In consideration of the services of Aspendale Baptist Encampment, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ABE), I hereby agree to release, indemnify and discharge ABE on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in "High Risk Recreation Activities'' including ropes course, paintball, go-karts, and the archery/pellet, climbing towers, zip lines, snow tubing, entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
ABE programs are based on the “challenge by choice” principle. At any time you and/or your group are free to withdraw from participation in the high risk activities. The risks include, among other things, the potential for: slips, falls and falling; rope burns; inches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards. During an activity there may be contact with plants, animals or insects that could create hazards such as stings, allergies, and associated diseases.
Furthermore, ABE instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities, they might misjudge the weather.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless ABE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ABE equipment or facilities, including any such claims which allege negligent acts of omissions or ABE.
Should ABE or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate 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 myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against ABE, I agree to do so solely in the state of New Mexico, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.