| Participant Agreement, Release and Assumption of Risk
Animas Valley Institute, PO Box 1020, Durango, CO, 81302 ~ 970-259-0585 In consideration of the services of Animas Valley Institute, their agents, owners, officers, volunteers, participants, employees, independent contractors (including, but not limited to: Bill Plotkin, Sabina Wyss, Jeffrey Allen, Geneen Marie Haugen, Rebecca Wildbear, Gene Dilworth, Mary Marsden, Nate Bacon, Doug Van Houten, Sage Magdalene, Peter Fonken, Brian Stafford, Laura Gunion, John Lynch, Jules Howatt, Erica Rhinehart, Kate Joyner, Palika Benton 'Rewilding', Laura Blakeman, Sara McFarland, Julian Norris, Kent Dobson, Dan Dolquist, Bell Selkie Lovelock, Wendy Robertson Fyfe) and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AVI"), I hereby agree to release, indemnify, and discharge AVI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
a) I acknowledge that hiking, 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, but are not limited to, slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.Furthermore, AVI 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.
b) 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.
c) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AVI 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 AVI's equipment or facilities, including any such claims which allege negligent acts or omissions of AVI.
d) Should AVI 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.
e) 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.
f) In the event that I file a lawsuit against AVI, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
COVID-19 ASSUMPTION OF RISK AND LIABILITY WAIVER
In consideration of the services of Animas Valley Institute, their agents, owners, officers, participants, guides, employees, apprentices, volunteers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “AVI”), I, the undersigned, hereby agree to release, waive, indemnify, discharge, and covenant not to sue AVI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
I acknowledge that I have voluntarily elected to attend an in-person Animas Valley Institute (“AVI”) program during the novel coronavirus COVID-19 pandemic and understand gathering in groups poses risk of transmission of COVID-19. I acknowledge I have been following the recommended protocols to limit exposure to COVID-19 in the two weeks leading up to the program, in order to protect everyone involved with this program. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the program and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 during the program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, AVI guides (including AVI assistants, apprentices, clan leaders, staff or other AVI agents), program participants, and passerbys. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the program ("Claims"). I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of AVI, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any AVI program. |
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