Hike Adventures, LLC.
P.O. Box 573, Harpers Ferry, WV 25425 301-785-7773, www.hikedayofadventure.com
Release, Assumption of Risk, and Indemnity Agreement
I request that I be allowed to participate in activities and use services provided by Hike Adventures, LLC., or arranged by request to be provided by others, such as guided hiking, cultural and educational activities both outside and indoors (e.g., interactively listening to live music; learning about organic farming, nature, and history; touring green architecture; etc.), meals, lodging, making art (with clay, paint, or other common artistic media under the guidance of a professional artist), and others including transport to or from the activities or services. No representations whatsoever have been made as to the safety or quality of the activities or services provided by others.
As used in this Agreement, Hike Adventures, Inc., includes its owners, officers, directors, agents, guides, and employees, as well as any commonly owned or related companies and entities, their owners, officers, directors, agents, guides, and employees.
I understand that these activities and services pose substantial risks of serious permanent injuries or of death, and of the damage to or loss of personal property as the result of: (1) exposure to harmful weather conditions including heat, cold, wind, wind gusts, rain storms, snow, sleet, hail, lightning, and other adverse weather conditions; (2) the nature of the activities themselves, including hiking on trails with rocks, stumps, fallen trees and branches, depressions, inclines, declines, cliffs, gullies, streams, water crossings, mud, snow, ice, and obstacles of other sorts, (3) the particular risk of the activities including but not limited to: personal injury or medical emergency of any sort; tripping; falling; hyperthermia; hypothermia; sunburn; manufacturer’s defects of equipment; all obstacles described in item 2 above and others not named; participant’s failure to follow the guide’s safety and tour instructions; becoming disoriented and lost; (4) the use or operation, by myself or others, of equipment supplied by Hike Adventures, LLC., or other persons or entities, or failure of such equipment; (5) travel on roads, trails, waterways, or rough terrain by foot, bus, van, car, or other means, and accidents connected with their use by any conveyance, while participating in activities or using services; (6) the negligence or bad judgment of me, or of employees, guides, or contractors of Hike Adventures, LLC., or of other participants; (7) the risk that injuries or medical emergencies may occur in remote areas without adequate medical or other services; (8) contact with water, plants, or animals including insect bites; bee stings; animal attacks and bites; (9) the participant’s own physical condition or participant’s acts of omissions; (10) first-aid, emergency treatment or other services rendered; (11) consumption of food or drink; and (12) other known and unknown, foreseeable and unforeseeable risks not identified here. Participants may experience an increased heart rate and other symptoms of anxiety and stress due to, among other things, heights, physical exertion, and reliance on others. I represent that I am physically and mentally able to understand all these risks; to safely participate in the selected activities and services; and of sufficient intelligence and maturity to understand and follow the instructions of hiking and tour guides and anyone guiding or teaching a non-hiking activity.
In consideration of and as partial payment for being allowed to participate in activities and use services provided or arranged for by Hike Adventures, LLC., and for other good and valuable consideration not identified here, I PERSONALLY ASSUME, to the greatest extent permitted by law, all risks, whether or not specifically identified herein, of all of the activities in which I participate or services I use; I RELEASE Hike Adventures, LLC., from any and all claims and liability arising from negligence or breach of contract causing injury or damage to me to the greatest extent I am able to do so; and I PERSONALLY WILL INDEMNIFY AND HOLD HARMLESS Hike Adventures, LLC., from any and all costs, claims, and liability, including legal costs and expenses, directly or indirectly based upon claims of negligence or breach of contract as to any activity or service provided or arranged by Hike Adventures, LLC., as well as the costs of any medical or other expenses incurred for my benefit.
I further agree that the exclusive venue of any suit against Hike Adventures, LLC., for any reason shall be the Circuit Court of Jefferson County, West Virginia; consent to the jurisdiction of that Court as to any action against me to enforce this Agreement; agree that this Agreement is to be interpreted under the laws of the State of West Virginia and/or Maryland and/or Virginia whichever gives it the broadest interpretation and application; and agree that if any part of this Agreement is found to be invalid that all other portions shall be fully enforced. I further agree that this document will be admissible in any civil action filed against Hike Adventures, LLC., for any reason.
Participant’s Name: First: _____________________________________ Last: _________________________________________________
Participant’s Phone Number: __________________________________________________
Participant’s Email Address: ___________________________________________________
Participant’s Address: Address Line 1: _________________________________________________________________________________
Address Line 2: ______________________________________________________________________________________________________
Country: _________________________________________ City: _____________________________________________
State/Province: ___________________________________ Zip/Postal: _______________________________________
Participant’s Date of Birth: ________________________ Date of Trip: _____________________________________
I HAVE CAREFULLY READ THIS ENTIRE DOCUMENT, UNDERSTAND ITS CONTENTS, AND SIGN IT AS MY OWN FREE ACT. I REPRESENT THAT I CAN READ AND UNDERSTAND THE ENGLISH LANGUAGE AND THAT I HAVE COMPLETELY READ AND AGREE TO THIS ENTIRE DOCUMENT BEFORE AND AT SIGNING.
Participant’s Signature: _______________________________________________________________________________________________