The individual named prior (referred to as “I” or “me”) desires to participate in adventure and recreational activities described below (the “Activities”) provided by the Boy Scouts of America, a corporation chartered by the U.S. Congress (“BSA”), at the BSA’s facility located in Fayette County, West Virginia, known as the Summit Bechtel Reserve (“The Summit”). In consideration of being permitted by the BSA to participate in the Activities at The Summit and in recognition of the BSA’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
Safety is a paramount concern of the BSA. However, the Activities are hazardous and have inherent risks which are impossible to eliminate. Such risks include:
Activity Risks such as
Mountain Biking
These courses have a wide variety of terrain. Some of the courses are narrow and winding and incorporate natural and man-made features. Weather
conditions can make the courses slippery and control more difficult. The risks of mountain biking include serious injury or death from falling off the bike,
hitting obstacles on or near the course, colliding with or being struck by other bikes or persons, and loss of control. Maneuvers must be approved by the
activity staff before being attempted. Protective equipment must always be worn.
Zip Line and Canopy Tours
Injury, including serious injury to hands, legs, and feet, can result from improper braking or landing. Spinal or head injury due to shock loading can also result from improper braking or landing. Activities require special harness and fall protection equipment which must be properly fitted. Participants must attend “ground school” training and follow all instructions of activity staff.
Climbing and rappelling; Challenge Courses
Serious injury or death can result from falling, entanglement in ropes or equipment, or loss of control. Participants engaged in instructional activities with
other participants may also be at risk if other participant(s) fail to follow instructions or lose control. Activities require special harness and fall protection equipment which must be properly fitted.
Skateboarding
Serious injury or death may result from falls, including injury to the head, extremities, neck, and spine. Skateboarding requires skill and experience, especially before attempting maneuvers. Maneuvers must be approved by the activity staff before being attempted. Protective equipment must always be worn.
Whitewater Activities
Water activities can result in injuries or drowning due to loss of control, fatigue, hidden and natural hazards, or being struck by out-of-control equipment.
Personal flotation devices must be worn and secured at all times. Whitewater rafting is provided by contract vendors who are licensed by the State of West
Virginia. Those vendors will provide transportation, training, equipment, and supervision. A separate warning and release form provided by the vendors must
be signed by participants, and a parent or guardian for those under 18, and produced at the time of trip departure.
Firearms and Archery
These activities include shotgun, rifle, pistol, crossbows, bow and arrow, chalk balls and other projectiles. Serious injury or death can result from mishandling
firearms or archery equipment. Hearing protection is required when using firearms to avoid damage to hearing. Firearms must always be handled as if loaded
and must always be pointed down range. Only range personnel may clear firearms from misfires. Loaded bows must always be pointed down range.
Water Sports
These activities include standup paddle boarding, boating (e.g., Dragon boats), kayaking, scuba diving, and other aquatic activities. Water activities can
result in injuries or drowning due to loss of control, fatigue, hidden or natural hazards, or being struck by out-of-control equipment. Flotation devices must be
properly fitted and worn as required.
Hiking
Hiking is strenuous and requires participants to consume additional water to avoid dehydration. There are natural hazards along the trails which can be
harmful if not avoided, including holes and uneven ground, ditches, poisonous plants and snakes, ticks, and flying insects. Injury can result from a loss of
footing or falling off trails or other elevated or inclined areas. The trek to Garden Ground Mtn requires a vertical ascent of about 1,000 feet over several miles
of improved trail.
All-terrain Vehicle (ATV) and Utilityterrain vehicle (UTV) Activities
These activities are conducted on closed courses and participants must complete safety training. Protective equipment must always be worn. Participating in
ATV and UTV activities, including driving your personal vehicle, can result in serious injuries, death, and/or property damage caused by, among other things,
variations in terrain, slope or angle of terrain; surface or subsurface conditions, including rocks, trees or other forms of forest growth or debris; collisions with
signs, markers, width restrictors, culverts, bridges, pipes, equipment, vehicles or any other objects or fixtures used in trail management or natural resource
management; and collisions with electrical transmission poles, towers, lines, guy wires or any component thereof. When improperly operated, ATVs can rollover, experience unexpected mechanical failure, and hit other objects.
I acknowledge that, pursuant to West Virginia law, I have sole individual responsibility for knowing the range of my own ability to participate in a particular Activity and acting within the limits of my ability. Some Activities may have height and/or weight limitations which prohibit those who do not meet the limitations from participating.
Some of the Activities are not suitable for small children. The Activities may not be suitable for those with heart, orthopedic or other medical conditions, which could
increase the risk of death or injury. Some of the Activities require advanced skill levels and should be used only if the participant has the knowledge and experience
to use them. BSA staff members are available to answer questions about each Activity, but it is my sole responsibility to determine whether I am capable of safely participating in the Activity.
In addition, I acknowledge that I have a duty to heed all posted warnings, act in accordance with the instructions of any employee of the BSA, perform each Activity only in the area or facility designated by the BSA, and refrain from acting in a manner which may cause or contribute to the injury of anyone (e.g., not following instructions, ignoring my physical limitations, participating in an Activity while impaired or fatigued, engaging in horseplay). All equipment must be used properly, all personal protective equipment must be fitted and always worn during an Activity, and loose-fitting clothing and personal articles which could become entangled in equipment should be removed prior to the Activity.
I am aware and understand that the Activities are potentially dangerous and involve the risk of serious injury, disability, death, and/or property damage. I acknowledge that any injuries I sustain might result from or be compounded by the actions, omissions, or negligence of the BSA, including negligent emergency response or rescue operations of the BSA. Notwithstanding the risk, I acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising from my participation in the Activities, whether caused by the ordinary negligence of the BSA or otherwise.
Furthermore, I am aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the risk that I may be exposed to or contract COVID-19 or other infectious diseases by being on The Summit property and engaging in the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including BSA employees. I understand that while the BSA has implemented preventative measures designed to reduce the spread of COVID-19, the BSA cannot guarantee that I will not become infected with COVID-19 or other infectious diseases while at The Summit and that being at The Summit may increase my risk of contracting COVID-19. Notwithstanding the risks associated with COVID-19, I acknowledge that I am voluntarily entering The Summit to engage in the Activities with knowledge of the danger involved. I hereby agree to accept and assume all risks of personal injury, illness, disability, death, and/or property damage related to COVID-19 arising from my being at The Summit or engaging in the Activities, whether caused by the ordinary negligence of the BSA or otherwise.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the BSA and its affiliates, and its and their respective officers,
directors, employees, agents, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in an Activity or being on BSA’s
property and exposed to or contracting COVID-19, whether arising out of the ordinary negligence of the BSA or any Releasees or otherwise. I covenant not to make or bring any such claim against the BSA or any other Releasee, and forever release and discharge the BSA and all other Releasees from liability under such claims. This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, next of kin, and administrators without limitation. This Release and Wavier does not extend to claims for gross negligence, willful misconduct, or any other liabilities that West Virginia law does not permit to be released by agreement.
I will indemnify the Releasees against all damages, losses, costs, or expenses (including legal fees) incurred by them or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in an Activity. I will reimburse the Releasees if anyone makes a claim against them in connection with my participation in an Activity, including without limitation any accident I may be involved in or any injury, loss, damage to me, other parties or property, however caused.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in an Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the BSA from any claim based on such treatment or other medical services.
I hereby grant the BSA, without limitation, the right to use my name and likeness in connection with the Activities for any publicity without further compensation or
permission.
This Release constitutes the sole and entire agreement of the BSA and me with respect to the subject matter contained herein and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision
of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the BSA and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of West Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of West Virginia or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Kanawha County, West Virginia, and I hereby consent to the exclusive jurisdiction of such courts.