INDIVIDUAL RELEASE & HOLD-HARMLESS AGREEMENT* I. Introduction
Adventure-based activities are exciting, challenging and physically demanding. Our instructors and guides have a demanding job. They are experienced and trained to mitigate dangers and always put your safety first but they are not infallible. There are many uncertainties such as, but not limited to, to the following: participant’s fitness or abilities, misjudgments regarding the weather or other environmental conditions, providing incomplete warnings or instructions, and/or the equipment being used might malfunction. By agreeing to the following terms, you acknowledge the inherent dangerous activity and release Northeast Mountaineering, LLC and all of its agents from liability for any mishaps.
II. Acknowledgment of Inherent Risks While the staff at Northeast Mountaineering aim to provide me with a safe and enjoyable experience, I realize that there is a certain degree of personal injury risk inherent in these adventurous activities when I participate. Although I will be instructed in safe practices in these activities, there are additional and unpredictable hazards relating to outdoor adventure-based activities that cannot be anticipated, which include but are not limited to, falling rocks, avalanches, varying weather conditions, and dangerous terrain which may result in but not limited to twisting an ankle, breaking a bone, sustaining a head or neck injury or other serious physical injury, or possibly death.
III. Assumption of Risk and My Responsibility
Knowing the physical risks inherent in these activities, I understand that I must assume responsibility for my own safety and the safety of other group members. This responsibility requires that I obey all rules and guidelines at all times and ask questions if I do not understand instructions given by guides. Further, I agree to pay attention to the condition of the equipment I may use (including but not limited to ropes, anchors, climbing equipment) and immediately report to a guide any perceived defect in the equipment.
IV. Release and Hold-Harmless In consideration of the services and equipment provided to me, I, for myself and/or any minor child for which I am a parent or legal guardian or otherwise responsible, do hereby release, hold-harmless and waive all claims associated with the activities to which I will engage. I release Northeast Mountaineering, its members, directors, agents, assigns, employees and volunteers from any and all liability, personal injury or property claim for myself, my heirs, personal representatives or assigns.
V. Authorization
I hereby authorize any medical treatment deemed necessary in the event of an injury while participating in any Northeast Mountaineering activity. I agree that any film or photographs of myself as a participant may become the property of Northeast Mountaineering and may be used for promotional purposes. Although mountaineering is largely an individual adventure, it only takes one individual to put the entire group in danger. Northeast Mountaineering guides retain the right to deem a participant unfit or unprepared for their course or climb upon arrival, thus not allowing them to continue on. NEM guides also retain the right to turn a participant around at any point should they determine that individual is a hazard to themselves or the group. In order to keep all participants safe guide decisions are final and are nonnegotiable. Mountain conditions change rapidly and reaching the summit is never guaranteed. Plans are subject to change due to weather and route conditions.
All Information is complete and accurate to the best of my knowledge.