WAIVER, ASSUMPTION & ACKNOWLEDGEMENT OF RISKS AND INDEMNITY AND RELEASE OF LIABILITY AGREEMENT
Distributed to all participants of LOCAL-EXPEDITIONS
THIS DOCUMENT WAIVES IMPORTANT LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING.
In consideration of being permitted to participate in Local-Expeditions (referred to herein as “L-E”), its related events and/or activities, including but not limited to tours, I hereby agree and certify as follows:
1. I acknowledge and fully understand that I will be engaging in a tour that might result in serious injury, including permanent disability, paralysis and death, severe social and economic losses due to not only my own actions, inactions, or negligence, but also due to the actions, inactions, or negligence of others or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. These risks may include, but are not limited to the nature of the activity; latent or apparent defects or conditions in the equipment used; acts of other L-E participants, Guides; my own physical condition, acts or omissions; and first aid emergency treatment or other services.
2. I agree that prior to participating, I will inspect the tour, locations and equipment to be used, and if I believe anything is unsafe, I will immediately advise the Guide, if applicable, and refuse to participate. Further, if I observe any unusual significant hazard during my presence or participation, I will bring such to the attention of the nearest official immediately.
3. I expressly agree and freely promise to accept and assume all the risks, both known and unknown, existing in participating in L-E. My participating in L-E is purely voluntary and I elect, in spite of the risks, to participate. I assume all the forgoing risks, even if arising from the negligence of the Releasees or others, and accept personal responsibility for the damages following any injury.
4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in L-E or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in participating in L-E, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. On behalf of myself, my heirs, assigns, next of kin, and/or personal representatives, I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless L-E and its directors, officers, officials, employees, volunteers, agents, sponsors, former, present and future Guides, other L-E participants, and owners, operators and/or lessors of premises used by LE (together “LE Releasees”), from any and all liability for any and all claims, demands or causes of action for any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of L-E Releasees or otherwise, which are in any way connected with my participation in L-E or my use of facilities and/or equipment for participation in L-E, to the fullest extent permitted by law.
6. I agree to pay all costs and attorney’s fees from any legal proceedings that I bring in connection with my participation in L-E, as contrary to this Agreement, which are resolved in favor of LE Releasees.
7. I willingly agree to comply with the stated and customary terms and conditions for participation and abide by the rules of LE. Further, I agree to conduct myself courteously throughout all aspects of participation in LE. I understand that if I engage in discourteous conduct or improper or dangerous behavior, the LE Guide has the authority to permanently or temporarily restrict my participation in LE. I understand and agree that the LE Guides have the sole discretion to determine what constitutes discourteous conduct or improper or dangerous behavior.
8. I agree that New York state law governs this Agreement and that any action under this Agreement shall be brought only in the courts of New York.
9. I agree that if any part of this Agreement shall be found invalid that the remaining parts of this Agreement shall continue in full force and effect.
10. I agree that this waiver shall remain in effect until I provide a written revocation notice to L-E. Such written revocation notice must be e-mailed to firstname.lastname@example.org and will be effective on the date received by L-E. I understand that if I revoke this waiver, I will not be permitted to participate in L-E.