Release and Waiver of Liability and Indemnity Agreement
(revised 1/98)
I hereby acknowledge that I have voluntarily applied to participate from time to
time in mountaineering and/or in mountaineering instruction or training,
hereinafter referred to as "Activities". (Initial: ______ )
I am aware that the Activities are hazardous, involving risk of serious bodily
injury, death, or property damage and I am voluntarily participating in these
Activities with knowledge of the risks. I expressly assume the risk of these
dangers including, but not limited to, slips, falls, objects or persons falling on
persons, equipment failure, injury from pointed equipment, high altitude
sickness and/or injury, improperly administered first aid, lightning strikes,
hypothermia, and/or drowning. (Initial: ______ )
As lawful consideration for being permitted by the group engaging in these
Activities or any of its officers, agents, servants, volunteers, leaders, activity
participants, or employees, herein referred to as Releasees, to participate in
these Activities and/or use their equipment, the undersigned does for
him/herself, his/her heirs, executors, administrators, legal representatives,
guardians, distributees, and assigns, collectively referred to as Releasors, hereby
release, waive, discharge, and relinquish any action or causes of action for
personal injury, property damage, or wrongful death which may hereafter arise
from the Activities or any pursuit incidental thereto wherever or however said
pursuit may occur and for any period said Activities and pursuits may continue.
(Initial: ______ )
The undersigned further agrees that under no circumstances will Releasors
prosecute or present any claim against Releasees for any causes of action, for
personal injury, property damage, or wrongful death, whether the same shall
arise by the negligence or non-intentional conduct of any of said Releasees from
the Activities or any pursuit incidental thereto. (Initial: ______ )
The undersigned and the remaining Releasors hereby agree to indemnify, save
and hold harmless the Releasees and each of them from any loss, liability,
damage or cost (including attorney fees) which Releasees may incur as a result
of injury, death, or property damage to the undersigned, or from suit from such
personal injury, death, and/or property damage to the undersigned.
(Initial: ______ )
This Agreement is intended to be as broad as is permissible under the law of
the State of California and this Agreement shall be interpreted under the laws
of the State of California. (Initial: ______ )
If any portion of this Agreement is invalid and/or is declared to be invalid by a
Court of Law, it is agreed that the balance of the Agreement shall continue in
full force and effect. (Initial: ______ )
The undersigned has read and voluntarily signs the release and waiver of
liability and indemnity Agreement and further agrees that no oral
representations, statements, or inducements apart from the foregoing written
Agreement have been made. (Initial: ______ )
I will be personally responsible for my own safety during these Activities and
assume all risks and accept full and complete responsibility for any and all
damages and personal injury of any kind, including death. This Agreement
must be signed by all trip participants as a condition for participation, which in
my opinion makes this Agreement a reasonable contract. (Initial: ______ )
The undersigned acknowledges that he/she has read the foregoing paragraphs
and is completely aware of the potential dangers incident to engaging in the
Activities, and is fully aware of the legal consequences of signing the within
instrument. (Initial: ______ )
Printed Name:
_________________________________________________________ Age: _________________
Signature:
_________________________________________________________ Date: ________________
Parent or Guardian Signature:
_________________________________________________________ Date: ________________
This document is available at:
http://www.climber.org/trips/LiabilityWaiver.pdf
http://www.climber.org/trips/LiabilityWaiver.html