I, the undersigned, hereby agree to release, indemnify, discharge and hold harmless from any and all liability, actions, causes of action, debts, claims and demands of every kind and nature whatsoever which I now have or which may arise from, or in connection with my participation in Recreation and/or Participation in all activities, which may include but is not limited to archery, wilderness survival, hiking, group challenges, team sports and games, and other outdoor experiences related thereto conducted by Camp Zorah, its directors, agents, employees, and associates whether paid or volunteer staff . I am doing so on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, and acknowledge that I am assuming the risks associated with Recreation and/or Participation in any other activities as follows:
I acknowledge that during the Recreation and/or Participation in all activities described in this form and in which I am participating, under the arrangements of Camp Zorah, there are certain risks and dangers present which are inherent in the activity. I also agree that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I am aware that during the Recreation and/or Participation in all activities in which I am participating under the arrangements of Camp Zorah, that the inherent risks and dangers include but are not limited to: hazards of falling debris, burns, falls or slips while walking, hiking, or climbing on terrain that is not improved, and equipment failure. I also agree that there are unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I also acknowledge that some risks are increased as a result of my own physical condition and that these risks may not be known to Camp Zorah. By its very nature camp is situated on terrain that may include undulations, tree roots, rocks and other characteristics that make mobility more difficult. Camp Zorah therefore strongly suggests that guests take extra care when walking across our campus. Camp Zorah also suggests that sturdy walking shoes be worn. Failure to follow these instructions will increase your risk of injury. Camp Zorah also asks that you share this information with any guests who may be at camp with you.
My participation in this Recreation and/or Participation in all activities is purely voluntary, and I elect to participate in spite of the risks. In consideration of and as part payment for the right to participate in such Recreation and/or Participation in all activities arranged for me by Camp Zorah, I have and do hereby assume all of the above hazards and other related risks which may be encountered on said Recreation and/or Participation in all activities including activities preliminary and subsequent thereto.
I hereby irrevocably consent to and authorize the use and reproduction by Camp Zorah, of any and all photographs which may be taken by Camp Zorah during the Recreation and/or Participation in all activities in which I am participating related thereto, for advertisement or promotional purposes, without further compensation to me. All negatives and positives, together with the prints shall constitute property of Camp Zorah, solely and completely. I further agree to obey and follow all rules, regulations, and instructions of Camp Zorah. This is a legally binding document, which I have read and understand.
I agree that any dispute concerning, relating, arising out of or referring to the subject matter of this Recreation and/or Participation in any other activities shall be resolved exclusively by binding arbitration in Maine, Somerset County, according to the then existing commercial rules of the American Arbitration Association and the substantive laws of Maine unless Camp Zorah, in its sole discretion, selects a different forum. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or violable. Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.