ANNUAL PARTICIPANT AGREEMENT 2023
(Including assumption of risks and agreements of release and indemnity)
So that you may hike, or continue to hike, with us, please read the following, understand it, and sign below. This agreement affects the legal rights of participants, and those who sign on their behalf, in the event of an injury or other loss. Adult participants must sign this agreement as a condition to their participating in an activity of Hike Everywhere, Inc., aka the Orange County (or OC) Hiking Club ("the Organization"). If the participant is a minor (under eighteen years of age) his or her parent or legal guardian (both referred to below as "parent") must sign, for themselves and on behalf of the minor participant. "I", below, refers to the adult participant or to the parent or guardian of a minor participant unless indicated otherwise.
In consideration of my or the child's acceptance as a participant in Club activities, sometimes referred to as Outings, I acknowledge and agree as follows:
The Organization: HIKE EVERYWHERE, INC. is a California charitable not-for-profit Organization. HIKE EVERYWHERE, INC. encourages informal meet ups of hikers, backpackers and others for adventure, including urban, events called Outings. The Organization's officers, directors, staff (excluding office staff) and Hike, Apprentice, Event, and Assistant Organizers (who may actually convene the participants for the Outings) are volunteers. They are not professional trip planners, outfitters or guides. The services they offer are limited to organizing and convening a group of like-minded individuals who enjoy outdoor activities and willingly accept the risks of doing so, and who do not look to the organization, its officers or directors or members for compensation in the event something goes wrong. I understand that the activities are not "guided" in the sense that a "leader" might be responsible for the safety and welfare of the participants. He or she has simply convened the group and offered to assist them on their hike or other recreational activity. These persons are not trained to respond during an emergency by providing first aid, CPR, or any rescue action. While the Organization has attempted to select qualified persons for these roles, it does not investigate or confirm or make any representation whatsoever regarding their qualifications or performance with regard to an Outing. I will satisfy myself regarding the capabilities of anyone who purports to be responsible for planning or the execution of the Outing and I am solely responsible for my, or the child's decision in that regard.
Activities: The activities of The Organization are described at its website (www.oc-hiking.com and http://www.meetup.com/OC-HIKING-com/calendar/) and include hiking, backpacking, camping, biking, water activities and other outdoor events organized by the volunteers of Organization, I have read and understand those descriptions. I understand that backpacking, hiking, camping, biking, water activities and all other adventures require significant physical exertion. Participants must be in good general health, free from cardiovascular and respiratory disease, and have good exercise tolerance. I agree to secure my or the minor child's physician's approval before commencing such activities. I further understand that on these Outings there may not be search and rescue, medical facilities or expertise necessary to deal with the medical or other emergencies to which I or the child may be exposed.
InSome domestic trips and events may be conducted by independent contractors whose services will have been obtained by the OC. In such cases the contractor only, and NOT OC, the Organization or OCHC officers, directors, staff and Hike, Apprentice, Event, Assistant Organizers and volunteers who may accompany the participants, is responsible for the conduct of the trip or portion of the trip and a participant must look solely to that contractor for compensation or damages in the event of an injury or other loss. Regardless of the nature of the trip, independent travel, events, and hiking, including before and after the scheduled trip are solely the responsibility of the participant.
Risks: I understand that participation will include a variety of hazards and dangers, foreseen or unforeseen. These hazards and dangers could result in personal injury, illness, emotional distress, property damage, and death. These hazards and dangers may include, but are not limited to, falling, falling objects, drowning, temperature exposure, equipment failure, improper use of equipment, inadequate or improper instruction or assistance, exposure to wild animals including poisonous animals, insects, debris, plants, unpredictable forces of nature, inclement weather, dehydration, unsanitary water. Bow and other hunting may be permitted in certain hiking areas, and hikers are urged to take precautions, including distinctive dress, to reduce the chances of being shot.
COVID-19: An inherent risk of COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By attending an Outing I agree, for myself and for a minor participant for whom I sign, if any, that I, or we, are healthy and free of COVID-19 and to take the California State recommended COVID-19 precautions and maintain a minimum distance of six feet from the nearest person and assume all risk and liabilities related to exposure to COVID-19. I, and not the OC, am solely responsible for determining my, or the minor’s, suitability for participating in OC activities and for managing the risks, including the risks of COVID-19.
The Outings officially begin and end at the location(s) designated by The Organization. The Outings do not include carpooling, transportation, or transit to and from the Outings, and I am personally responsible for all risks associated with this travel. If I decide to leave early and not complete the Outings as planned, or if the organizer has concluded the Outings, and I or the child decide to go forward without the organizer, I understand that I, or the child, do so at my or the child's own risk. The risks described above are inherent in the Outings and cannot be eliminated without destroying the unique character of the Outings. Other risks will be encountered, inherent and otherwise. If I am accompanied by an animal or minor child, I agree to be responsible for the conduct of that animal or child.
The Hike Everywhere/OC Hiking Club, its President and the Board of Directors, reserves the right to revoke the membership of any member, without refund of dues and with or without cause, including for behavior deemed inappropriate or unsafe. Such behavior includes, but is not limited to refusal to follow directions of hike organizers during events; hostile, rude, harassing and other unwelcome or otherwise inappropriate treatment of a fellow member; failure to follow safety guidelines established by the organization; failure to follow club bylaws; and failure to comply with local, state, or federal regulations while engaged in club activities. No guns, knives or other weapons are allowed on hikes.
Assumption of Risks: I, for myself and for the minor participant, if any, ACKNOWLEDGE AND ASSUME the risks of the activity in which I or the child will be participating, whether or not those risks are described above and whether they are inherent or otherwise.
For no additional consideration, I hereby grant to the Organization the unlimited right to obtain, use and
publish all images of me or the minor child for whom I sign below created by the Organization, me, the
child, or others in the course of an activity of the Organization.
Release and Indemnity: To the fullest extent allowed by law, I, for myself and for a minor child for whom I sign below, agree to WAIVE AND RELEASE FROM LIABILITY HIKE EVERYWHERE, INC (Organization), its officers, directors, staff and Hike, Apprentice, Event, and Assistant Organizers, (the "Released Parties") from any and all liability on account of, or in any way relating to, any loss I or the child may suffer, including loss of or damage to property, illness, emotional distress, personal injury and death in any way related to my or the child's enrollment in or participation in an activity of the Organization. I further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties from any claims, damages, injuries or losses either suffered by me or the child or caused by my or the child's conduct while an enrollee or participant in an activity of the Organization. These agreements of release and indemnity include claims related in any way to COVID-19 or other infectious disease, and include the negligence of a released party, but not gross negligence or intentionally wrongful behavior.
Other: For no additional consideration, I hereby grant to the Organization the unlimited right to obtain, use and publish all images of me or the minor child for whom I sign below created by the Organization, me, the child, or others in the course of an activity of the Organization. Any suit brought by or on behalf of a participant or parent must be brought in Orange County, California and will be governed by California law; not including such laws as may apply the laws of another state. Notwithstanding the intent of the parties to renew this Agreement annually, it will remain in effect until revoked or replaced in writing. This Agreement is intended to be as broad and inclusive as is permitted by law and remains in effect until revoked or replaced. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
Copyright © 2006 – Present OC Hiking Club/Hike Everywhere, Inc., All Rights Reserved. Distribution or publication in any form is strictly prohibited.