AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY
Please read this contract carefully. It releases Grand Canyon Youth from liability and waives certain rights.
In consideration of being permitted to participate in an outdoor recreation experience with Grand Canyon Youth, Inc., an Arizona nonprofit corporation (hereinafter “GCY”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks:
I understand, acknowledge, and agree that participating in an outdoor recreation experience facilitated by GCY, which may include boating, camping, hiking, and related transport by or with GCY (hereinafter collectively and individually the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated, altered, or controlled by GCY, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following dangers and risks that could cause physical or emotional injury or death are inherent to the Activity, but that the list of inherent risks is not exhaustive – I understand and acknowledge that there are many other dangers or risks associated with the Activity not listed below: a) Risks associated with boating and being around or in water, including: falling into water; water immersion including drowning; jolting or jarring resulting in contact with hard objects including natural features, boating equipment, and the body parts of others; injurious contact with other watercraft, rocks, the bank, or other natural or man-made objects; capsizing or flipping boats; becoming tangled in ropes; getting trapped or caught beneath an overturned boat; being separated from watercraft; foot entrapment; trapped limbs; striking and/or becoming entangled with tree strainers or other objects in or under the water; being trapped by a hydraulic, swift current, undercut or other river feature; changing or unexpected natural or man-made water conditions; hazardous river or lake conditions, including whirlpools, strong currents, eddy lines, large waves, and shallow water; injury resulting from jumping from heights including from cliff or rock jumping; injuries caused by misjudging water depth or current; equipment malfunction; injury resulting from improperly rigged gear or equipment; failure to understand and follow guide instructions; prolonged exposure to cold water; hypothermia; physical over-exertion; mental or physical shock; slipping, tripping or falling around or from boats; burning associated with hot surfaces and sun; and errors in guide judgment, or lapse in guide skill; b) Risks associated with transport in a motor vehicle, including: all commonly understood risks of riding in a vehicle, including crashes; slipping, tripping or falling in or from vehicles; risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; and lapse in driver judgment or skill; c) General risks associated with participating in an outdoor recreation experience and the Activity, with other participants and relying on guides and/or staff, including: slipping, tripping or falling; steep and/or rough trail and off-trail conditions; falling from steep terrain or cliff edges; irregular or obstructed footing; allergen exposure; exposure to various dangerous or diseased wildlife or insects, including but not limited to bears, bees, wasps, ants, spiders, ticks, bats, rodents, scorpions, venomous reptiles, or snake stings or bites; dangerous contact with domestic animals; exposure to dangerous or poisonous plants; harmful or toxic algal (algae) blooms; water and land pollution and debris; falling trees, rocks, or other natural or man-made objects; moving objects associated with extreme weather; changing weather, dangerously cold and hot temperatures, wind, hail, snow, lightning, heavy rain, storms, and other adverse weather conditions; wildfire; flash flood; earthquake; landslides; rock-fall; mudslides; dangerous water crossings; discharge of weapons in or near the area of Activity; wildfire or uncontrolled camp or kitchen fire; burns or burning associated with campfires, cook stoves, hot food and/or beverages, hot surfaces, and sun exposure; exposure to food allergens; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; flying man-made objects such as balls, frisbees, gear, or equipment; all manner of outdoor injuries or ailments including head or brain injury, spinal injury, paralysis, broken bones, burns, internal injury, sickness or disease; exacerbation of the Participant’s own health condition(s); hypothermia, sunburn, frostbite, heatstroke, dehydration, hyponatremia, and altitude sickness; physical or psychological shock or trauma; overexertion; strenuous activity; fatigue; dizziness or disorientation; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; lack of or inadequate shelter; getting lost; mentally or physically unstable, negligent or criminal trip participants; lack of access to weather alerts and other warnings or information; errors in guide or staff judgment or lapse in guide or staff skill; and mental, physical, or emotional injury or distress from exposure to any inherent risks associated with the Activity. I understand that GCY has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk:
I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so and I freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in section 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations:
I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing, visually, or verbally, and agree to follow all guide or staff instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with GCY the risks of participating in the Activity and my assumption of those risks. I understand that I am responsible for truthfully disclosing and notifying GCY of any risk to me or other participants associated with my own mental or physical conditions. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am aware of the increased risk associated with running higher classes of whitewater, and of the changing nature of such risk as water levels change. I understand that paddling my own watercraft carries heightened and additional risks to those assumed by a Participant in a guided boat and that the inherent risks of the trip are heightened and enhanced by the fact that the watercraft by which the Participant will be traveling will not be controlled by an experienced guide who is familiar with the river or lake, the rapids on a river, and the dynamic nature of river or lake conditions. I acknowledge that when paddling my own watercraft all risks inherent to traveling by watercraft are heightened, and the risk of injury or death is correspondingly higher. I acknowledge and agree that any and all equipment provided by GCY (including a personal flotation device (PFD) or helmet), may malfunction, fail, not fit properly, or otherwise not function as intended. I acknowledge that not all conceivable safety equipment is included and that Participant must supply any safety equipment they deem advisable or necessary for the Activities beyond what is provided. I agree that if I choose to use my own equipment that I am solely responsible for its suitability, use, condition, and maintenance. I agree that GCY reserves the right to remove Participant from engaging in the Activity if it deems, in its sole discretion, that such removal is appropriate and necessary. I acknowledge that, in order to preserve the wilderness experience, GCY may not carry or utilize satellite communications devices. I expressly agree that GCY shall have no duty to utilize communications technology of any kind, including satellite technology, other than for seeking emergency assistance in the aftermath of a serious incident, and I expressly assume all risk associated with the lack of any such communications. I am not relying on any prior oral, written, or visual representations made by GCY, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue:
Fully understanding the foregoing paragraphs, and in exchange for GCY’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE GRAND CANYON YOUTH, INC., its affiliated companies, partners, and subsidiaries, or any of their respective owners or managers, board members, volunteers, agents, employees, contractors, representatives, shareholders, officers, directors, affiliated organizations or companies, insurance carriers, successors in interest, and assignees (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract, premises liability, and/or express or implied warranty claims (but not gross negligence, recklessness, or willful misconduct).
5. Agreement to Indemnify:
I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, including claims for negligence or any other cause of action except for gross negligence, undersigned will be required to pay back to each and every Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
6. Medical Authorization, Release, and Indemnification:
I hereby a) authorize the Released Parties to undertake any emergency medical care for Participant; b) authorize any Released Parties and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; c) agree that, following Participant’s transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for Participant; d) agree to pay all costs associated with the medical care and related transportation provided for the Participant; and e) shall indemnify and hold harmless (as set forth in section 5, above) any Released Party from any and all liability and/or claims associated with such medical care and/or related transportation.
7. Application of Agreement to Minor Participants:
In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my own behalf, but that I am signing on behalf of the minor, and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and I sign this document out of a desire to have the Participant be allowed to participate in the Activity. I represent that I am a legal parent or guardian of the minor Participant and authorized by law to execute a legally binding contract on behalf of the minor, and I will indemnify the Released Parties for any damage caused to them if this representation is false.
8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract:
I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.
9. Agreement to Application of Arizona Law and Selection of Forum:
I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity shall be governed by Arizona law, and that the exclusive jurisdiction for any claim shall be in the Superior Court of Coconino County, Arizona, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
10. Miscellaneous Provisions:
I agree that GCY may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of GCY. If any sentence, clause, paragraph, or section of this Agreement is declared unenforceable, the remainder shall continue in full force and effect, and I expressly agree that I intend that it be admissible as evidence in any lawsuit arising out of my participation in the Activity. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by GCY during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that GCY is not in a joint venture with any such vendor or subcontractor. I agree that GCY is not a common carrier.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.