I. INTRODUCTION: Please read this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter "Document") carefully before signing. This Document must be reviewed and signed on behalf of every wilderness medicine course Participant. Undersigned is also the Participant if 18 years or older, but if Participant is under 18 years of age, then Undersigned is and must be the minor Participant's Parent or Legal Guardian and agrees to share details from this document with the minor Participant. In considerationof the services of Backcountry Pulse LLC, a Colorado limited liability company ("BCP"), Undersigned acknowledge and agree as follows:
II. NATURE OF RELATIONSHIP: BCP wilderness medicine course participants attend and participate in wilderness medicine courses in outdoor environments around the world. Undersigned recognizes that BCP does not take any responsibility for Participant's actions or omissions, negligent or otherwise. BCP reserves the right to remove Participant from a course if BCP believes, in its sole discretion, that Participant presents a liability, safety concern, or medical risk, or if Participant conducts itself in a manner detrimental to BCP or any other participant. If Participant is dismissed or departs from any BCP course or activity for any reason, Undersigned agrees to be responsible for all costs of my early departure.
III.ACTIVITIES; ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS: BCP organizes and operates year-round wilderness medicine courses in locations around the world ("Courses" Activities associated with Courses may include, but are not limited to: hiking, backpacking, camping, trail running, canyoneering, canyoning, coasteering, ice climbing, kayaking, mountaineering, alpinism, rafting, rock climbing, bouldering, downhill skiing, cross-country skiing, alpine touring, snowshoeing, teaching medical techniques, working with local guide organizations, stewardship projects, and travel in vehicles (including my own vehicle) to and from activities, courses, or otherwise (collectively referred to as "Activities" Activities may take place in changing outdoor environments anywhere in the world. Activities take place on land not owned or controlled by BCP. BCP does not oversee or take responsibility for any aspect or condition of Activity locations. Participant may participate in or observe, any Course and/or Activity, and Undersigned acknowledges and agrees that Participant doing so includes risks, inherent and otherwise. Undersigned further acknowledges that the inherent and other risks, hazards, and dangers (collectively referred to as "Risks") of the Course and Activities can cause injury (including mental or emotional trauma, paralysis, or other disability), property damage, death, or other loss to Participant or others. Some, but not all, of these Risks include:
Risks present in an outdoor environment. These risks include travel in high altitude (above 5,000 ft terrain, over land or water. Outdoor Courses and Activities may be subject to sun exposure, storms, including strong winds, rain, lightning, hail, snow, sleet, and other precipitation; currents, waves, fast-moving water, or whitewater; changing water levels; high or low water; hot, humid, or cold weather or water; rapid and unpredictable weather changes; avalanches; slippery rocks; landslides; falling or fallen timber; stinging, venomous, and/or disease carrying animals, insects, and microorganisms; poisonous plants; wild animals; and other natural or man-made hazards. Hazards (both on land and in water) may not be marked or visible. Weather is unpredictable year-around.
Risks involved in judgment and decision-making. These risks include the risk that Participant, a BCP staff member or contractor, another participant, or other person may misjudge Participant's (or others') capabilities, health, or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions, water level, or route location.
Personal health and participation risks. Participant's mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in Activities includes risks to those areas. BCP cannot anticipate or eliminate risks or complications posed by Participant's mental, physical (including fitness level), or emotional condition. Additionally, Undersigned recognizes that there may be wilderness first aid or other challenges of healthcare and related decision making in remote and wilderness locations, and accepts those challenges and risks.
Risks associated with any outdoor or athletic activities. These risks include the risk that Participant may overestimate its abilities or fitness; be inattentive; lose control; trip; fall; encounter other water/terrain/road/trail hazards; or fail to negotiate land or water conditions.
Risks connected with geographic location. Activities may take place far from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation, and medical care. Although Participant, other participants, course instructors, or others may have access to wireless communication devices (including cell or SAT phones), use of these devices in outdoor, mountainous, or any other terrain is unreliable and inconsistent. Equipment risks. Equipment, including medical equipment, used in an Activity may break, fail, malfunction, or be misused. This risk includes Participant's personal equipment or other equipment (whether purchased, borrowed, or rented If Participant chooses to bring and use its personal equipment, Undersigned assumes full responsibility for Participant choosing appropriate equipment and for the fit and condition of that equipment. Safety gear (such as personal floatation devices, ropes, first aid kits, etc may prevent or lessen injuries in some instances; however, use of safety gear, whether purchased, borrowed, or rented, is not a guarantee of safety, and injury can occur even with the use of this gear.
Risks associated with medical care. These risks include exposure to sharp objects (including needles, syringes, scissors, etc, bodily fluids, and exposure to chemicals, such as rubbing alcohol, iodine, and medications (topical, oral, and intravenous
Conduct risks. The potential that Participant, other participants, course instructors, or third parties, may act carelessly, negligently, or recklessly, and there could be legal liability.
Additionally, risks may result in the Participant falling to the ground or into water; being immersed in cold water; colliding with or impacting objects/people/equipment/rocks; getting caught or entangled in objects; experiencing vehicle collision, capsize, crash, or rollover; reacting to high altitude, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastro-intestinal distress or allergic reactions; or experiencing other physical or emotional problems. These and other circumstances may cause heat- or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness, bruises, sprains, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussion, sunburn or other burns, infections, cuts, wounds, or other injuries, damage, death, or loss.
Undersigned understands that BCP cannot assure Participant's safety or eliminate any or all Risks. During all Activities, Undersigned agrees that Participant's shares in the responsibility for Participant's own and the group's well-being and will take reasonable precautions to protect the group and Participant by, among other things, providing and carrying Participant's own Equipment, medications, and other supplies. Undersigned acknowledges that the Participant has received information about BCP's rules and policies. Participant's participation in the Course and Activities is voluntary with knowledge of the Risks; therefore, Undersigned agrees to assume and accept full responsibility and liability for the Risks (both known and unknown) of the Course and Activities, and assumes and accepts responsibility and liability for any injury, damage, death, or other loss suffered by Participant resulting from those Risks or caused to others, including the Risk of Participant's negligence or other misconduct.
IV. RELEASE AND INDEMNITY AGREEMENT: Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. Some governments' land agencies may restrict organizations like BCP from seeking releases of liability for negligence, for injuries, or for other losses occurring while operating under permit on some public lands. Except to the extent a court determines such restrictions apply to BCP as a matter of law, Undersigned AGREES:
(1) To release and not to sue Backcountry Pulse LLC, including owners, members, employees, agents, insurance carrier, subsidiaries, affiliates, shareholders, members, officers, directors, representatives, assignees, employees, volunteers and independent contractors (besides Instructor) involved in the Course and Activities (hereinafter the "Releases"), with respect to any and all claims, liabilities, suits, or expenses (including attorneys' fees and costs) (collectively "Claim" or "Claim(s)") for any injury, damage, death, or other loss in any way connected with Participant's participation in the Course and Activities, including Participant's use of any equipment or vehicle. With this release, Undersigned understands and agrees to waive all Claim(s) Undersigned and/or Participant may have against Releases, bind Participant's and/or Undersigned's estate and any family member/heir/other party from bringing such Claim(s), and agree that neither Undersigned, Participant, nor anyone acting on their behalf, will make a Claim against Releases as a result of any injury, damage, death, or other loss suffered by me;
(2)To defend and indemnify (meaning to protect by reimbursement or payment) Releasees with respect to any and all Claim(s) brought by Participant or Undersigned or on either of their behalf, including, but not limited to, spouse, other family member(s), heir(s) or estate, a course instructor or other participant, or any other person or party for any injury, damage, death, or other loss in any way connected with Participant's participation in, the Course and Activities, including Participant's use of any equipment or vehicle.
This Release and Indemnity Agreement includes Claim(s) of or resulting from BCP's negligence (but not its gross negligence, or willful and wanton misconduct), and includes Claim(s) for personal injury or wrongful death (including Claim(s) related to emergency, medical, drug and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
V. MEDICAL PROXY AND COSTS: With Undersigned's signature below, Undersigned authorizes BCP staff, BCP independent contractors, BCP Participants, and/or any medical personnel to obtainor provide medical care for Participant, to transport Participant to a medical facility, and to provide treatment that the relevant party considers necessary for Participant's health. Undersigned agrees to pay all costs associated with such medical care and transportation for Participant. Undersigned also agrees to the release (to or by BCP) of any of Participant's medical records necessary for treatment, referral, billing, or insurance purposes.
VI. OTHER PROVISIONS: Applicable Law and Dispute Resolution: Undersigned agrees that Colorado substantive law (without regard to its "conflict of laws" rules) governs this Document. Any dispute Undersigned and/or Participant has with BCP and all other aspects of their relationship with BCP, contractual or otherwise-including any dispute subject to mediation, lawsuit, or other proceeding-must be filed or entered into in Larimer County, Colorado. Undersigned and/or Participant agrees to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator before filing a claim in court or pursuing other legal action. Should there be any formal claims or suit brought out of the Services, Activities, or otherwise under this Agreement, the prevailing party is entitled to have his or her attorney's fees and costs paid by the losing party.
Media Release: Undersigned grants to BCP and/or its agent(s), the right and permission to photograph, film, record, and/or otherwise capture Participant's name, image, voice, written statement, photograph, and/or visual likeness (collectively "Images"), without compensation to Participant and/or Undersigned. BCP may use Images in any media throughout the world in perpetuity, including in broadcasts; for sale, reproduction, or display on the internet; in publications; and/or for any informational, educational, advertising, promotional, or other use. BCP retains all ownership rights and copyrights in Images. Undersigned waives any inspection or approval rights with respect to any Image(s Undersigned hereby releases, discharges, and holds harmless the CTSS, its employees, agents, representatives, and assigns from any and all claims, actions, demands, liabilities, costs, and expenses arising out of or in connection with the taking of and/or use of the Images, including but not limited to any claims for defamation, invasion of privacy, or infringement of intellectual property rights.
Severability: This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is found unlawful or unenforceable, such finding shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
This Document replaces and supersedes any former "BCP Acknowledgment and Assumption of Risks, Release,and Indemnity Agreement" signed by Undersigned. This Document is effective in regard to Undersigned's organization of, and participation in, all Activities from the date signed until Undersigned signs a subsequent Document as a Participant, and shall remain in full force and effect for all Activities Participant completes until that time.
BY CONTINUING, I AGREE: Undersigned has carefully read, understand, and voluntarily sign this Document with a full understanding of its significance, and acknowledge that it shall be effective and legally binding upon Undersigned, Undersigned's children, spouse, other family members, and Undersigned's heirs, executors, representatives, subrogees, assigns, and estate.