In consideration of the risk of injury while participating in trail usage [hiking/biking], [the ”Activity”], and as a 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 waive all rights, claims or causes of action of any kind whatsoever arising from and/or out of my participation in the Activity, and do hereby release and forever discharge Westark Area Council BSA, located at 1401 Old Greenwood Road, Fort Smith, Arkansas, 72901, its employees, affiliates, board members, members, staff, attorneys, charter organizations, volunteers, representatives, predecessors, successors, and assigns, for any physical or psychological injury including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THIS AFOREMENTIONED ACTIVITY AND AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND EXPENSE. I AM AWARE OF THE RISK INVOLVED TRAVELING TO AND FROM SAID ACTIVITY, AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT NOT BE LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND/OR DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHER’S NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND DISCHARGE WESTARK AREA COUNCIL BSA AND ALL OF ITS AFFILIATES SPOKEN ABOVE.  I AGREE TO GIVE UP ANY RIGHT TO BRING LEGAL ACTION AGAINST WESTARK AREA COUNCIL BSA FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE.

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