Please read this form carefully. It affects your legal rights.
This document must be signed by all participants. "Participant" includes both adults and minors (participants under the age of 18). If a participant is a minor, at least one parent or legal guardian must also sign this document. Do not sign this form without reading and understanding it. If you have any questions, please ask before signing.
As used in this agreement (hereinafter "Agreement"), "Five Miles Further" means, its owners, directors, officers, employees, guides, instructors, agents, volunteers, contractors, and affiliated entities (collectively referred to as the "Released Parties").
1. Activities and Inherent Risks
I understand that Five Miles Further provides guiding, instruction, and related logistical support for activities including, but not limited to: hiking, backpacking, camping, rock climbing, canyoneering, mountaineering, wilderness skills instruction, might provide transportation related to these activities, and whose business may involve parties traveling to and from activity sites (collectively, the "Activities").
I further understand and acknowledge that the Activities have inherent risks. Inherent risks are those which cannot be eliminated without destroying the unique character of the Activities. The same elements that contribute to the unique character of these Activities can cause loss or damage to equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death.
The following describes some, but not all, of the inherent risks of Five Miles Further Activities:
- General Outdoor Risks: Environmental hazards including, but not limited to, cold or freezing weather (hypothermia, frostnip, frostbite), heat (heat exhaustion, heat stroke, sunburn), high winds, rain, snow, sleet, hail, lightning, wildfire, flooding, falling trees or branches, dangerous plants, insects, reptiles, and other wildlife encounters or attacks. Tripping, slipping, and falling on uneven or slippery terrain.
- Mountain and Climbing Terrain Risks: Hazards specific to mountainous or technical terrain including, but not limited to, avalanches, rockfall (natural or caused by others), icefall, falling or slipping on rock, snow, or ice; failure of ropes, harnesses, anchors, belay systems, or other climbing equipment; risks associated with lead climbing, rappelling, or down-climbing; injuries induced by crampons or ice axes (if applicable); crevasse falls (if applicable); altitude illness (Acute Mountain Sickness, HAPE, HACE); snow blindness.
- Water Hazards: Risks associated with crossing moving water (rivers, streams), wading, swimming, or accidental immersion, including drowning and hypothermia. Canyoneering activities may amplify these risks with rappelling near water, swimming in confined spaces, and travel on slick terrain.
- Travel Risks: Accidents during travel to, from, or within the program area via vehicle or other means.
- Equipment Risks: Failure, malfunction, or misuse of personal, rented, borrowed, or Five Miles Further equipment, even when used properly.
- Physical and Psychological Risks: The Activities can be physically strenuous and may induce injuries such as fractures, sprains, strains, or dislocations. Psychological stress associated with heights, exposure, challenging environments, or witnessing accidents. Conditions which may diminish reaction time, balance, or coordination.
- Medical and Health Risks: Pre-existing medical conditions (disclosed or undisclosed) being aggravated by the Activities. Accidents or illnesses occurring in remote locations where medical facilities, prompt evacuation, or advanced medical care may not be available. Risk of contracting infectious diseases, including but not limited to COVID-19, particularly in group settings where preventative measures may be challenging to maintain consistently.
- Food Consumption Risks: Allergic reactions or other adverse health consequences from consuming food or beverages provided, whether allergies/restrictions were disclosed or not.
- Negligence: Potential for my own negligence and/or the negligence of others, including other participants or Released Parties (subject to the limitations in Section 3 below).
- Guiding/Instruction Risks: Misinterpretation of instructions, communication difficulties, risks inherent in learning and practicing new skills in an outdoor environment.
I understand that the description of risks above is not complete and that other unknown or unanticipated risks, inherent and otherwise, may result in property loss, injury, illness, or death.
2. Acknowledgement and Assumption of Inherent and Other Risks
I acknowledge that my (or the minor participant's) participation in the Activities is purely voluntary. I wish to (or have the minor participant) participate despite the risks. I acknowledge that I have been informed of the nature of the Activities and their risks.
I acknowledge and assume the inherent risks described above and all other inherent risks associated with the Activities. I also expressly assume ALL other risks associated with my (or the minor participant's) participation in the Activities, whether inherent or not, and whether described above or not, including risks arising from the negligence of the Released Parties (subject to the limitations in Section 3 below).
3. Agreements of Release and Indemnity
In consideration for being permitted to participate in the Activities, I, for myself, and on behalf of my spouse, heirs, assigns, personal representatives, and next of kin, hereby agree as follows:
- Release and Waiver: I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all liability, claims, demands, losses, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or the minor participant), or to any property belonging to me (or the minor participant), ARISING OUT OF OR RELATED TO MY (OR THE MINOR PARTICIPANT'S) PARTICIPATION IN THE ACTIVITIES.
- Scope of Release: This release includes claims based on the NEGLIGENCE of any Released Party, but does not extend to claims for gross negligence, willful or wanton misconduct, or intentionally tortious conduct by a Released Party.
- Indemnification: I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, suits, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) brought by or on behalf of myself, the minor participant (if applicable), my spouse, heirs, assigns, personal representatives, next of kin, rescuers, other participants, or any other person, arising out of, related to, or in any way connected with my (or the minor participant's) injury, death, property damage, or any other loss resulting from my (or the minor participant's) participation in the Activities, or caused by me (or the minor participant This indemnity obligation includes claims based on the negligence of a Released Party (subject to the same limitations as the Release above).
4. Other Provisions
- Health and Fitness: I certify that I (or the minor participant) have no past or current physical or psychological condition that might affect my (or the minor's) safe participation in the Activities, other than as described on the medical form submitted to Five Miles Further. I certify that I am (or the minor is) physically and mentally capable of participating in the chosen Activities. I acknowledge that the responsibility for determining the suitability of the Activities rests with the participant, guided by their physician. | agree to inform Five Miles Further staff immediately if conditions change or if I feel unable to safely continue.
- Medical Authorization: I authorize Five Miles Further personnel (who may or may not be medically trained) to administer first aid they deem necessary for me (or the minor participant I understand that Five Miles Further staff may possess training such as Wilderness First Responder, but are not physicians. I authorize Five Miles Further to obtain or provide emergency hospitalization, surgical, or other medical care for me (or the minor participant) as deemed necessary. I understand that situations may arise where third-party medical care is unavailable and staff must provide care based on their training. I agree to be solely responsible for any and all medical costs incurred on my (or the minor participant's) behalf, including costs of first aid, medical treatment, evacuation (e.g., ambulance, helicopter), hospitalization, and any related expenses. I authorize any third-party medical provider to exchange pertinent medical information with Five Miles Further.
- Participant Conduct & Removal: I agree to follow all instructions given by Five Miles Further staff and to act in a manner that promotes the safety and well-being of the group. Five Miles Further reserves the right to remove any participant from the Activities if their conduct, health, fitness, or actions are deemed by Five Miles Further, in its sole discretion, to endanger themselves, the group, or the successful completion of the Activity. No refund will be provided in such circumstances.
- Responsibility for Gear: I agree to be responsible for the proper use and care of any equipment provided or rented by Five Miles Further. I agree to be responsible for any damage (beyond normal wear and tear) or loss I (or the minor participant) may cause to Five Miles Further facilities or equipment, or to the personal gear of staff or other participants. Five Miles Further is not responsible for loss, theft, or damage to a participant's personal belongings.
- Travel Insurance: Five Miles Further strongly recommends that all participants purchase comprehensive travel insurance covering trip cancellation/interruption, medical expenses, evacuation, and baggage loss/damage. I agree to self-insure for any losses not covered by my insurance policy or if I choose not to purchase insurance.
- Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. I agree that any legal action or proceeding arising out of or relating to this Agreement or my participation in the Activities shall be brought exclusively in the state or federal courts located within Ventura County, California, and I irrevocably consent to the jurisdiction of such courts.
- Severability: If any part or portion of this Agreement is found to be void, invalid, or unenforceable, the remaining portions shall continue in full legal force and effect. The intent is to uphold this Agreement to the maximum extent permitted by law.
- Attorney's Fees: If Five Miles Further incurs attorney's fees or costs to enforce this Agreement (whether or not a lawsuit is filed), I agree to indemnify Five Miles Further for all such reasonable fees and costs.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes any prior discussions, representations, or agreements. This Agreement may only be modified in writing and signed by both the participant (and parent/guardian if applicable) and an authorized representative of Five Miles Further.
Media and Promotional Release: I hereby grant Five Miles Further permission to use, without limitation or compensation, any photographs, video recordings, or other media record of my (or the minor participant's) participation in the Activities for any legitimate purpose, including promotional materials, advertising, websites, social media, publications, or other marketing purposes. I waive any right to inspect or approve the finished product wherein my (or the minor participant's) likeness appears. I agree that all such media are the property of Five Miles Further and waive any rights of privacy or compensation associated with their use.