● Release of Liability: You release, hold harmless and promise not to sue Deerfoot for and from any and all liability, claims, and demands of whatever kind or nature, including those caused in whole or in part by the negligence of Deerfoot or the conduct of others, either in law or in equity, which may arise from the Activities or your presence at Deerfoot, directly or indirectly.
● Medical Treatment Release and Waiver: You release and forever discharge Deerfoot from all claims, including those based on negligence, which may arise on account of any first aid, treatment or service rendered in connection with the Activities by Deerfoot or others. You give Deerfoot permission to provide, obtain and/or consent to emergency treatment in case of illness, injury, emergency, or accident. Should emergency medical services become necessary, the expenses are solely your responsibility and not that of Deerfoot.
● Assumption of the Risk: You assume the risk of any and all injury or harm inherent in or expressly stated in connection with the Activities including those caused in whole or in part by the negligence of Deerfoot or the conduct of others.
● Indemnification: If, despite this Agreement, you make a claim for liability against
Deerfoot, you will indemnify, defend and hold harmless Deerfoot from any all costs
(including attorneys fees and costs) and liability which may be incurred as a result of such claim.
● Photographic Release: You consent to and grant to Deerfoot all rights of use, title and interest in any photographic images or video or audio recordings made by Deerfoot during the Activities without any right of approval or editing and to use the same for websites, brochures, newsletters or in any other Deerfoot publications.
● Jurisdiction: You agree to use the Courts of New York in Albany County (if the Activities originate in New York) or of North Carolina in Jackson County (if the Activities originate in North Carolina) as the exclusive forum for any claim or dispute; that this Agreement is intended to be as broad as permitted by the laws of that State; and that this Agreement shall be governed by the laws of that State.
● Waiver of Trial by Jury: You agree to waive your constitutional right to a trial by a jury in any legal proceedings resulting from injury or loss incurred as the result of the Activities.
● Integration Clause: You agree that this Agreement supersedes any and all previous oral or written promises or agreements and that it constitutes the entire agreement which cannot be modified except in writing by all parties.
● Severability: You agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the jurisdiction indicated above and if any portion is held invalid, it is agreed that the balance shall continue in full force and effect.
● No termination: This Release will remain in effect for all future Activities offered by Deerfoot unless terminated by you in writing prior to engaging in such future Activities.