Agreement to Assume All Risks;
Release of Liability/ Agreement Not to Sure and to Indemnify
Please read this contract carefully. It releases Tahoe Rim Trail Association from liability and waives certain rights.
In consideration of being permitted to participate in Tahoe Rim Trail Association’s (“TRTA”) outdoor programs I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in outdoor programs with TRTA, including hiking, backpacking, camping, biking, swimming, snowshoeing, rock-scrambling, skiing, and trail building (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF CONTRACTING COVID-19, PHYSICAL INJURY, AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by TRTA, the presence of which are integral to the adventurous nature of the Activity. The following list of dangers and risks that could cause physical or emotional injury or death is not exhaustive – I understand that there are many other dangers and/or risks associated with the Activity not listed below: contracting COVID-19 or any other virus or disease; tripping, slipping, or falling on uneven terrain, objects, slippery or unstable surfaces, or from heights; injury from carrying a backpack or heavy objects; exhaustion; allergen exposure; exposure to dangerous wildlife or insects; contact with man-made objects including tools, mechanical equipment and camping equipment; falling trees, rocks, or other objects; moving objects associated with extreme weather; hail; lightening; flash flood; wildfire or uncontrolled camp or kitchen fire; food-borne or water-borne bacteria or virus; kitchen or cooking related dangers; landslides; rock-fall; mudslides; avalanche; and water crossings; drowning, heat stroke or exhaustion, hypothermia, altitude injury, hyponatremia, frostbite, mentally or physically unstable or criminal co-participants; negligence by trip participants; all manner of outdoor injuries including brain injury, spinal injury, bone breaks, burn, internal injury, sickness or disease; all commonly understood risks of riding in a motor vehicle on highways and backcountry roads including lapse in driver judgment or skill; all commonly understood risks of crossing a heavily traveled highway or public road on foot; and lapse in TRTA staff or volunteer judgment or skill that results in injury or death. I understand that TRTA has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the inherent and non-inherent risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, contracting a virus and/or bacteria, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all guide instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with TRTA the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that I am responsible for truthfully disclosing and notifying TRTA of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by TRTA or any Released Party listed below in paragraph 4, including in any website or written materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for TRTA’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE TRTA, its volunteers, employees, agents, representatives, directors or officers, insurance companies, affiliated companies and subsidiaries, or any of their respective successors in interest (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties including contracting COVID-19 and/or any other virus or bacteria, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorney’s fees and costs.
6. Medical Authorization, Release, and Indemnification: I hereby 1) authorize any Released Party to undertake any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following Participant’s transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for the Participant; and 5) shall indemnify and hold harmless (as set forth in paragraph 5, above) the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.
7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that, but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
8. Representation of Capacity and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
9. Agreement to Application of California Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by California law, and that the exclusive jurisdiction for any claim shall be in the El Dorado County, California Superior Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s choice of laws analysis. I agree that TRTA is not a common carrier, and that the California vehicle code does not apply to any claims brought by Participant against TRTA
10. Miscellaneous Provisions: I agree that TRTA may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of TRTA. If any sentence, clause, paragraph or part of this agreement is declared unenforceable, the remainder shall continue in full force and effect. This agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed agreement may be used as if it is the original. I agree that any entity working with TRTA during or incidental to the Activity is solely responsible for injury or death that occurs to me while I am in their care, and that TRTA is not in a joint venture with any such entity.