I have voluntarily applied to participate on the trip designated on this application (or a trip to which I may subsequently transfer) and I have read the forms: "Terms and Conditions"; especially regarding the Cancellation and Refund Policies and the said "Trip Description" and "Trip Itinerary".
In consideration of the services of Crossing Latitudes, Inc., 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 "CL"), I hereby agree to release, indemnify, and discharge CL, on behalf of myself, my children, may parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that sea kayaking, hiking, reindeer packing, biking, camping and backpacking entails 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 simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: boat capsize and entrapment; tidal conditions, surf and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold storms, large waves, eddies and whirlpools, and lightening; aggressive and/or poisonous marine life; wrist arm, shoulder, and/or back injuries; slips and falls while hiking; and rapidly changing adverse weather and water conditions.
Furthermore, CL employees 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, and the equipment being used might malfunction.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CL 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 CL’s equipment or facilities, including any such claims which allege negligent acts or omissions of CL.
4. Should CL 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.
5. 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.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against CL 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.
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Signature of Participant, Print Name Date
Parent or Guardian’s Additional Indemnification (Must be completed for participants under 18 years old).
In consideration of ___________________________________________(print minor’s name) ("Minor") being permitted by CL to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless CL from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
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Parent or Guardian Signature Print Name Date