In consideration for my, or my child, being permitted by Merck Forest and Farmland Center (MFFC) to use the shelters / cabins owned and operated by the foregoing, I acknowledge and agree to the following warning, waiver, release, and indemnity.
I acknowledge that backcountry and wilderness travel to, from, and between shelters and the use of shelters have inherent risks, hazards, and dangers that cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I understand that these risks, hazards, and dangers include without limitation:
(1) Risks arising from any activities in the areas that are not patrolled or policed, where road and trail conditions vary and are not maintained or controlled and are unpredictable and changeable, where obstacles are not marked and hazards may not be visible, where weather is changeable and unpredictable;
(2) Risks involved in decision making and route finding in a wilderness environment in mountainous terrain and risks of getting lost and of not reaching a shelter;
(3) Such other risks, hazards, and dangers that are inherent in and integral to wilderness travel and outdoor activities such as hiking, horseback riding, skiing, and bicycling in a wilderness environment and mountainous terrain;
(4) Risks arising from the use of remote, simple shelters and cabins with no communication systems in a wilderness environment in mountainous terrain.
I have read the information provided to me by Merck Forest and Farmland Center through my group leader concerning the use of cabins and shelters. I also acknowledge that Merck Forest and staff have been available to more fully explain to me the risks, hazards, and dangers of use of MFFC cabins and shelter. I understand that use of the cabins/shelters in a wilderness environment in mountainous terrain may require good physical conditioning and a degree of skill and knowledge different from other activities. I understand that I have responsibilities as a backcountry user. I AM VOLUNTARILY USING THE MFFC CABINS/SHELTERS WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISK OF INJURY, PARALYSIS, OR DEATH.
Lastly, I, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS MERCK FOREST AND FARMLAND CENTER, its directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) and ORDINARY NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, paralysis, or death to me, my children, or my property as a result of my traveling to, from, or between cabins / shelters at Merck Forest and Farmland Center, the use of the its information services and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, or death results from ORDINARY NEGLIGENCE of Merck Forest and Farmland Center or any of them, the directors, officers, agents, employees, and volunteers of from some other cause.
In the event I am a group leader, I agree to save and hold harmless, indemnify, and forever defend Merck Forest and Farmland Center, its directors, officers, agents, employees, and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys fees) and ORDINARY NEGLIGENCE made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed, or had signed by a parent or guardian, and delivered to Merck Forest and Farmland Center, Warning And Acknowledgement Of Risk, Release of Liability And Indemnity Agreement, as a result of said member’s travel to and use of cabins / shelters, the property and facilities of Merck Forest and Farmland Center.
I, for myself, my heirs, my successors, executors and subrogors, further agree not to sue Merck Forest and Farmland Center as a result of any injury, paralysis, or death suffered in connection with my use of the cabins / shelters or the traveling and skiing to, from, and between the cabins / shelters. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS USE, WAIVER AND RELEASE AGREEMENT.