RELEASE OF LIABILITY, ACKNOWLEDGEMENT OF RISK, AND ACCEPTANCE OF RESPONSIBILITY

 

In consideration of the services of Women’s Wine Hiking Society, including its directors, officers, employees, ambassadors, trip leaders, hike leaders, volunteers, agents, representatives, affiliates, sponsors, landowners, event hosts, and other persons or entities acting in any capacity on its behalf (collectively, the “Released Parties” or “WHS”), I hereby, 1) acknowledge the inherent risks described herein, 2) accept full responsibility for my participation in the above-named event and related activities (“Event”), and 3) agree to release, indemnify, and discharge WHS, on behalf of myself, my spouse, my children, my parents, my heirs, successors, assigns, personal representative, and estate, as follows in this Release of Liability, Acknowledgement of Risk, and Acceptance of Responsibility (“Agreement”):

RISKS OF THE EVENT:

WARNING: There are certain elements of risk involved when participating in the Event, including but not limited to, those caused by terrain, facilities, temperature, weather, vehicles, vehicular traffic, physical and other conditions of participants, event organizers, and bystanders.

Depending on the Event, activities may include hiking, backpacking, camping, kayaking or other paddlesports, snowshoeing, outdoor recreation, fitness activities, social activities, travel, and other recreational activities. Risks may include, but are not limited to: uneven, unstable, steep, slippery, or rugged terrain; cliffs and exposure to heights; loose or falling rock; falling trees or branches; stream or river crossings; bodies of water and drowning; snow and ice; avalanches; lightning; extreme heat or cold; altitude; wildfire and smoke; poor air quality; darkness; becoming lost or separated from the group; falls; collisions; equipment malfunction or failure; wildlife, insects, poisonous or irritating plants; encounters with other trail or road users; motor vehicles; actions or omissions of other participants or third parties; and delayed or unavailable emergency assistance.

I understand that outdoor and wilderness activities may take place in remote locations where communication may be limited or unavailable and where medical care, evacuation, search and rescue, and emergency services may be significantly delayed or unavailable. WHS cannot guarantee rescue, evacuation, medical treatment, cellular service, or access to emergency services.

I HEREBY ASSUME ANY AND ALL OF THE RISKS, KNOWN AND/OR UNKNOWN, OF PARTICIPATING IN THIS EVENT,

including by way of example and not limitation, risks of all activities associated with the Event, risks that may arise from negligence or carelessness on the part of the persons or entities being released, risks from dangerous or defective equipment or property owned, maintained, rented, or controlled by them, the risk of their possible liability without fault, and/or the risk of transporting myself and others to and from the Event location. I acknowledge that this Event may involve a test of a person’s physical and mental limits and carries with it the potential for death, disability, serious injury, and property loss. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Event.

ASSUMPTION OF RISKS AND ACCEPTANCE OF RESPONSIBILITY:

I expressly agree to accept and assume all of the risks existing in the Event, whether described in this Agreement or not, including risks that are inherent in outdoor recreation and risks associated with the acts or omissions of other participants or third parties. My participation in the Event is purely voluntary, and I elect to participate in spite of the risks.

I certify that I am twenty-one (21) years of age or older, have sufficiently prepared or trained for participation in the Event, have not made any material misrepresentations relating to my physical, mental, or emotional condition, and have not been advised not to participate by a medical professional. I certify that there are no health-related reasons or problems known to me that preclude my participation in the Event.

I understand that I am responsible for evaluating my own fitness, experience, skills, medical condition, equipment, preparation, and ability to participate safely. I agree to accurately provide information concerning my experience, abilities, health limitations, or other relevant circumstances when WHS requests such information for purposes of evaluating participation in an Event.

I understand that WHS representatives, ambassadors, trip leaders, hike leaders, volunteers, or others may provide information, recommendations, instruction, assistance, or guidance, but I remain responsible for my own decisions, conduct, and safety.

I agree to follow reasonable safety instructions, Event rules, land-management regulations, and directions provided by WHS representatives. I understand that WHS may refuse or terminate my participation in an Event if it reasonably determines that my conduct, condition, preparation, equipment, intoxication, or ability presents a safety risk to myself or others. I understand that WHS’s exercise or non-exercise of this authority does not create or increase any duty owed to me.

EQUIPMENT

I understand that I may use equipment owned, rented, loaned, recommended, or provided by WHS or a third party. I accept the risks associated with the selection, fit, condition, use, misuse, malfunction, or failure of such equipment. I agree to inspect equipment within my ability and promptly report any known or suspected defect or problem.

I understand that WHS’s provision, recommendation, inspection, or adjustment of equipment does not guarantee that such equipment is free from defects or appropriate for every participant or circumstance.

TRANSPORTATION AND CARPOOLING

I understand that transportation or carpooling associated with an Event may be provided by participants, volunteers, independent transportation providers, or other third parties. Unless expressly stated otherwise in writing, WHS does not provide, supervise, inspect, or control participant transportation and does not guarantee or verify the qualifications, driving record, insurance, vehicle condition, or fitness of individual drivers.

I voluntarily assume the risks associated with transportation to, from, or during an Event, including transportation arranged informally among participants. I am responsible for determining whether I am comfortable riding with a particular driver or in a particular vehicle and for arranging alternative transportation when necessary.

THIRD-PARTY PROVIDERS

I understand that certain portions of an Event may be operated or provided by independent third parties, including guides, outfitters, transportation providers, lodging providers, restaurants, recreation providers, instructors, tour operators, landowners, and other vendors. Unless expressly stated otherwise in writing, these third parties are independent from WHS, and WHS does not control their acts, omissions, personnel, equipment, facilities, transportation, or services.

I understand that I may be required to sign additional waivers or agreements required by third-party providers and that WHS’s coordination, promotion, booking, or facilitation of an activity does not mean that WHS operates or controls the third-party service.

ALCOHOL

I understand that the consumption of alcohol is never required to participate in a WHS Event. If I choose to consume alcohol, I do so voluntarily and accept responsibility for determining whether and how much alcohol I consume.

I acknowledge that alcohol may impair judgment, coordination, balance, reaction time, and decision-making and may increase the risks associated with outdoor recreation, driving, water activities, and other Event activities. I voluntarily assume the risks associated with my consumption of alcohol to the fullest extent permitted by law.

I agree not to operate a motor vehicle while impaired and understand that I am responsible for arranging safe transportation if I consume alcohol. I understand that I am responsible for complying with all applicable laws relating to alcohol possession and consumption.

COMMUNICABLE DISEASE

I understand that participation in group activities may expose me to COVID-19, influenza, respiratory illnesses, gastrointestinal illnesses, and other communicable diseases. I voluntarily assume the risks associated with such exposure. I agree not to participate when I am experiencing symptoms of a potentially contagious illness when doing so could reasonably place others at risk.

RELEASE OF LIABILITY/WAIVER OF CLAIMS:

I WAIVE, RELEASE, AND DISCHARGE the Released Parties from any and all liability, claims, demands, causes of action, damages, losses, or expenses arising from or related to my participation in the Event, including but not limited to liability arising from the negligence or fault of the entities or persons released for my death, disability, illness, personal injury, property damage, property theft, or other loss that may occur to me, including while traveling to and from the Event.

I UNDERSTAND AND EXPRESSLY AGREE THAT THIS AGREEMENT INCLUDES A RELEASE OF CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF WOMEN’S WINE HIKING SOCIETY AND THE OTHER RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

I understand that this Agreement is intended to be as broad and inclusive as permitted by applicable law. Nothing in this Agreement is intended to release conduct that cannot lawfully be released or waived.

INDEMNIFICATION AND COVENANT NOT TO SUE

I INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND PROMISE NOT TO SUE THE RELEASED PARTIES for liabilities or claims arising as a result of my participation in the Event or transportation to and/or from the Event, to the fullest extent permitted by applicable law.

I accept responsibility for injury, loss, or damage that I cause to another person, property, or the environment through my own acts or omissions.

I acknowledge that WHS is not responsible for the errors, omissions, acts, or failures to act of any independent party or entity conducting or providing an activity or service associated with the Event.

MEDICAL TREATMENT AND EMERGENCY RESPONSE

hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this activity.

I authorize WHS representatives and other participants to contact emergency services and seek or facilitate medical care, evacuation, or rescue on my behalf when they reasonably believe it is appropriate. I understand that WHS does not have an obligation or ability to provide professional medical care, rescue, or evacuation services.

I understand that evacuation, rescue, ambulance, medical treatment, hospitalization, and related services may result in substantial costs. I accept financial responsibility for medical treatment, evacuation, rescue, transportation, and related expenses incurred on my behalf to the extent I am legally responsible for those costs.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Event, or I agree to bear such costs myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

ATTORNEY’S FEES AND COSTS

Should WHS or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree, to the extent permitted by applicable law, to indemnify and hold them harmless for such fees and costs and agree to reimburse them for such fees and costs.

MEDIA RELEASE

I understand while participating in this activity I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and agents.

The Release of Liability, Acknowledgement of Risk, and Acceptance of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

SEVERABILITY AND INTERPRETATION:

I understand and agree that this Agreement is intended to be interpreted and enforced to the fullest extent permitted by applicable law. If any provision or portion of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be limited or modified to the minimum extent necessary to make it enforceable where permitted by law.

This Agreement is intended to apply to the Event identified above and all activities reasonably associated with that Event, including preparation, participation, transportation where applicable, and related activities.

ELECTRONIC SIGNATURE:

I agree that checking the box on the product / ticket page serves as my electronic signature, electronic acceptance, or other electronic indication of agreement has the same force and effect as a handwritten signature to the extent permitted by applicable law.

ACKNOWLEDGMENT:

I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING IT AND TO ASK QUESTIONS ABOUT ITS CONTENT. I UNDERSTAND THAT I AM NOT REQUIRED TO PARTICIPATE IN THE EVENT AND THAT MY PARTICIPATION IS VOLUNTARY.

I CERTIFY THAT I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO BRING CLAIMS AGAINST THE RELEASED PARTIES.

BY CHECKING THE LIABILITY WAIVER BOX ON THE TICKET / PRODUCT PAGE,I SIGN THIS AGREEMENT OF MY OWN FREE WILL WITHOUT INDUCEMENT OR UNDUE INFLUENCE BY ANOTHER PARTY.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AGREEMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I SIGN IT OF MY OWN FREE WILL WITHOUT ANY INDUCEMENT OR UNDUE INFLUENCE OF ANOTHER PARTY.HER PARTY.