ASSUMPTION OF RISKS AND RELEASE AND INDEMNITY AGREEMENT
Borestone Mountain Lodges and Cabins
This Participant Acknowledgement and Assumption of Risks and Release and Indemnity Agreement is made by and between the undersigned participant and the participant’s parents, guardians, or conservators if the participant is a minor or ward (collectively, the “Participant”) and Maine Audubon Society (“Maine Audubon”). This Agreement is a requirement and condition of Participant’s use of and/or access to Maine Audubon property, facilities, equipment, and/or personnel and/or Participant’s participation in certain recreational activities including without limitation use of remote mountain accommodations, equipment and facilities at Borestone Mountain, hiking, backpacking, camping, biking, skiing, boating, canoeing, kayaking, swimming, and transportation and/or travel to and from such recreational activities (collectively, the “Activities”).
In consideration of the opportunity to participate in the Activities, the Participant agrees as follows.
1. Acknowledgement and Assumption of Risks. Participant acknowledges and understands that participation in the Activities involves known and unanticipated risks that could result in physical or emotional injury, illness, paralysis, permanent disability, death, and property damage. Participant acknowledges and understands that that the Activities may occur in outdoor, mountainous, or wilderness environments on land or water, both on and off trail. Participant acknowledges and understands that some, but not all, of the known risks, hazards and dangers associated with Activities include:
-Activities may take place in remote locations several hours or days from any medical facility, causing potential delays or difficulties with communication, transportation, evacuation, and medical care. Activities may be unsupervised and take place in locations without on-site staff, lifeguards, or other medical or rescue personnel. Accidents or illnesses that occur during the Activities may be aggravated by the location and nature of the Activities. Cell phone signal strength and service may be limited or unavailable.
-Hazards may not be marked and weather conditions are unpredictable year-round.
-Risks include snow and ice, rain, fire, avalanches, lightning, storms, extreme hot and cold, humidity, changing water currents, mountainous terrain, floods, falling rocks and objects, cliffs, heavily forested areas, debris, exposure to weather and animals, insects, allergies, disease, and other natural or man-mad hazards.
-Equipment and facilities used in the Activities may break, fail or malfunction. Watercraft and other vehicles may overturn. Accidents may occur in connection with transportation to and from the Activities.
Participant acknowledges and understands that the risks, hazards, and dangers associated with the Activities cannot be eliminated regardless of the care taken to avoid injuries without jeopardizing the essential qualities of the Activities. Participant acknowledges and understands that the description of risks in this Agreement is not complete and that there are other risks, hazards and dangers associated with participating in the Activities that may be unknown or unanticipated. Despite these risks, Participant voluntarily and knowingly elects to participate in the Activities and hereby agrees to expressly and freely assume any and all risks to Participant and Participant’s personal property while participating in the Activities, including risks caused by Maine Audubon’s negligence or fault. Participant agrees that Participant is responsible for his/her own safety. Participant has considered his/her particular physical, mental, and emotional condition in making this participation decision and assumption of risk and represents that Participant is physically fit and capable of safely participating in the Activities without supervision or assistance from Maine Audubon.
2. Release, Waiver and Indemnity Agreement. The Participant hereby expressly and unconditionally waives, releases, holds harmless, indemnifies, and promises not to sue or seek any recovery from Maine Audubon and its directors, officers, trustees, employees, volunteers, contractors, agents, and assigns (the “Maine Audubon Parties”) from and for any and all causes of action liabilities, claims, demands, injuries, losses, damages, costs, and expenses of any kind, including but not limited to, any claim for property damage, personal injury, or death suffered by Participant or any other person resulting from or relating to, whether directly or indirectly, Participant’s participation in the Activities and whether caused by the negligence or fault of the Maine Audubon Parties or otherwise. This Agreement is specifically intended to waive and release all claims that Participant may have against the Maine Audubon Parties for negligence or fault, regardless of legal theory. Participant intends for this Agreement to apply also to Participant’s relatives, guardians, personal representatives, heirs, beneficiaries, next of kin, and assigns. Should the Maine Audubon Parties be required to incur attorneys’ fees, costs, or other expenses to enforce this Agreement, Participant agrees to indemnify and hold harmless the Maine Audubon Parties for all such fees, costs, and expenses. Participant understands and agrees that this Agreement is intended to be as broad as the law allows and specifically covers all claims, actions, or demands that may be based on the negligence or fault of the Maine Audubon Parties.
3. Agreement Governed by Maine Law. Participant agrees that the substantive law of the State of Maine, exclusive of its conflicts of law rules, shall apply to this Agreement. Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
4. Acknowledgment. Participant acknowledges and agrees that he/she has been given an opportunity to read and consider this Agreement and that it has been executed freely and knowingly.
The Participant understands and agrees that THIS DOCUMENT CONTAINS AN EXPRESS ASSUMPTION OF RISK, A PROMISE NOT TO SUE, AND A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL CLAIMS, INCLUDING NEGLIGENCE.
