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TRAIL Otter LLC
Assumption of Risk Agreement & Participant Release of Liability, Waiver of Claims and Indemnity Agreement

EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH HIKING, BACKPACKING, SKILL BUILDING AND RELATED ACTIVITIES

By participating in any Trail Otter LLC activity, including challenges, you do hereby affirm and acknowledge that you have been fully informed of the inherent hazards and risks associated with hiking, backpacking, skill building, transportation of equipment related to activities, and traveling to and from activity sites, in which you are about to engage with Trail Otter LLC.

You understand hiking and/or backpacking requires physical conditioning, and you warrant that you are in sound medical condition.  You have no physical or medical conditions that would endanger yourself or others.  You understand hiking, backpacking and skill building involves a risk of injury, and that injuries are a common and ordinary occurrence of hiking, backpacking and skill building activities.

Inherent hazards and risk include but are not limited to:

  1. Risk of injury from the activity and equipment utilized is significant including potential for permanent disability and death.

  2. Accidents or illness occurring in remote places where there are no available medical facilities, meaning emergency response and hospital care may be delayed or unavailable during activities.  Trail Otter LLC assumes no responsibility for providing medical care, and you are responsible for all fees and charges for rescue, extraction, transport and medical care.

  3. All “acts of nature,” including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and/or varied wind, falling limbs, temperature and other weather conditions.

  4. Possible equipment failure and/or malfunction of my own or other’s equipment, which may have been rented, borrowed, or personally owned.  You agree to use these items at your own risk, regardless of condition or suitability.

  5. My own negligence and/or the negligence of others, including employees, volunteers, agents, independent contractors or representatives of Trail Otter LLC including but not limited to operator failure.

  6. Attack by or encounter with aggressive or infectious insects, reptiles, and/or animals.

  7. Falling or falling debris, causing broken bones, severe injuries to the head, neck and/or back which may result in severe impairment or even death.

  8. Risks associated with crossing, climbing or down-climbing of soil, rock, snow or ice.

  9. Risks associated with river or stream crossings, fordings or portaging.

  10. Cold weather and heat-related injuries and illnesses including but not limited to frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.

  11. Fatigue, chill and/or dizziness, which may diminish your or others reaction time and increase the risk of accident.

  12. Your sense of balance, physical coordination, and ability to follow directions.

You understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration for being permitted to participate in any way in hiking, backpacking, skill building and related activities, you hereby agree, acknowledge and appreciate that:

  1. You promise to INDEMNIFY, RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OF PERSONAL PROPERTY, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees.

    1. Trail Otter LLC

  2. To release the releasees, their members, employees, representatives, agents, contractors and volunteers, rental equipment providers, land owners, municipal or governmental providers of use permits, including the State of New York and the New York State Office of Parks, Recreation, and Historic Preservation, and their respective employees, officers, and directors from liability and responsibility whatsoever and for any claims or causes of action that you, your estate, heirs, survivors, executors, guardians, or personal representatives may have for personal injury, illness, property damage or wrongful death arising from the above activities, including transportation to and from any activities,  whether caused by active or passive negligence of the releasees or otherwise.  By executing this document, you agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.  

  3. By entering into this Agreement, you are not relying on any oral or written representations or statements made by the releasees, other than what is set forth in this agreement.

  4. If you are photographed or videotaped during any activities or provide either, you hereby waive any right to copyright, use or publication.  Use of your likeness can be used either in part or full without restriction for any legal purpose.

  5. This agreement is in accordance with the laws of New York State.  You agree any action, claim or dispute arising from or in connection with this agreement or associated activities shall only be brought in the courts of Livingston County, located in New York State, and freely agree to their jurisdiction and venue should any dispute arise..

This release shall be binding to the fullest extent permitted by law.  If any provision of this release is found to be unenforceable, the remaining terms shall remain fully enforceable and the unenforceable provision will be changed to the extent allowed by law to carry out the purpose of this agreement..

YOU ARE STATING YOU HAVE READ THE ABOVE RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY AGREEMENT AND ASSUMPTION OF RISK AGREEMENT.

YOU FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP LEGAL RIGHTS BY AGREEING TO IT, AND YOU FREELY AND VOLUNTARILY AGREE WITHOUT ANY INDUCEMENT.

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