In
consideration of the services of GOALS, their agents, owners, officers,
volunteers, participants, employees, and all other persons or entities acting
in any capacity on their behalf (hereinafter collectively referred to as
"GOALS"), I hereby agree to release, indemnify, and discharge GOALS, on behalf
of myself, my spouse, my children, my parents, my heirs, assigns, personal
representatives and estate as follows:
1. I acknowledge that going on a guided river
trip and all other activities related to participation in a GOALS program
entails known and unanticipated risks that could result in physical or
emotional injury, paralysis, death, or damage to myself, to property or to
third parties. I understand that such risks cannot be eliminated without
jeopardizing the essential qualities of the activity.
The risks include, among other things: whitewater rapids and
turbulent water, river currents will be encountered. I can be jolted, jarred,
bounced and shaken about during rides through some of these rapids. It is
possible that I could be injured if I come in contact or collide with storage
containers, boat frames, oars, oarlocks or other fixed equipment necessary to
the operation of the expedition and the outfitting of the raft. Rafts could
capsize or I could be "washed" overboard into the water. I can slip or fall
during a hike, at camp or on a boat, resulting in damage to equipment or personal
injury. Accidents can occur getting on and off the raft. Rafts are slippery
when wet. Exposure to the natural elements can be uncomfortable and/or harmful.
I am aware that this exposure could cause sunburn, dehydration, heat
exhaustion, heat stroke, heat cramps and death. Prolonged exposure to cold
water can result in cold shock or hypothermia and in extreme cases can cause
death and accidental drowning. GOALS is not responsible for the acts of nature,
including but not limited to contact with flora & fauna. Furthermore, the
professional river guides operating GOALS river programs employees have
difficult jobs to perform. They seek safety, but they are not infallible. They
might be unaware of a participant's fitness or abilities. They might misjudge the
weather or environmental conditions. They may give incomplete warnings or
instructions, and the equipment being used might malfunction. In addition,
there are risks involved in traveling to and from the river or other
destinations as well as completing the necessary pre-trip requirements such as
but not limited to community service and fundraising requirements. I expressly
agree and promise to accept and assume all of the risks existing in this
activity. My participation in this activity is purely voluntary, and I elect to
participate regardless of the risks.
1. I hereby voluntarily release, forever
discharge, and agree to indemnify and hold harmless GOALS from any and all
claims, demands, or causes of action, which are in any way connected with my
participation in this activity or my use of GOALS equipment or facilities,
including any such claims which allege
negligent acts or omissions of GOALS.
2. Should GOALS or anyone acting on their behalf,
be required to incur attorney's fees and costs to enforce this agreement, I
agree to indemnify and hold them harmless for all such fees and costs.
3. I certify that I have adequate insurance to
cover any injury or damage I may cause or suffer while participating and I
agree to bear the costs of such injury or damage to myself. I further certify
that I am willing to assume the risk of any medical or physical condition I may
have.
4. I recognize that GOALS is not associated
directly with any school district or other youth organization from which GOALS
groups are assembled. Participation by a
group of youth from a particular school or other youth organization does not
indicate direct involvement or acceptance of liability by such school districts
or youth organization. I hereby agree to
release, indemnify, and discharge such organizations from liability associated
with all risks described within this agreement.
5. I agree that if any portion
of this agreement is found to be void or unenforceable, the remaining portions
shall remain in full force and effect.