OREGON
PEAK ADVENTURES LIABILITY RELEASE FORM
Please review the following liability Release
form prior to signing -up for a trip.
Acknowledgement & Assumption of Risks
Oregon Peak Adventures LLC (OPA) maintains high levels of training and employs
experienced guides and activity leaders whose primary focus is client safety.
However, outdoor activities may involve risks, hazards, and dangers. Some risks
are inherent in the activities and can not be eliminated or reduced. These
inherent and other risks, hazards, and dangers can cause injury, property
damage, illness, mental or emotional trauma, disability or death. I
understand that OPA does not want to frighten me or reduce my enthusiasm for
these activities, but believes that it is important for me (and my parents, if I
am a minor) to know in advance what to expect and to be informed of the risks.
Some, but not all of these risks, hazards, and danger includes:
·
Travel in high altitude mountainous or wilderness terrain where
trails or routes may not be groomed, maintained, or controlled. While traveling
in these areas, hazards may not be marked or visible; weather is changeable,
unpredictable and dangerous year round; and lighting, rivers, creeks, falling
rocks, snow and ice, avalanche danger, fallen timber, bee hives, wild animals
and other natural hazards exist.
·
Equipment used in an activity may break fail or malfunction,
despite reasonable maintenance and use.
·
OPA staff must make various judgments and decisions as they
conduct adventure activities in changing outdoor environments. These judgments
are, by their nature, imprecise and subject to error. Consequently, there are
risks involved in guide decision making and conduct, including, without
limitation, the risk that a OPA representative may misjudge a client’s
capabilities, or misjudge weather, terrain, water level, river and/or terrain
route location, or misjudge medical treatment.
·
The potential exists that the client, other participants, or third
parties (e.g. rescue squad, hospital) may act carelessly, recklessly or
generally fail to exercise care.
·
OPA activities may take place in remote places, several hours or
days from any medical facilities, where communication and transportation are
difficult and where evacuation and medical care may be delayed.
·
Such other risks, hazards, and dangers that are generally
associated with adventure activities.
These and other risks, hazards and dangers may result in clients (for example):
1) falling, 2) being struck, 3) colliding with objects or people, 4)
experiencing vehicle collision, 5) reacting to high altitudes and weather
conditions. These and other circumstances may cause hypothermia, dehydration,
frostbite, drowning, high altitude sickness, heart or lung complications, broken
bones, concussions, wounds, or other injury or illness, mental trauma,
disability or death.
I understand that the above description of risks is not complete and that other
unknown or unanticipated risks, hazards, and dangers may result in injury,
damage or other loss. I acknowledge that participating in these activities may
require a degree of skill and knowledge different from other activities and that
I have responsibilities as a participant. I have no mental or physical problems
or limitations that might compromise or affect my ability to participate in OPA
activities that have not been disclosed to OPA. I represent that I am fully
capable of participating in these activities without causing harm to myself or
others. I acknowledge that OPA staff is, and have been available, should I have
further questions about the nature and physical demands of these activities and
the risks, hazards, and dangers associated with these activities. I understand
the presence of OPA personnel is no assurance of my safety or the lessening of
these risks.
My participation in these activities is purely voluntary and I choose to
participate in spite of and with knowledge of the risks. Therefore, I, and my
parents(s), if I am a minor, assume and accept full responsibility for myself,
for those risks identified here and for those risks not identified, and for
injury, death, property loss or expenses suffered by myself and them, resulting
from those risks, and resulting from my own negligence.
Release & Indemnity Agreement
I, and if I am a minor, my parent(s), for and on behalf of myself and my
children, heirs, executors, administrators and representatives, agree to
release, indemnify and defend OPA with respect to all claims, liabilities,
losses, suits or expenses (including costs and reasonable attorneys fees) made
or brought by anyone, including a co-participant, third party, my child, or any
members of my or my child’s family arising out of any injury, damage, death, of
other loss in any way connected with my or my child’s participation in OPA
activities or use of OPA equipment or facilities. This agreement includes
any losses claimed to be caused, in whole or in part, by the negligence of OPA.
I understand I agree here to waive all claims against OPA, and agree that
neither I, nor anyone acting on my behalf, will make a claim of file a lawsuit
of any kind against OPA, as a result of any injury, damage, death or other loss
suffered by me or my child.
I agree that this and all other aspects of my relationship with OPA are governed
by Oregon State law. Further, any mediation, suit, or other proceeding arising
out of or relating to my participation in OPA activities, must be filed
exclusively in the State of Oregon, and Oregon State law shall apply. I agree
to settle any dispute (that cannot be settled by discussion) through mediation
before a mutually acceptable Oregon mediator. I also agree that if I, my
child, or someone on the child’s behalf, asserts(s) a claim or file(s) a suit
against OPA, I will pay all costs and attorney’s fees incurred by OPA in
defending that claim or suit, if the claim or suit is withdrawn or dismissed, or
to the extent a court determines that OPA is not responsible for the injury or
loss.
I authorize OPA personnel to obtain or provide medical care for me/my child, or
to transport me/my child to a medical facility. I further authorize OPA staff
or other medical personnel to render such treatment they deem necessary for
my/my child’s health. I agree that OPA has no responsibility for medical care
provided to me/my child, and I agree to pay all costs associated with such care
or evacuation whether or not authorized by me.
Photo Release: I authorize OPA, and /or parties designated by OPA, to use
my or my child’s photo for sale or reproduction in any manner OPA desires, for
advertising, display, audiovisual, exhibition or editorial use.
Any portion of this Document deemed unlawful or unenforceable shall not affect
the remaining provisions of the Document, and those remaining provisions shall
continue in full force and effect.
I have carefully read, understand, and voluntarily sign this Document and
acknowledge that it shall be effective and binding upon myself, my family,
heirs, executors, representatives and estate.
|
|
Parent(s) or Guardian(s) must sign below for any participating minor (those
under 18 years of age) and agree that they are subject to all the terms of this
Document, as set forth above. If I have a participating minor, I understand
that my signature here includes my agreement per the terms of this Document to
release any claims I may have against OPA, as a result of any injury, damage,
death, or other loss suffered by my child, and to defend and indemnify OPA
should my child, someone on the child’s behalf, or a co-participant or third
party, bring a claim against OPA, in any way connected with my child’s
participation in OPA activities or use of OPA equipment or facilities.
|
|
|
|
