Parties and Definitions
This Participant Agreement is between the undersigned Participant and North Country Land Stewards LLC, doing business as The Bower (hereinafter "Host"), in connection with The Life Forest Midnight Market at The Bower (hereinafter "Event"). "Host Parties" refers collectively to the Host; Bethlehem Woods LLC (hereinafter "Landowner"); BirchWalking (hereinafter "Guide"); and each of their owners, members, officers, employees, agents, contractors, guides, volunteers, and the event co-host(s), and all persons or entities acting on their behalf. "Premises" means the conservation forest land, access lane, parking, meadow, campsites, and structures at and around the Event location.
1. Participant Release and Assumption of Risk
In consideration of the services of the Host Parties, I hereby agree to release, indemnify, and discharge Host Parties on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that activities in natural and outdoor areas entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activities.
The risks include, among other things: slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect and tick bites, and hazardous plant life; accidents or illness that can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink causing illness or allergic reactions; equipment failure; improper lifting or carrying; my own physical condition; the physical exertion associated with this activity; burns or smoke inhalation associated with campfires; camping in primitive outdoor conditions; and walking in outdoor natural environments after sunset and in low light conditions.
Furthermore, Host Parties 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 or other environmental conditions. They may give incomplete warnings or instructions, incorrect information, and the equipment being used might malfunction.
Knowing and understanding these risks,
- 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 Host Parties 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 Host Parties’ equipment, facilities, or services, including any such claims which allege negligent acts or omissions of Host Parties.
- Should Host Parties 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 Host Parties, I agree to do so solely in the jurisdiction of the State of New Hampshire, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of 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.
2. Participant Health Screening & Emergency Medical Consent
I confirm that all health information I provide to Host Parties is accurate and complete, and I agree to communicate fully with Host Parties about any health concern that arises during events and activities facilitated by Host Parties. I give my permission for Host Parties staff to seek emergency medical diagnosis or treatment for me and other members of my party in the event that I or they are unconscious or unable to make decisions. I understand that should anyone in my party need medical care for any reason while participating, the role of the Host Parties is limited to emergency first aid and either transporting the affected person to the nearest medical facility or arranging for emergency transport.
3. Participant Photo & Media Consent and Release
The Event Premises is a photographed and recorded event venue. By registering for and attending public events and activities hosted at the Premises, I acknowledge and agree to the following, on behalf of myself and any minors or guests in my party for whom I am registering:
- Consent to be recorded. I understand that Host Parties may photograph, film, video- and audio-record, and otherwise capture my image, likeness, voice, and statements at the Event.
- Grant of rights. I grant Host Parties a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, edit, adapt, publish, display, distribute, and create derivative works from those photographs, recordings, and any reproductions of them (the "Images"), in whole or in part, in any medium now known or later developed — including Host Parties’ websites, social media accounts, newsletters, and printed and digital marketing, promotional, and educational materials.
- No compensation. I understand that I will receive no payment or other compensation for the Images or their use, now or in the future.
- No approval right. I waive any right to inspect or approve the Images, the finished materials, or the written copy that may accompany them, and I understand Host Parties have no obligation to use any Image.
- Release of claims. To the fullest extent permitted by New Hampshire law, I release and hold harmless Host Parties from any and all claims arising out of the capture or use of the Images, including claims based on rights of privacy or publicity, defamation, or the use of my name, likeness, or voice.
- Minors. If I am registering anyone under age 18, I attest that I am their parent or legal guardian, and I grant this consent and release on their behalf.
I confirm I am at least 18 years old and have the right to agree to this Participant Photo & Media Consent and Release, and that if any part of it is found unenforceable the rest remains in effect.
4. Signature
By signing this agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in activities or programs facilitated by Host Parties, I may be found by a court of law to have waived my right to maintain a lawsuit against Host Parties on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
If I am registering anyone under age 18, I attest that I am their parent or legal guardian, and I agree to release, indemnify, and discharge Host Parties on their behalf according to the terms of this entire Agreement.