Assumption Of Risk, Waiver Of Liability And Indemnity Agreement
Terms And Conditions
1. Agreement to Follow Rules: While on the hike, I agree not to consume or transport alcoholic beverages or illegal/controlled substances.
I agree to abide by and comply with all instructions and rules of The Los Angeles Hiking Company, including any decision to limit or terminate the activity due to weather, physical capabilities or skill level of a participant, medical necessities or for any other reason. Furthermore, I understand that it is my responsibility to follow all rules and instructions without being reminded or told to do so, and that any failure on my part to follow these rules may increase the risk of serious injury or death.
No refunds will be given if a participant decides to leave the activity early due to fatigue, inability to handle the terrain or for any other reason, or if a guide determines that a participant lacks the physical capability or skill to participate in some or all of the activity.
2. Acknowledgement of Risks: I acknowledge that the activity of hiking involves certain inherent risks that are associated with hiking (the “Activity”). These risks include but are not limited to the following: (1) exposure to inclement weather, including but not limited to extreme sun, severe or varied wind and temperature, (2) hazards including by not limited to falling rocks and uneven and/or loose terrain, (3) any injury caused by but not limited to collision with other hikers and falling on or from a hiking trail, (4) attack by or encounter with insects, animals and/or wildlife, (5) tour operator error, (6) fatigue, lack of balance and dizziness, any of which may diminish reaction time and ability to perform the Activity safely. I understand that these risks may result in serious injury or death and that no amount of care, caution, instruction or expertise can eliminate this inherent danger.
3. Assumption of Risk: I agree and promise to accept and assume full responsibility for all of the known and unknown risks referenced above, including the risk of serious injury of death. My participation in this Activity is voluntary and I elect to participate in spite of these known and unknown risks.
4. Representation of Fitness: I am physically fit and do not have any medical condition that would limit or inhibit my ability to engage in this Activity. If I have any medical conditions that may affect my abilities, including but not limited to pregnancy, heart conditions, asthma, diabetes or hypoglycemia, I have disclosed my condition with The Los Angeles Hiking Company/Trevor Morrow and have taken all necessary steps to ensure that my condition will not affect my safety or the safety of others during the Activity. Furthermore, I am not under the influence of alcohol or drugs. I am capable of performing this Activity. I agree to cease my participation in this Activity immediately if I feel I am not capable of continuing.
5. Waiver and Release of Liability: In consideration of the risk of injury while participating in the Activity, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge The Los Angeles Hiking Company/Trevor Morrow, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, as well for loss or damage of personal property, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to the Activity.
6. Indemnification: I agree to indemnify and hold harmless The Los Angeles Hiking Company/Trevor Morrow against any and all claims, suits or actions of any kind whatsoever for liability, damages compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If The Los Angeles Hiking Company/Trevor Morrow incurs any of these types of expenses, I agree to reimburse The Los Angeles Hiking Company/Trevor Morrow.
7. Authorization of and Consent to Medical Treatment: I hereby authorize any medical treatment deemed necessary in the event of any injuries while participating in the Activity. The Los Angeles hiking company/Trevor Morrow or its staff can, at my cost, arrange any emergency evacuation service as it or they deem necessary for my health and safety. In the event that I require medical care, I either have appropriate insurance, or, in its absence, agree to be financially responsible for and pay for all costs of rescue, emergency and medical services that may be incurred as a result of such treatment. I agree to provide financial reimbursement for any related costs incurred by The Los Angeles Hiking Company/Trevor Morrow.
8. Governing Law and Severability: I further agree that this Assumption of Risk, Release, Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California and that if any portion thereof is held to be invalid or unenforceable, that the remainder of this agreement shall, notwithstanding continue in full legal force and effect.
9. Promotional Release: I hereby grant The Los Angeles Hiking Company/Trevor Morrow the unrestricted right
and permission to copyright and use of photographic portraits, pictures and video footage of my participation in the Activity, in which I may be included in full or in part. The Los Angeles Hiking Company/Trevor Morrow has the right to reproduce, exhibit, distribute, broadcast, digitalize, edit, or otherwise use the material, by any method and in any media, weather now existing or later created, without restriction throughout the world, by incorporating the materials into its website, brochures, advertising, or promotional materials.
10. Acknowledgment of Understanding: I KNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE The Los Angeles Hiking Company AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST The Los Angeles Hiking Company FOR THE PERSONAL INJURY OR PROPERTY DAMAGE.