Mountaineering Release 21-22 (MUST BE FILLED OUT BY GUARDIAN AND PARTICIPANT)
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INTRODUCTION:
Please read this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter, “Document”) carefully before signing. The student (referred to in this Document as “participant”) must sign this Document. The student (referred to in this Document as “participant”)must sign this Document. One of the participant's parent/s or legal guardian/s (collectively referred to in this Document as “parent/s”), or both parent/s, if available, must also sign, whether the participant is an adult or minor (minors are those under 18 years of age). In this Document, “we” refers collectively tot he participant and his or her parent/s.In consideration of the services of Teton County School District, #1, a Teton County, Wyoming school district duly organized and existing as a body corporate in the State of Wyoming, under Wyo. Stat. 21-3-101 (and including the various public schools within the district), and its officers, trustees, advisors,employees (including faculty and other staff), agents, representatives, physician advisors, leaders, guides, volunteers (except for, independent contractors and all other persons or entities associated or affiliated with it (individually and collectively referred to in this Document as “TCSD”), we acknowledge and agree as follows:Teton County School District #1, via its various public schools, contracts with individuals or organizations that are independent contractors (not employees or agents of the District or schools) to provide certain services, and to conduct certain activities participant may engage in. The District/schools do not supervise or control these contractors and is not legally liable or responsible for their conduct. The District and/or its schools do not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises. PARENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS:
Participating (whether simply attending, observing or actively participating) in TCSD year around educational, instructional, recreational and/or adventure activities associated with academic programs, curricular or extra-curricular activities or otherwise, includes risks. These activities can take place on or off TCSD premises in Wyoming, in other locations in the United States and/or in foreign countries. Activities may include, but are not limited to: classroom activities; hiking and peak ascents; backpacking; rock climbing or bouldering (indoors or outdoors on artificial surfaces or natural rock); camping; white water rafting, kayaking or other boating; swimming; mountain or road bicycling; running; horseback riding; backcountry, cross-country/nordic or downhill skiing;snowshoeing; ice climbing; ropes or challenge course activities; athletic conditioning including use of weights or weight room activities; physical education classes; open gym access; open climbing gym access; school club and intramural activities; interactive games; engaging in any activity in a manmade or manipulated park/terrain park setting (e.g. biking, snowboarding, kayaking, skateboarding) or on trails or roads; socializing; service learning projects; day ormulti-day field or special trips; home-stays; use of backcountry or frontcountry cabins; use of any equipment, facilities or premises; travel on trams, chairlifts or other means, and/or in airplanes, vans, buses or other vehicles to and from school, trips, activities or otherwise (collectively referred to in this Document as “activities”). These activities may be mandatory or optional, scheduled or unscheduled, supervised or unsupervised, led by TCSD staff, volunteers,contractors or others and include activities undertaken during participant’s free and/or independent time. We acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. Parent/s give permission for their child to participate in all activities and agree to discuss the nature of these activities and risks with their child. TO ACKNOWLEDGE, PLEASE SIGN YOUR FULL LEGAL NAME. *
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
 The following describes some, but not all of those risks:
Risks present in an outdoor or wilderness environment. These risks include travel in high altitude, mountainous or wilderness terrain both on and off trail. Participants’ travel may be subject to storms, including lightning, strong winds, rain or snow; fast moving rivers or other water bodies; difficult stream crossings; currents, waves or whitewater; flash floods; falling or unstable rocks; extremely hot (geothermal) or cold weather or water; ice; avalanches; falling or fallen timber; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; wild animals and other natural or manmade hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is unpredictable year around.Risks involved in judgment and decision making. These risks include the risk that the participant or a co-participant, TCSD staff member, contractor,volunteer or other person may misjudge the participant’s (or others) capabilities, health or physical condition, or misjudge some aspect of instruction, medical treatment, weather, terrain, water conditions or water level, or route location.Personal health and participation risks. The risk that participant’s mental, physical or emotional condition (including use or abuse of prescription or nonprescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. Although TCSD personnel will review participant’s submitted health information, TCSD cannot anticipate or eliminate risks or complications posed by participant’s mental, physical (including fitness level) or emotional condition.Risks in any competitive and/or athletic activity. Participating in, training or conditioning for, and/or practicing and competing in climbing, running, skiing,snowboarding, bicycling, kayaking or other activities (including “extreme” variations of these activities) can involve frequent and repetitive use of the arms and legs, lifting or carrying weight, balancing, coordination, aerial maneuvers, fitness and endurance, extreme tests of a participant’s judgment, decision making and conduct and pushing the limits of the participant’s speed and abilities. These risks include the risk that participants may overestimate their abilities or fitness; be inattentive; lose control and trip or fall and/or collide with, for example, others, a vehicle, the ground, rocks or trees or encounter other Page 2 of 3 – Please read all pages carefully and sign on page 3!water/terrain/road/trail hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven or difficult terrain; not control their speed or experience equipment malfunction.Service learning project risks. Participating in service learning projects can include risks associated with activities such as building, digging, lifting,painting, construction, trail repair and maintenance and clean-up projects. Projects may include the use of tools and equipment (i.e. saws, power tools,axes, ladders) that can cause injury resulting from use, misuse or malfunction.Risks connected with geographic location. Activities may take place in remote places, several hours from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Although TCSD staff, contractors or others may have wireless communication devices (including cell or SAT phones) while conducting programs both on and off TCSD grounds, use of these devices in outdoor, mountainous and/or wilderness terrain or in other locations is unreliable and inconsistent.Risks associated with travel in the U.S. Travel can involve unique risks, such as contact with unusual diseases, exposure to contaminated food or water,dangerous road or travel conditions, vehicular accidents and other risks.Risks associated with premises. TCSD may have sports equipment, recreational structures, slippery walkways, ruts, uneven ground or other conditions that exist in and around the TCSD premises.Risks regarding conduct. The potential that participant, co-participants or third parties may act carelessly or recklessly.Equipment risks. The risk that equipment used in an activity may be difficult to use, misused, or may break, fail or malfunction. This includes participant’s personal equipment, TCSD equipment or any other equipment (whether purchased, borrowed or rented). Participants choosing to bring and use their personal equipment (including any safety gear) assume full responsibility, along with their parent/s, for choosing appropriate equipment and for the fit and condition of their equipment. If participant is using safety gear, such gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.Cooking and camping risks. Risks include gas explosion, scalding or other burns associated with tending, being near, or cooking over a gas stove or openfire, and water contamination in natural water sources. Camp sites may be subject to high winds, falling trees and/or branches, floods, wild animal invasion,and other hazards. All water may be contaminated and should be disinfected, filtered or boiled before use.Firearms risks. Risks associated with travel in areas where firearms are allowed, including the risk of being shot or struck by accidental discharge or malfunction of a firearm.Free time risks. Participants will have free and/or independent unsupervised time before, during and after the start of activities and at various other times.Unsupervised time may include free or independent time alone or with others, including independent student travel in wilderness or urban areas.Participants will not be directly supervised or watched during nighttime sleeping hours, on any overnight trips, whether in a dorm, homestay, hotel or other accommodation. During both supervised and unsupervised activities, all participants share in the responsibility for their own well-being and – if they are with a group - for the well-being of the group.Other risks that are generally associated with educational, instructional, adventure and/or recreation activities.These and other risks may result in participants: falling partway or falling to the ground; being struck; colliding with or impacting objects, people, the rockface or the bottom of a river or other water body; experiencing vehicle or boat collision, capsize or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite or heat exhaustion/stroke), dehydration, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, infections, cuts or wounds or other injury, damage, death or loss.  TO ACKNOWLEDGE, PLEASE SIGN YOUR FULL LEGAL NAME. *
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
We agree:
 To review all TCSD information received, complete all required forms, and abide by the terms of those documents and all rules and other policies;• TCSD representatives are, and have been available should we have further questions about the activities or associated risks;• to disclose to TCSD representatives any mental, physical or emotional condition/s or limitation/s which might affect participant’s ability to participate, and represent that participant is fully capable of participating without causing harm to himself/herself or others;• the information provided above is not exhaustive, other unknown or unanticipated activities, risks, and outcomes may exist, and TCSD cannot assure participant’s safety or eliminate any of these risks;• Participant is voluntarily participating with knowledge of the risks. Therefore, participant and his/her parent/s assume and accept full responsibility for participant, for the inherent and other risks (both known and unknown) of these activities and for any injury, damage, death or other loss suffered by participant (and his/her parent/s), resulting from those risks, including the risk of participant’s own negligence or other misconduct.  TO ACKNOWLEDGE, PLEASE SIGN YOUR FULL LEGAL NAME.
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
RELEASE AND INDEMNITY AGREEMENT:
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, including those who may turn 18 yrs. old in the year they sign this Document, and/or parent/s for themselves and for and on behalf of their participating minor child), agree as follows:1) to release and agree not to sue TCSD, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (here after collectively “claim” or “claim/s”) for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against TCSD,bind my/my child’s estate and any family member/heir/other party bringing claim/s, and agree that neither I, my child nor anyone acting on my ormy child's behalf, will make a claim against TCSD as a result of any injury, damage, death or other loss suffered by me or my child;2) to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) TCSD with respect to any and all claim/s brought by or on behalf of me, my participating child, spouse or other family member/s, my/my child’s heir/s or estate, a co-participant or any other person for any injury, damage, Page 3 of 3 – Please read all pages carefully and sign on page 3!death or other loss to the extent caused by my/my child’s conduct in the course of participating in these activities, including use of any equipment, facilities or premises.This Release and Indemnity Agreement includes claim/s of or resulting from TCSD’s negligence (but not its willful and wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response,assessment or treatment), property damage, loss of consortium, breach of contract or any other claim. TO ACKNOWLEDGE, PLEASE SIGN YOUR FULL LEGAL NAME. *
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
OTHER PROVISIONS: We agree
Wyoming substantive law (without regard to its “conflict of laws” rules) governs this Document, any dispute we have with TCSD and all other aspects of our respective relationships with TCSD, and agree that any mediation, suit or other proceeding must be filed or entered into only in Teton County, Wyoming.We agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Wyoming mediator;• This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.This Document is effective in regard to participant’s enrollment or participation in all activities from the date signed until a subsequent TCSD Acknowledgment and Assumption of Risks & Release and Indemnity Agreement For All Students and Their Parent/s is signed by the participant and one or both of his or her parent/s, and shall l remain in full force and effect for all activities completed by participant up until that point.Participant and parent/s each agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and parent’s/participant’s other family members, heirs,executors, representatives, subrogors and estate. Participant and one parent, or both parent/s, if available, must sign below. TO ACKNOWLEDGE, PLEASE SIGN YOUR FULL LEGAL NAME. *
STUDENT TO ACKNOWLEDGE ABOVE, PLEASE SIGN YOUR FULL LEGAL NAME. *
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