ANNUAL PARTICIPANT AGREEMENT
(Including assumption of risks and agreements of release and indemnity)
Please read this agreement carefully.
It 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., including the Orange County (or OC) Hiking Club and the OC Hiking Club for Kids &
Family ("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. is an
informal meet-up organization in which hikers, backpackers and others join together to participate in adventure,
including urban, events called Outings. The Organization's officers, directors, staff and Hike, Apprentice,
Event, and Assistant Organizers (who may actually convene the participants for the Outings) include 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 and Risks:
The activities of The Organization are described at its website
(www.oc-hiking.com and
http://www.meetup.com/OC-HIKING-com/calendar/
and http://www.meetup.com/Orange-County-Hiking-Club-Kids-and-Family/#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.
International and possibly some domestic trips and events will be conducted by independent contractors whose
services will have been obtained by the Organization. In such cases the contractor only, and NOT 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.
I understand that participation will include a variety of hazards and dangers, foreseen or unforeseen.
These hazards and dangers could result in personal injury, property damage, and death ("Injuries and Damages").
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 food or hydration.
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.
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.
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, 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 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 © 2006–2013 OC Hiking Club/Hike Everywhere, Inc., All rights reserved.
Distribution or publication of any of this site's content in any form without prior written permission of
the Organization is expressly forbidden.
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