Participant Agreement
MOISHE HOUSE | EXPEDITION NAI
PARTICIPANT AGREEMENT, RELEASE AND ACKNOLEDGEMENT OF RISK FORM
THIS IS A LEGAL DOCUMENT
[PLEASE READ AND UNDERSTAND]
I, THE UNDERSIGNED PARTICIPANT (THE “PARTICIPANT”), HEREBY ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EXPEDITION NAI EXPERIENCE SET FORTH HEREIN BELOW (THE “EVENT”) AND THAT I AM AWARE AND FULLY UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE CERTAIN KNOWN RISKS AND UNKNOWN OR UNANTICIPATED RISKS, DANGERS AND HAZARDS THAT ARE INHERENT IN THE ACTIVITIES IN WHICH I AM ABOUT TO ENGAGE VOLUNTARILY AS A PARTICIPANT. I UNDERSTAND THAT PARTICIPATION IN THE EVENT INVOLVES POTENTIAL RISK OF INJURY, DEATH, PAIN, SUFFERING, PHYSICAL OR MENTAL ILLNESS, ANGUISH OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO ME, MY PROPERTY OR TO THIRD PARTIES. SUCH RISKS INCLUDE, WITHOUT LIMITATION, UNEVEN TERRAIN, STANDING AND MOVING WATER, FORESTED AND OTHER AREAS THAT MAY RESULT IN WILDLIFE ENCOUNTERS INCLUDING MAMMALS, REPTILES AND INSECTS THAT COULD RESULT IN INFECTIONS AND VARIOUS INSECT-TRANSMITTED DISEASES. I KNOW THAT I SHOULD NOT PARTICIPATE IN THE EVENT IN ANY MANNER UNLESS I AM MEDICALLY AND PHYSICALLY ABLE.
KNOWING AND APPRECIATING SUCH RISKS, I, FOR MYSELF AND MY RESPECTIVE HEIRS AND ASSIGNS, HEREBY VOLUNTARILY CONSENT TO AND ASSUME ALL SUCH RISKS AND HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS AND INDEMNIFY MOISHE HOUSE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE EVENT, INCLUDING SPECIFICALLY BUT NOT LIMITED TO ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE NEGLIGENT ACTS OR OMISSIONS OF ANY PERSON OR ENTITY, FOR ANY AND ALL INJURY, DEATH, ILLNESS OR DISEASE, AND DAMAGE TO ME OR TO MY PROPERTY OR DAMAGE TO OTHERS OR OTHERS’ PROPERTY. IN PARTICULAR, I ASSUME ALL RISKS ASSOCIATED WITH TRAVEL, TRANSPORTATION, ACCOMMODATIONS AND ALL OTHER SUPPORT SERVICES PROVIDED IN CONNECTION WITH MY PARTICIPATION, ALL SUCH RISKS BEING KNOWN AND APPRECIATED BY ME. I ASSUME THE COMPLETE AND SOLE RESPONSIBILITY FOR DETERMINING AND ASSESSING ANY AND ALL RISKS THAT MAY BE INVOLVED IN MY PARTICIPATION IN THE EVENT NOTWITHSTANDING ANY INFORMATION, GUIDANCE OR ASSISTANCE THAT THE RELEASEES IN GOOD FAITH MAY OR MAY NOT HAVE GIVEN ME. IN SIGNING THIS RELEASE, I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN THE EVENT, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASEES. I HEREBY AGREE THAT I WILL NOT SUE ANY OF THE RELEASEES FOR ANY DAMAGE, INJURY OR LOSS ON MY OWN BEHALF, WHETHER CAUSED BY NEGLIGENCE OR NOT, IN ANY WAY RELATED TO THE EVENT. SHOULD IT BECOME NECESSARY FOR ANY OF THE RELEASEES TO INCUR ATTORNEYS’ FEES AND COSTS TO ENFORCE THIS AGREEMENT OR ANY PORTION THEREOF, I AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES THEREBY EXPENDED, OR FOR WHICH LIABILITY IS INCURRED. BY VOLUNTARILY PARTICIPATING IN THE EVENT, I ACKNOWLEDGE THAT I HAVE EQUAL BARGAINING POWER WITH THE RELEASEES WITH RESPECT TO THIS RELEASE.
I CERTIFY THAT EITHER (A) I HAVE SUFFICIENT HEALTH, ACCIDENT AND LIABILITY INSURANCE TO COVER ANY BODILY INJURY OR PROPERTY DAMAGE I MAY INCUR AND TO COVER BODILY INJURY OR PROPERTY DAMAGE CAUSED TO A THIRD PARTY AS A RESULT OF MY PARTICIPATION IN THE EVENT OR (B) IF I HAVE NO SUCH INSURANCE, I CERTIFY I AM CAPABLE OF PERSONALLY PAYING FOR ANY AND ALL SUCH EXPENSES AND LIABILITY.
I GIVE PERMISSION FOR THE FREE AND UNRESTRICTED USE, WITHOUT RECOURSE, COMPENSATION OR APPROVAL, OF MY NAME AND PHOTOGRAPHS/FILM/VIDEOTAPES/ELECTRONIC REPRESENTATIONS AND/OR SOUND RECORDINGS OF ME AS A PARTICIPANT IN THE EVENT FOR ALL PURPOSES, INCLUDING, WITHOUT LIMITATION, PROMOTIONS, PUBLICITY, SOUVENIRS, POSTERS, BROCHURES AND OTHER MATERIALS. THIS RELEASE SHALL BE GOVERNED BY THE INTERNAL LAWS AND JUDICIAL DECISIONS OF THE STATE OF NORTH CAROLINA, U.S.A., WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES, AND ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS RELEASE SHALL BE LITIGATED IN THE COURTS OF MECKLENBURG COUNTY IN THE STATE OF NORTH CAROLINA, U.S.A.
I AGREE TO ABIDE BY ALL POLICIES, INCLUDING THE TERMS AND CONDITIONS OF ENROLLMENT, ASSOCIATED WITH THE EVENT. I ACKNOWLEDGE THAT I AM FAMILIAR WITH THESE POLICIES AND WILL OBEY THEM.
MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE RELEASE, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ITS TERMS.