BECOMING A MEMBER OF LADIES ADVENTURES FLORENCE
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Liability Waiver & Media Release
A. Acknowledgment of Responsibility, Express Assumption of Risk and Release of Liability. In consideration of the services of Ladies Adventures International LLC (“LAI”), and its managers, officers, employees, representatives, volunteers, agents, organizers, leaders and co-leaders, and members (hereinafter collectively referred to as “LAI Representatives”) and in consideration of being allowed to participate in ac, I hereby acknowledge and agree to release, indemnify, and discharge LAI and each LAI Representative on behalf of his or herself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. The LAI Representatives organize the activities of LAI, which may include, but are not limited to, canoeing, sailing, kayaking, other paddling, hiking, camping, and use of other facilities for land- or water-based activities (collectively, referred to as “Activities” and each, an “Activity”) and are volunteers acting on behalf of the organization for the sole purpose of facilitating enjoyment. They are not paid professional guides or leaders. In all Activities, all participants in such Activities (“Participants”) are solely responsible for their own safety and share in the responsibility for the safety of the group. I take responsibility for having appropriate skills, physical conditioning, equipment, and supplies for these Activities.
2. The Activities include inherent and other risks, hazards and dangers that can cause or lead to injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to Participant, LAI Representative or third party. Some, but not all of these risks, hazards and dangers include: hazardous and unpredictable ground, water or weather conditions; misjudgments made by LAI Representatives, Participants or others; travel in remote areas that can cause delays in transportation, evacuation and medical care; equipment that can fail or malfunction; the potential that the Participant or others (e.g., co-participant, driver, medical and rescue personnel) may act carelessly or recklessly. I understand that LAI Representatives and other Participants cannot assure Participant safety or eliminate these risks. Furthermore, I have been apprised of and fully appreciate my assumption of these risks.
3. I am voluntarily participating with knowledge of the risks, and I elect to participant in spite of such risks. Therefore, I expressly agree and promise to assume and accept all the risks existing in any Activity and the full responsibility for the inherent and other risks of these Activities (both known and unknown), and for any injury, damage, death or other loss suffered by me resulting from those risks. Furthermore, I am knowingly and freely assuming all such risks, known and unknown, even if arising from the negligence of LAI Representatives, Participants or others.
4. Furthermore, as a Participant, I agree to comply with all current and/or hereafter promulgated LAI protections/protocols pertaining to safety and/or infectious diseases as they relate to her/his participation in any Activities. In the event that I as a Participant observe any unusual or significant hazard while participating in any Activity, I will remove myself from further participation and immediately bring such issue to the attention of the nearest LAI Representative(s).
5. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 by attending LAI adventures and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
6. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, LAI Guides, volunteers, and adventure participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind.
7. I hereby agree not to sue and to voluntarily release, forever discharge and agree to hold harmless LAI and all LAI Representatives from any and all claims, demands, liabilities, suits, causes of action, or expenses, including, without limitation, reasonable attorneys’ fees, (hereafter collectively referred to as “Claims” and each, a “Claim”), including Claims caused or alleged to be caused by the negligence of LAI or the LAI Representatives (but not their gross negligence or intentional or reckless misconduct), which are in any way connected with my participation in any Activity or my use of LAI’s or an LAI Representative’s equipment. I intend to waive all Claims I may have against LAI, and agree that neither I, nor anyone acting on my behalf, will make a Claim or file a lawsuit against LAI.
8. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
9. I agree that the substantive laws of the State of New Jersey govern this Agreement and all other aspects of my relationship with LAI, and that any mediation, suit, or other proceeding must be filed or entered into only in the State of New Jersey. I agree that the foregoing release, discharge, waiver and indemnity is intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey and that if any portion of this Agreement is deemed unlawful, void or unenforceable by a court of competent jurisdiction, then it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect and the offending provision(s) shall be deemed severed therefrom.
10. I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY SIGN THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND BINDING UPON ME, MY SPOUSE, MY CHILDREN AND OTHER FAMILY MEMBERS, AND MY HEIRS, ASSIGNS, EXECUTORS, PERSONAL REPRESENTATIVES AND ESTATE.
Finally, by signing this Agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in any Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LAI and LAI Representatives on the basis of any claim from which I have released them herein. I also agree to pay for any and all damages to any equipment that is used in this activity.
B. Photo/Video Release
By checking here and signing below, I hereby authorize the LAI to use, reproduce, and/or publish photographs and/or audio-video that may pertain to me— including my image, likeness, and/or voice— without compensation.
I hereby authorize the LAI to use, reproduce, and/or publish photographs and/or audio-video that may pertain to me— including my image, likeness, and/or voice— without compensation.
I understand that this material may be used in various publications, press/media releases, informational or outreach materials, or for other related endeavors. This material may also appear in either print or digital format—with digital media to include but not be limited to examples such as website publication, social networking, and email updates.
This authorization is annual and may be withdrawn by my specific rescission of this authorization. Consequently, LAI may publish materials, use my name, photograph and likeness, and/or make reference to me in any manner deemed appropriate in order to promote and serve LAI’s mission and programs. This release shall be construed broadly to provide authorization of use to the maximum extent permissible under applicable law.
(If you decline, please do your best not to be captured in any photos/videos taken by anyone at LAI events.)