RELEASE AND WAIVER OF GENERAL LIABILITY
I understand that I will be participating in activities provided by the Vamonos Outside, an Oregon nonprofit corporation under NatureConnect Central Oregon, and its programs, partners, associates, and independent contractors (“Vamonos Outside”).
I acknowledge Vamonos Outside’s activities involve known and inherent risks, as well as unknown/unanticipated risks. Inherent risks may include those ordinarily associated with moderate to vigorous physical activity in outdoor terrain. Activities can occur in remote places where communication may be difficult and medical care significantly delayed. Activities may include, but are not limited to: skiing, snowboarding, hiking, camping, rafting, biking, kayaking, canoeing, swimming, working with sharp tools, or traveling in rugged and unpredictable off-trail or the borrowing of equipment. I understand that activities have unpredictable environmental hazards including, but not limited to: extreme weather, falling rocks or trees, reaction to plants or insects, harm resulting from contact with animals, etc. Equipment may fail or malfunction despite reasonable maintenance and use and errors of judgment or negligence may occur by instructors, co-participants, or myself. The preceding risks, hazards and dangers may result in property damage, injury, illness, or death.
I expressly agree and promise to accept and assume all of the risks associated with the Vamonos Outside activity for which I am participating, including, but not limited to those listed above. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I also hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Vamonos Outside, its directors, trustees, staff, agents, partners, associates, volunteers, and independent contractors (“released parties”) from any and all claims, demands or causes of action that are in any way connected with my participation in this activity or the use of Vamonos Outside’s equipment, including all such claims that allege negligent acts or omissions of Vamonos Outside. I hereby agree to indemnify Vamonos Outside and all released parties from any claim made by me or my heirs or survivors on account of injury or loss that I may suffer arising in any way out of the activity. I hereby indemnify Vamonos Outside and all released parties from a claim that might be brought by a co-participant arising in any way from my conduct. I release Vamonos Outside from any and all claims resulting from any first aid, treatment, or services rendered.
The following provisions apply to all Vamonos Outside activities, wherever they occur:
● I am in general good health and have no medical or physical condition that could interfere with my participation in the Vamonos Outside activity or interfere with my health or safety or the safety of another participant. I certify that I have insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage, including the cost of any evacuation and medical care.
● I authorize and consent to Vamonos Outside taking photographs and video film of my participation in its activities, and to the unrestricted use and publication of my name and such photos or videos to promote the activities of Vamonos Outside without notifying me.
● I understand this Release and Waiver of Liability (“Waiver”) is governed by Oregon law and I agree the exclusive jurisdiction over claims will be in the Oregon State Courts, with venue in Deschutes County, Oregon.
● I agree that in the event any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS WAIVER, I AM WAIVING LEGAL RIGHTS WHICH I AND/OR MY CHILD MAY HAVE AGAINST Vamonos Outside, INCLUDING ANY CLAIMS FOR NEGLIGENCE OF Vamonos Outside. BY SIGNING BELOW, I CERTIFY THAT I AM AT LEAST 18 YEARS OLD. IF I AM SIGNING AS A PARENT OR GUARDIAN I ACKNOWLEDGE THAT I MAKE THIS AGREEMENT ON BEHALF OF MY MINOR.