Activities and/or the Activity Resources, as applicable, including, but not limited to, the Released Parties, AWB officers or directors, other participants and/or Activity Resources users, as applicable, and other invitees and their respective successors, assigns, affiliates, employees, attorneys, agents, and other representatives.
8. Indemnification. I agree to indemnify and to hold harmless the Released Parties from all claims for any claim, liability, injury, loss, damage, or expense, including attorneys’ fees and expenses, in any way connected with or arising out of my participation or my child(ren)’s participation in the Activities and/or my use or my child(ren)’s use of the Activity Resources, as applicable, whether or not caused in whole or in part by the negligence of the Released Parties.
9. Physical Condition. I hereby represent that neither I nor my child(ren) has any physical or medical condition, which would endanger me, my child(ren), or others in connection with our participation in the Activities and/or use of the Activity Resources, as applicable.
10. Binding Effect. This Agreement is effective and binding upon me, my assigns, heirs, representatives, executors, and administrators. If any provision of this Agreement is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision eliminated. The laws of the State of Utah, without giving effect to its conflicts of law principles, and the laws of the United States, govern all matters arising under and relating to this Agreement, including torts. I submit to the jurisdiction of and venue in the federal and state courts located within the State of Utah and any legal action arising out of or related to this Agreement, including torts, must be initiated in the courts of Utah County, Utah.
11. Consent to Medical Treatment. I hereby authorize AWB and its officers and directors to provide to me and to my child(ren), through medical personnel or otherwise, medical assistance, transportation, and emergency medical services if any of them deem it necessary or advisable. This consent does not impose a duty on AWB to provide such assistance, transportation, or other services.
12. Severability. If any term or provision of this Agreement or the application thereof to any persons or circumstances shall to any extent or for any reason be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of the instrument shall be valid and enforced to the fullest extent permitted by law.
13. Applicable Law; Fees. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Utah, and in any litigation arising out of the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs.