ASSUMPTION OF RISK AND RELEASE OF LIABILITY
BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS
This AGREEMENT affects your legal rights. Please read it carefully. This agreement must be signed by you, the participant, whether you are an adult or minor in connection with your participation in any Activities.
You are providing this agreement to Awes.me, Inc. d/b/a Awesome and Eventus Outdoors, LLC DBA Eventus EXP (“Eventus”), Oboz Footwear, and their respective affiliates, and related companies, and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “Released Parties”) in connection with your participation in the Activities. "Activities'' means the activities and services that the Released Parties will be providing, arranging, or organizing on your behalf for the Oboz Trail Hike, including but not limited to, your participation in indoor and outdoor activities, such as a hiking, interaction with other consumers, sampling and trial of demo shoes, any experiences that are planned along the way and travel to and from venue areas using public and/or private transportation and any thief while parking on site. The Activities may specifically include, but are not limited to: transportation to and from the event, transportation while at the event, meals, hiking and any outdoor recreational activities.
ACKNOWLEDGMENT – HEALTH & SAFETY
I understand that the Activities may require physical exertion and it is my responsibility to make sure I am healthy enough to participate. I will use the recommended safety equipment and ask questions if I am unsure about how to properly or safely use equipment.
I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. I represent that I have reviewed any training suggestions provided by the Released Parties to prepare for the Activities. I further represent and warrant that I am physically fit and cognitively and emotionally capable of performing the Activities and that I have not been advised against my participation by a qualified health professional. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities. I acknowledge that I am required to wear approved safety equipment while participating in certain Activities. I agree that I am solely responsible for my proper preparation and safety while participating in Activities. I agree to obey all laws, rules or the road and any written and verbal rules or safety instructions presented to me by the Released Parties.
I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response. I understand that the Released Parties have no responsibility to provide medical care to participants and has made no offer or promise to do so. I authorize the Released Parties to obtain medical care on my behalf and/or to transport me to a medical facility, if necessary. I represent and warrant that I am in good physical health and able to safely participate in the Activities and physically prepared to take on the challenge of any chosen activities. I acknowledge that I should receive a healthcare professional's clearance to participate in the Activities.
ASSUMPTION OF RISKS
I acknowledge that there are numerous risks I may face during my involvement in the Activities including the risks listed herein.
I am aware that the Activities involve many risks, dangers and hazards which may include but are not limited to personal injury and/or death; travel to areas without access to medical facilities or treatment; changing weather conditions; interactions or encounters with wildlife; equipment malfunctions; negligence of other participants or guides; negligence on the part of the Released Parties, including failure to safeguard or protect from the risks or dangers of the Activities; consumption of alcohol; becoming lost or separated from guides or other participants; or the failure to remain within designated areas.
ALCOHOL AND ILLEGAL SUBSTANCES
If I consume alcohol or illegal drugs before or during my involvement in the Activities, I am responsible for any loss, injury, or damage I cause to myself or others.
If I use, consume, or am under the influence of alcohol, illegal drugs, or other mind-altering drugs prior to or while engaging in the Activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by the Released Parties or third parties, and will indemnify the Released Parties from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to be responsible for my own wellbeing and negligence. I further understand and accept the risks of participating in the Activities. I am not relying on any oral or written representations or statements made by the Released Parties about the safety of the Activities other than what is stated in this Waiver. I freely accept and fully assume these risks and the possibility of injury, illness, death or loss resulting from my participation in the Activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
Being fully aware of the risks, conditions and hazards associated with my participation in the Activities, I HEREBY ACKNOWLEDGE that the Released Parties are not in any way responsible for my safety while participating in the Activities and I FURTHER AGREE TO WAIVE, RELEASE AND DISCHARGE for myself, my heirs, executors, administrators, legal representatives, assignees and successors in interest (hereinafter “successors”) for any loss or damage, and any and all claims or demands on account of any property damages or any injury to, or an illness or the death of which I may have or which may hereafter accrue to me as a result of my participation in the Activities (including to any person who may contract COVID-19, or other medical illness, directly or indirectly as a result of my participation in the Activities), against any person or entity identified above, whether such injury or damage was the result of negligence or carelessness on the part of the persons or entities mentioned above, and whether such injury or damage was foreseeable or not, including all such claims regarding the design, condition of any equipment utilized by me in such Activities without regard to whether such equipment is supplied, specified or recommended by such persons or entities identified above.
I further agree to forever HOLD HARMLESS and INDEMNIFY all persons and entities identified above, general specifically from any and all liability for death, personal injury or property damage resulting in any way from my participation in the Activities. I also agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention to fully assume all the risks associated with my participation in the Activities and to release the Released Parties from any and all liabilities to the maximum extent permitted by law.
INDEMNIFICATION
I agree to indemnify the Released Parties from any and all claims made against it based on my actions, omissions, and/or breach of its Terms and Conditions.
WAIVER OF UNKNOWN CLAIMS
I understand and agree that this release extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or related to my participation in the Activities. I hereby waive any rights I may have under any state or federal law limiting the scope of a general release to claims known at the time of executing the release.
GOVERNING LAW
I agree that any dispute concerning, relating, or referring to this agreement or the Activities, shall be governed by the laws of Delaware and exclusively resolved in a court of competent jurisdiction in Delaware. You and the Released Parties agree and acknowledge that any claims must be brought within six months following the completion of the Activities. All claims brought more than six months after the completion of my participation in the Activities are forever waived and cannot be pursued in another forum.
MISCELLANEOUS
I understand that the Released Parties reserve the right to take photographic images or recordings of its Activities, and I hereby agree that Awesome may use any such images or recordings (a) for any and all promotional and/or commercial purposes, and (b) in any medium or format known or developed in the future, without further notice to, consent by, or payment to you. I hereby consent to the use of my name, image, and/or likeness in connection with such photographic image or recording.
I understand, acknowledge and agree that the Released Parties reserve the right to refuse participation or remove from the Activities any participant that it deems, in its sole discretion, incapable of meeting the physical requirements of the Activities, or any participant that disrupts the enjoyment of the Activities by other participants, or who has engaged in unlawful or otherwise unsuitable conduct.
The Released Parties reserve the right to make modifications to the venue and Activities, in its sole discretion, to ensure the safety and enjoyment of its participants or otherwise improve the Activity or respond to changing or unforeseen circumstances or events.
I consent to the release by any third party to the Released Parties and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the Activities.
I understand that the entry fee for the Activities is non-refundable, non-transferable, and non-deferrable.
PERSONAL INFORMATION
I understand that the Released Parties may collect personal information in connection with the Activities. For details about how this information is collected and used, I can refer to the Released Parties’ Privacy Policies.
This document contains the ENTIRE AGREEMENT between the parties and if any term of provision of this agreement is found invalid or unenforceable, the remaining terms and provisions of this agreement shall remain binding and enforceable.
I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO CHECKING CONFIRMING MY AGREEMENT.
By signing below, I represent that I have carefully read and fully understand this Assumption of Risk and Release of Liability and that I have the authority to sign this agreement on behalf of any participant whose legal rights are contemplated under this agreement.
FOR PARTICIPANTS OF MINORITY AGE: I, as a parent or guardian of the below named minor(s), hereby give my permission for my child or ward to participate in the Activities and further agreement, individually and on behalf of my child or ward to the terms of this Assumption of Risk and Release of Liability.
The first (permanent) photograph took 8 hours to make. View from the Window at Le Gras, taken by Joseph Nicéphore Niépce in 1826 or 1827. Because of its lengthy exposure time, the light on buildings appears in multiple directions.