Small Cliffs Guiding Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement,
IMPORTANT: THIS Is a LEGAL DOCUMENT – A RELEASE of LIABILITY
Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights by signing this contract.
Small Cliffs Guiding LLC, its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors (hereinafter Small Cliffs) have done everything possible to ensure that you have a rewarding experience. We wish to inform our Clients that Mountain Climbing, Rock Climbing, Ice Climbing and Backcountry Skiing, Backpacking, Camping, Hiking, Winter activities and other outdoor adventure activities, or rope rescue training, (hereinafter Activity) are not risk free. The same elements that contribute to the unique character and fun of the Activity and all Winter Activities such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as these Activities. Some of these risks are inherent to the activity; some are changed, increased or decreased due to the activities of Small Cliffs. You must understand and accept all the risks of the activity, inherent and others.
You will be living, camping, and traveling out of doors, where you are subject to numerous risks, environmental and otherwise. Activities vary from trip to trip and include hiking, backpacking, camping, rock climbing, mountaineering and other roped and un-roped activities. Meals may be prepared over stoves, and sometimes open fires; water often requires disinfecting before use. Camping hazards may include burns, cuts, diarrhea and flu-like illness or viruses, and falling rock and timber.
Travel is by vehicle and on foot. Travel by foot is over rugged unpredictable trail and off-trail terrain, including boulder fields, downed timber, river crossings, high mountain passes, snow and ice, steep slopes, and slippery rocks. Attendant risks include collision, falling; drowning and others usually associated with such travel, as well as environmental risks.
Environmental risks include rapidly moving, deep or cold water, insects, snakes, and predators, including large animals; falling and rolling rock: lightning, avalanches, flash floods, and unpredictable forces of nature, including weather, which may change to extreme conditions without notice. Additional risks are frostbite, high-altitude illness, sunburn, heatstroke, dehydration, viruses, insect borne illness, airborne illnesses, infectious diseases, dermatitis, and other mild or serious conditions.
Decisions are made by the instructors/guides and participants in a wilderness setting, based on a variety of perceptions and evaluations which by their nature are imprecise and subject to error. Participants may have free and unsupervised time. Throughout the trip, participants are responsible for their own safety and for the safety of other members of their group.
Rock climbing, indoors or outdoors, like all outdoor recreation activities, is hazardous. The obvious accidents that occur in rock climbing are falling while climbing. Whenever you fall you may fall only a few feet or all the way to the ground. As you fall you may hit objects or the rocks in your path. If the rope breaks your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height. In addition to the hazards of falling, objects falling from the rock may hit you. Rocks, branches, climbing equipment, holds and even people may fall and hit you as you are standing at the base or while climbing. You will experience cuts from holding on to the rock. You may also experience rope burns from handling the rope.
Equipment may fail. Climbing and Mountaineering equipment is tested before use, however, the extreme conditions of the environment in which climbing equipment is used in conjunction with the damages caused by the rock can cause climbing equipment to fail. The rock may break to which you are holding or to which you have placed protection causing you to fall or causing your protection to pull out from the rock. As you climb you may pull out protection from the rock.
You may experience Ice Climbing or moving across snowfields on your trip. Ice Climbing is a technical activity involving the use of ice axes and crampons. Ice axes must be used properly to be effective and to prevent injury to you or other people. Crampons have sharp points on the bottom and front of the boot. These points are dangerous to you and other people. Make sure you understand how to walk in crampons before doing so.
Ice Climbing involves cold, water and ice on the vertical. Moving on vertical ice requires some strength and skill. Ice is constantly falling and can cause injury if you are hit by it. Other objects that fall due to thawing or knocked down by the ice may also hit you.
Avalanches are also a constant threat in the mountains. An avalanche is snow that has released from the mountain and is moving down the mountainside. If you are trapped in an avalanche, you can be injured by the avalanche or trapped in the avalanche, which may kill you.
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Glacier travel is always dangerous. Crossing crevasses or walking over snow bridges covering a crevasse can always lead to a fall. Falling into a crevasse can cause injuries due to the fall or objects hitting you during and after your fall. You may also be injured while stopping at the bottom or wedging into the sides. Once in a crevasse, you will be subject to cold and hypothermia.
Another aspect of glacier travel you need to be aware of is the danger from seracs, or falling ice and snow. Many times while crossing glaciers or hiking in the mountains, you will be in an area where seracs or ice can fall injuring or killing you.
You will trek at altitudes, which you will not be accustomed to. You might be hiking to at least 15,000 feet (4600 meters) above sea level. Altitude sickness is the term used to describe the effect on a human body at altitudes higher than a person is accustomed to. Altitude sickness is usually associated with nausea, headaches and a loss of appetite. If this occurs, you need to contact your guides immediately.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. Traveling to and from the Activity is incidental to the Activity. Accidents can occur during travel to and from the activity site.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in any of the Activity described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
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You certify that you have reviewed this document with your family. You certify that you have examined the Small Cliffs website and looked at the information, risks and any videos posted on the company website. You certify that your family, including minor children and yourself, are fully capable of participating in the Activity, training or program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Small Cliffs. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Small Cliffs reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Activity. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent, you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
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CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
You waive any legal right to any claim and agree to indemnify and hold harmless Small Cliffs, its agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. You agree that Small Cliffs has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Small Cliffs, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Small Cliffs, negligence of another participant, or your family, yourself, or your heirs, against Small Cliff arising out of participation in this program. This agreement covers the incidental transportation to and from the location. In short, you cannot sue Small Cliffs, any of its successors or assigns, or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse Small Cliffs for any damages, costs, fees or expenses Small Cliffs expends on you or your family's behalf, including the cost of any Search and Rescue or for any damages you may do to third parties. You understand this means you are the insurer for the Small Cliffs for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be New Haven County Connecticut and governed by Connecticut law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in New Haven County Connecticut applying Connecticut Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue.
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The terms of this agreement shall continue and be, in effect, after the Activity has ended. No changes in this document are valid.
As liquidated damages, you hereby agree that if Small Cliffs is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Small Cliff’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Small Cliffs for any claim you may bring for any injury you receive, and if you do so, you will be subject to paying Small Cliff’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot participate in the Activity, and you are free to go to participate with other companies.
You have adequate health, disability, and life insurance for your family and yourself.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the release of any medical information, including information concerning your HIV or “Aids” status, in the possession of Small Cliffs to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against Small Cliffs or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information, including your HIV or “Aids” status.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand and agree under State and Federal law; there is no difference between signing this electronically or in writing.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights.
By signing this you understand you cannot sue for any reason. If you do sue you cannot collect any money. If you sue and lose you will owe us money.
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You understand under Connecticut law this release is effective in preventing claims or litigation for injuries your child may receive.
[__] By checking this box, you indicate that your family and you have previous Mountain Climbing, Rock Climbing, Ice Climbing, Backcountry Skiing, Backpacking, Camping, Hiking, Winter activities or other outdoor adventure activities, rope rescue training, or are entering into such activities willingly and having done prior research into such.
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PARTICIPANT or PARENT/GUARDIAN SIGNATURE ADDRESS
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PRINTED NAME , CITY, STATE POSTAL CODE
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EMAIL ADDRESS TELEPHONE DATE
Printed Names of Minor Children Parent or Guardian is Signing for:
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