RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (checking "yes" for this questions represents your signature) *
In consideration of participating in Woods and Wetlands, I hereby agree to release and discharge from liability Tahlia Hoogerland and land-owners, volunteers and participants (hereinafter referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: I acknowledge that Woods and Wetlands activities involve unlikely but unknown and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, injury as a result of accidental falls or damage to clothing such as stains or rips. I understand such risks simply cannot be eliminated, despite proper supervision and safety precautions, without jeopardizing the essential qualities of the activity.I expressly accept and assume for my child all of the risks inherent in this activity. My child’s participation in this activity is purely voluntary and I elect for him or her to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that my child is unable to participate due to physical or medical conditions, then I will immediately discontinue his or her participation.I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my child’s participation in this activity. This release does not apply to claims arising from intentional conduct. Should Releasees 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.I represent that I have adequate insurance to cover any injury or damage my child may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that my child has no medical or physical condition which could interfere with his or her safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.In the event that I file a lawsuit, I agree to do so solely in the state where the Releasees activities are located, and I further agree that the substantive law of that state shall apply.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.By signing this document, I agree that if my child is hurt or property damaged during his or her participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.