In consideration for being granted the opportunity to participate in the Jack Creek Preserve Foundation Winter Outdoor Skills Camp (the “Activity”), I am agreeing to the terms of this waiver and release of liability (“Agreement”), including the general waiver and release of liability described below and agree to be bound by the following:
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Identification of Risks: I fully understand that my child’s participation in or observation of the Activity means that my child will be in an outdoor setting as an integral part of participation in the Activity. My child may be participating in or observing activities including, but not limited to: archery, hiking, biking, climbing, fly-fishing, horseback riding, horse safety and care, wildlife identification and tracking, on‐site water sampling of creeks and lakes, plant identification and natural history, geology education, terrain navigation, wilderness survival skills, art, astronomy, winter outdoor activities (skiing, snowboarding, snowshoeing). Any of these Activities may, by their nature, expose my child to a variety of known inherent risks and dangers, including the inherent risk of serious bodily injuries, death and property damage, which injuries and damage could arise out of his or her own actions or inactions, those others participating in the Activity, the weather or other conditions in which the Activity takes place, his or her health conditions, possibility of transmission of disease including COVID-19, the structure or maintenance of any facilities used in connection with the Activity and equipment used in connection with the Activity. I also fully understand that all risks are not apparent, knowable, or foreseeable. I acknowledge that use of protective equipment such as masks, gloves, sanitizing solutions, helmets and life jackets have benefits that may reduce or mitigate the severity of injuries or illness to my child but use of protective equipment is not a guarantee of safety.
Assumption of Risk: I hereby knowingly and voluntarily assume all risks, known and unknown, relating to the Activity, including the risks of serious bodily injuries such as transmission of disease, permanent disability, paralysis or death and agree to be responsible for any and all injuries, damages, costs, expenses and other losses that could arise at any time as a direct or indirect result of my child’s participation in or observation of the Activity. COVID 19 issues are only one of many circumstances outside the control of JCPF. JCPF is concerned about your health but bears no responsibility or liability for it. Persons on JCPF premises or involved in JCPF activities are present and act upon their own judgment and at their own risk.
Waiver and Indemnification: Aware of the risk and willing to assume them, I for my child, myself, my heirs, executors, administrators, legal representatives, assigns and successors in interest (“Representatives”), to the fullest extent permitted by law, hereby release to the fullest extent permitted by law, hereby release Jack Creek Preserve Foundation, and each of its affiliated or parent companies, subsidiaries, officers, directors, members, managers, employees, agents, guides, trainers, doctors, officials, organizers, concessionaires, volunteers or sponsors ( collectively, the “Released Parties” or “Providers”) from any and all claims by me, my child, or my Representatives in any way connected with my child’s preparation for and/or participation in or observation of the Activity, both in law and in equity, in any way arising out of or resulting from damage to property or personal injury, transmission of disease, conscious suffering, or death sustained by me, my Representatives or my child. Release from liability includes loss, damage, disease, or injury resulting from intentional acts, failure to act, negligence, or any other cause or causes; except where caused by the gross negligence or willful or wanton misconduct of any of the Released Parties. This waiver and release shall bind me, my Representatives, my child any and all relatives, personal representatives, heirs, beneficiaries, next of kin, subrogees or assigns who might pursue any legal action or claim on my child’s behalf.
I on behalf of myself, my Representatives and my child further agree that I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties against all claims, demands and causes of action, including court costs and reasonable attorneys' fees, directly or indirectly arising from any action or other proceeding brought by or prosecuted contrary to this Agreement for the benefit of me or my child. This Agreement extends to all claims of every kind and nature whatsoever, whether known or unknown.
Insurance: I on behalf of myself and my child currently have and agree to maintain throughout their participation, valid and sufficient medical and accident insurance. I understand that this is my sole responsibility and release all persons and entities from providing this coverage for my child.
Emergency Medical Care: I verify that my child has no past or current physical condition that might affect their participation in Activity, including having been exposed to or actively infected by transmissible disease including COVID-19. In the event my child is in need of emergency medical treatment, I hereby authorize any medical care provider to carry out first aid or any emergency medical care and I accept responsibility and agree to indemnify the Released Parties for all such medical care and expenses.
Photo Release: I hereby grant permission to the Released Parties the right to use my or my child’s photograph(s) 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.
Applicable Law: This waiver and release shall be governed by Montana Law and exclusive jurisdiction for any such claims shall be in State District Court in Madison County, Montana, or in a Federal District Court in Montana.
Severability: A determination of invalidity of any one or more of the provisions or conditions hereof by judgment, order or decree of a court shall not affect in any manner the other provisions hereof which shall remain in full force and effect.
THIS AGREEMENT SHALL BE EFFECTIVE UNTIL TERMINATED IN WRITING BY JACK CREEK PRESERVE FOUNDATION
