RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT (“LIABILITY WAIVER”) FULLY AND CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS OF THIS LIABILITY WAIVER IS A CONDITION OF ACCESS TO ACTIVITIES OF FOXWALK ADVENTURES AND TO THE PREMISES WHERE ACTIVITIES MAY TAKE PLACE.
In consideration of my participation in the Activities (defined below) provided by Foxwalk Adventures and intending to be legally bound hereby, I agree for myself (and for the minor participant if I am signing as a parent or guardian) as follows:
1. ACTIVITIES AND ASSOCIATED RISKS.
1.1 ACTIVITIES. Activities provided by Foxwalk Adventures may include but are not limited to learning wilderness survival skills, camping, hiking, backpacking, trail running, sea kayaking, swimming, fishing, interacting with land and marine wildlife, shelter building, fire-making, wild food foraging, cooking, navigation, carving, sawing, wood splitting, and other outdoor activities (the “Activities”), individually or collectively, as the context may require.
1.2 DANGERS AND RISKS OF ACTIVITIES. By signing this Liability Waiver, I acknowledge that participating in the Activities is inherently dangerous, and I fully realize the risks and dangers of participating in the Activities. These risks and dangers include but are not limited to some of the following (depending on the nature of the Activities): (i) PHYSICAL INJURY AND/OR DEATH; (ii) environmental risks and dangers, including but not limited to handling of fire, exposure to deep and cold water, unpredictable ocean waves and currents, uneven terrain, falling timber, falling or rolling rocks, exposure to sharp or slippery rocks or surfaces, hostile or aggressive wildlife, exposure to disease-carrying animals or insects, exposure to communicable diseases, adverse reaction to wild edible plants and shellfish, exposure to allergens which could cause life-threatening reactions, exposure to extreme temperatures, lightening, and forces of nature including weather which may change to extreme or hazardous conditions quickly or unexpectedly; (iii) other risks, including but not limited to the use of sharp cutting instruments, handling flammable materials, slipping, falling, exercising poor judgment, my own or others’ negligence, failure to wear gear appropriate to the conditions on land or water, failure to follow directions, stress, fatigue, overexertion, overheating, submersion or drowning, getting lost, being remote, equipment and structure failure or malfunction, property hazards, and other hazards associated with traveling on the water or in forested or mountainous terrain; (iv) minor injuries, including but not limited to, scratches, bruises, sunburns, sprains, and strains; (v) major injuries, including but not limited to burns, cuts, broken bones, severe soft-tissue injuries, concussions, injuries from slips, falls, lifting, and repetitive motions, and injuries from lack of fitness and/or lack of hydration; (vi) catastrophic injuries, including but not limited to brain injury, heart attack, and paralysis; (vii) illnesses, including but not limited to motion sickness or seasickness, dehydration, other heat-or-cold-related illnesses, pathogens and diseases—such as Lymes Disease—from other people or animals including mosquitos or ticks, social encounters that may spread illness such as a flu or Covid-19; and (viii) all other risks, injuries, illnesses, and damages, including unknown or unanticipated ones, that may exist.
1.3 EQUIPMENT. I will inspect before use all equipment offered for use by Foxwalk Adventures or any other provider (the “Equipment”), and will exercise due care with such Equipment, including but not limited to the handling fire and flammable materials, using a sharp knife or other sharp cutting instrument, driving a vehicle and/or riding as a passenger in a vehicle, and handling or using all other equipment that may be supplied by Foxwalk Adventures or other providers in connection with, or required for, participation in the Activities.
1.4 USE OF PREMISES. I understand and agree that I may only use the Foxwalk Adventures premises or property (the “Premises”) for lodging and Activities set forth in this Liability Waiver during the dates of my scheduled Activities. I further agree that I am responsible for the proper use and care of the Premises and any of Foxwalk Adventures’ property thereon (and that I will be liable for the replacement cost of any Foxwalk Adventures property which is damaged, destroyed, or lost).
1.5 OTHER ACKNOWLEDGEMENTS.
1.5.1 Meal Preparation. Meals may be prepared over a gas or open fire.
1.5.2 Water. When camping or practicing survival scenarios, water may require disinfection before use.
2. ASSUMPTION OF RISKS. I hereby freely accept and fully assume the inherent risks and dangers, as well as any other risks not listed that are part of the Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities, during transportation provided in conjunction with the Activities, and/or my use of the Premises—including any injury, illness, or loss caused by the negligence of Foxwalk Adventures, its employees, instructors, agents, officers, contractors and volunteers, and other Activities participants. I acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the Activities involves additional risks and dangers, including but not limited to risks that may arise as a result of transportation services provided by Foxwalk Adventures in conjunction with my participation in the Activities, encounters with motor vehicles and Equipment, limited access to and/or delay of medical attention, and mental distress from participation in the Activities. I understand and freely accept that there are risks involved in the decision-making and conduct of Foxwalk Adventures in connection with the Activities, including the risk that an employee, instructor, agent, contractor, or volunteer may misjudge (i) my abilities or conditioning; (ii) weather, terrain, route selection, location; or (iii) some aspect of my mental, emotional, or physical condition that may make all or a portion of the Activities inappropriate for me. I also understand that any equipment that I provide or the Equipment that I borrow, use, or rent from Foxwalk Adventures or any other provider, I use at my own risk and that any such Equipment is provided without any warranty about its condition or suitability.
RECOGNIZING THE RISKS AND DANGERS, I UNDERSTAND THE NATURE OF THE ACTIVITIES AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE ACTIVITIES, MY USE OF THE PREMISES AND EQUIPMENT, WHETHER OR NOT DESCRIBED IN THIS LIABILITY WAIVER, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE, INCLUDING THE RISK OF INJURY, DEATH, ILLNESS, PROPERTY DAMAGE, OR LOSS, EVEN IF CAUSED BY THE NEGLIGENCE OF FOXWALK ADVENTURES.
3. RELEASE OF LIABILITY. I hereby RELEASE FOXWALK ADVENTURES, its employees, instructors, agents, officers, contractors, and volunteers (the “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, illness, death, loss, or harm that occur to me or to any other person or to any property during my participation in the Activities or in any way related to the Activities, including during transportation provided in conjunction with the Activities, or relating in any manner to my entry upon and use of the Premises. This RELEASE includes claims for the negligence of Foxwalk Adventures or any of the Released Parties, claims for wrongful death, and claims for strict liability for abnormally dangerous activities. I acknowledge and agree that this RELEASE and Liability Waiver is intended to be, and is, a COMPLETE RELEASE, as much as allowed by law, of any responsibility of Foxwalk Adventures and any of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me or any other person, while on or using the Premises or participating in the Activities.
4. INDEMNIFICATION. I hereby agree to INDEMNIFY, HOLD HARMLESS, and DEFEND Foxwalk Adventures and the Released Parties from and against any and all claims, causes of action, suits, damages, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life, or damage to property sustained by reason of or arising out of my use of the Premises or participation in any Activities, even if caused by the negligence of Foxwalk Adventures. I agree that in the event of my death or disability, the terms of this Liability Waiver, including the INDEMNIFICATION obligation in this Section, will be binding on my estate, and that my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
5. MEDICAL TREATMENT. I hereby authorize Foxwalk Adventures to secure, and I consent to, any medical treatment that may be given to me should Foxwalk Adventures determine in its sole discretion that I need medical care as a result of my being on the Premises or from my participation in the Activities. I acknowledge that any such emergency assistance or medical treatment may be rendered by persons with training or experience that may not be adequate for certain medical situations, or the injuries or illnesses sustained by me, and I waive any claim in respect thereof. I further acknowledge that hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release Foxwalk Adventures and any other parties involved from any type of claims, causes of actions, or liabilities for anything that may happen during my medical treatment or transport.
6. AGREEMENT TO FOLLOW DIRECTIONS. I agree to follow the rules of the Activities provided to me and to follow all directions given to me by the instructors of the Activities.
7. INDEPENDENT CONTRACTORS. I acknowledge that Foxwalk Adventures has no control over and assumes no responsibilities for the actions of any independent contractors, including volunteers, providing any services for the Activities.
8. RESPONSIBILITY FOR PERSONAL PROPERTY. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the Activities, and that Foxwalk Adventures will not be responsible for or provide any security for my property and personal belongings.
9. NO REPRESENTATIONS BY FOXWALK ADVENTURES. I acknowledge that Foxwalk Adventures makes no representation as to the condition of the Premises or the safety of the Activities or any Equipment either on the Premises or used in the Activities. I accept and shall use the Premises and any Equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Foxwalk Adventures or its employees, instructors, agents, officers, contractors, or volunteers regarding this Liability Waiver or the Premises or Activities, except to the extent such representations are expressly set forth in this Liability Waiver.
10. HAZARDS. If I observe any unusual hazard during my use of the Premises or participation in the Activities, I will immediately remove myself from such hazard and bring such hazard to the immediate attention of my instructor or other Foxwalk employee, agent, contractor, or volunteer present at the Activities or on the Premises. If I have any doubts as to such safety or suitability, I will not participate in the Activities and will immediately remove myself from the perceived area of danger.
11. GOVERNING LAW AND FORUM. This Liability Waiver shall be governed and interpreted in accordance with the laws of the State of Maine, without regard to any conflict of laws provision. I agree that any dispute arising out of this Liability Waiver or in any way associated with the Activities shall be brought exclusively in an appropriate state or federal court in Hancock County, Maine, and I agree to the jurisdiction and venue of those courts for any such dispute.
12. SEVERABILITY. If any provision or portion of this Liability Waiver shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
13. ENTIRE AGREEMENT; MODIFICATION; BINDING EFFECT. This Liability Waiver is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Liability Waiver shall be valid unless in writing signed by authorized representatives of the parties. I acknowledge and agree that this Liability Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns, and legal representatives.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY WAIVER BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS LIABILITY WAIVER HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.