Although the Jack Creek Preserve Foundation (Preserve) strives to provide participants with appropriate equipment and guidance so that they may safely enjoy activities for which they may or may not be skilled, these activities are not without risk. These inherent risks and the same elements that contribute to the unique character of the Preserve can be the cause of loss or damage to your equipment, bodily injury, illness (including COVID-19) or, in extreme cases, permanent disability or death. We do not want to frighten you or reduce your enthusiasm for activities on the Preserve, but we do think it is important for you to know in advance that there are risks inherent. The following are some, but not all, of the potential hazards: (a) trail and road conditions, and traversing uneven ground; (b) natural hazards, such as, but not limited to, steep cliffs, hazardous footing, rocks, avalanche, streams and other waterways; (c) rustic accommodations with dimly lit building interiors and exteriors; (d) interactions with wild animals and insects on the property; (e) dense or hazardous vegetation; (f) any person or persons, including but not limited to hunters, traversing the property, with or without the permission of the owner; (g) transportation to and from locations; (h) exposure to water, and changing and adverse weather conditions; (i) unsafe acts by other participants; (j) transmission of disease including, but not limited to, COVID-19; and (k) other known or unknown risks inherent to outdoor settings and recreational activities.

This waiver applies to all education, recreation, and conservation activities on the Jack Creek Preserve including the use of the Outdoor Education Facility, Elk Camp Cabin, Bear Camp Cabin, archery range, and campground, and hiking or camping on our 4,500 acre property.

In consideration of my minor child and/or me being allowed to participate in activities at the Preserve, of which I voluntarily request the right of participation, I hereby state and acknowledge the following:

1. I understand and accept that outdoor recreation exposes me to potential hazards and that participating in activities on the Preserve may entail unavoidable risks of death, personal injury, illness, and loss of or damage to property. I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur.

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2. I understand that COVID 19 issues are only one of many circumstances outside the control of JCPF. I understand that JCPF is concerned about my/or my minor’s health but bears no responsibility or liability for it. I acknowledge that persons on JCPF premises or involved in JCPF activities are present and act upon their own judgment and at their own risk.

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3. Even with such understanding and appreciation of the risk, I still voluntarily desire for my minor child and/or me to participate, and I do hereby fully and irrevocably release and waive and forever discharge Jack Creek Preserve Foundation and their officers, employees, agents, volunteers, and direct and indirect owners and affiliated entities (the “Released Parties”) from any and all claims, actions, losses and/or legal liability of any kind or nature or description resulting from damages, illness, or injuries sustained by me and/or my minor children in participating in such Activities.

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4. I do hereby personally assume all risks which may be associated with such Activities. I understand and acknowledge that (a) this is a legal and binding instrument and by signing it do acknowledge that I have read and fully understand the waivers and releases contained herein and (b) my minor children and I are being allowed to participate in the activities only as a result of agreeing to the terms of this document.

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5. I fully understand that I will be traveling and recreating at my own risk. I agree to abide by the rules, regulations, and safety warnings of the Jack Creek Preserve Foundation.

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6. My assumption of risk, waiver and release of liability, including negligence, encompasses, but is not limited to: death, bodily injury, illness, damage, theft and/or loss of personal property during said recreation which occurs as a result of anything during the time on the Preserve.

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7. I do hereby waive any claims now or in the future against the Jack Creek Preserve Foundation and agree to indemnify it against any and all claims I, my child, or assigns may have against the Jack Creek Preserve Foundation resulting from my child's activities on the Jack Creek Preserve Foundation property.

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I acknowledge that I have read this waiver and release of liability carefully

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I acknowledge the following in accordance with §27-1-753 of the Montana code: “By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.”

Please initial in acceptance of this waiver and release of liability. Parents/Guardians need to complete for any participants under the age of 18.

8. Photo Release: I hereby grant permission to the Released Parties the right to use my or my child’s photograph(s) taken during Jack Creek Preserve Foundation activities in all forms and media and in all manners, including composite or other representations, for brochures, advertising and any other lawful purposes, and I waive any right to inspect or approve the finished product.

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Full Name

Please write your FULL NAME:

Signature (Participant or Parent/Guardian)

Please provide your initials in acceptance of this waiver and release of liability.

Minor Children Names and Ages

Organization associated with/Name of your group:

Email address for Participant or Parent/Guardian

Start date of visit:

YYYY

End date of visit:

YYYY

JCPF ACTIVITIES WAIVER