For Adult Participant or the Parent or Legal Guardian of a Minor Participant

Please read this entire Acknowledgment and Assumption of Risks Agreement (hereafter, "Document") carefully before signing.

The adult participant must sign this Document. A parent or legal guardian (hereafter collectively "parent") must also sign if participant is a minor (minors are those under 18 years of age in Utah; hereafter sometimes "minor" or "child"). In consideration of the services of Arcadia Guided Outdoor Education, a Utah Low-profit Limited Liability Company, and its members, directors, employees, agents, representatives, and volunteers, including its medical consultants and all other persons or entities affiliated with it (individually and collectively referred to in this Document as "AGO"), in allowing participant to participate, I (adult participant or parent of a minor participant) acknowledge and agree as follows:

ACTIVITIES, RISKS AND ACKNOWLEDGMENT, AND ASSUMPTION OF RISKS
Participating (whether simply attending, observing, or actively participating) in AGO educational, instructional, adventure and/or recreation activities in Utah and in other locations in the U.S. includes risks. Activities (which may be provided or led by AGO staff, contractors or others) include, but are not limited to: hiking, backpacking, camping, rock climbing, or mountaineering (including top-roping, belaying, rappelling, and use of ropes, harnesses and/or other technical gear); orienteering; bathing or swimming in lakes or rivers; river or stream crossings; leadership and wilderness first aid skills including rescue scenarios (real or simulated); Leave No Trace Trainer training; interactive physical problem-solving initiatives; games and other sporting activities; sightseeing and/or travel in urban, rural and/or remote areas; socializing; work and other service projects; outdoor cooking or other chores; campsites, or other accommodations; use of any equipment, facilities or premises; and travel (for example) in airplanes, cars, vans, buses, and/or other vehicles, or foot or by other means (collectively referred to in this Document as "activities"). These activities may be mandatory or optional, scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards, and dangers (sometimes collectively referred to in this Document as "risks") of these activities can cause injury, damage, death or other loss to participant or others. The parent/legal guardian of a minor gives permission for their child to participate in all activities and agrees to discuss the nature of these activities and risks with their child. The following describes some, but not all of the inherent risks:

Risks present in an outdoor environment. These risks include travel in high altitude (up to 13,000 feet or higher), mountainous, wilderness, or desert terrain both on and off trail, and on land or water. Participants’ travel may be subject to storms, including rain, lightning, snow, or ice; currents, waves, or whitewater; extremely hot, humid or cold weather or water, and rapid and unpredictable weather changes; flash floods; mud or rock slides; rock fall; fast moving rivers or other water bodies, including river crossings in such conditions; falling or slippery rocks; boulder fields; falling or fallen timber; avalanches; stinging, venomous, and/or disease carrying animals, insects or microorganisms; poisonous plants; wild or domestic animals; and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible, and weather is unpredictable year-round.

Risks involved in judgment and decision making. AGO staff, contractors, or others, including participants, must make various judgments and decisions in a variety of environments that are, by their nature, imprecise and subject to error. These risks include the risk that the participant or a co-participant, AGO staff member, contractor, or other person may misjudge the participant’s (or others) capabilities, health, or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions or water level or route location.

Personal health and participation risks. The participant’s mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in these activities includes risks. Although AGO personnel will review participant’s submitted health and medical information, AGO cannot anticipate or eliminate risks or complications posed by participant’s mental, physical (including fitness level), or emotional condition.

Risks associated with any outdoor or athletic activity. These risks include the risk that a participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, rocks or trees or encounter other water/terrain/road/trail hazards; not understand the functioning of (or misuse) the equipment; fail to negotiate steep, uneven or difficult terrain; not control his or her speed when traveling or experience equipment malfunction.

Risks connected with geographic location. Activities may take place in remote locations, several hours or days from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Although AGO staff or contractors may have access to wireless communication devices (including cell or satellite communicators), use of these communication devices (whether inside or outside the U.S.) in outdoor, mountainous, or wilderness terrain and/or in any other terrain or location is unreliable and inconsistent.

Equipment risks. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. This includes participant’s personal equipment, AGO equipment, or 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/legal guardian, for choosing appropriate equipment and for the fit and condition of their equipment. AGO and/or its contractor/s may require use of helmets or other safety gear for some activities. Safety 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.

Work or other service project risks. Participating in work or other service projects includes risks associated with activities such as (but not limited to) trail work, building, digging, lifting, and clean-up projects. Projects can include the use of tools and equipment (e.g. ladders, shovels, hammers, power equipment) that can cause injury resulting from use, misuse, or malfunction.

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.

Risks associated with cooking, camping and outdoor travel. While camping or traveling, participants may cook over a gas or propane stove and are subject to the risk of gas explosion, scalding, or other burns. Contaminated water in natural water sources is always a risk, and water should be disinfected, filtered, or boiled before use. Camp sites may be subject to falling trees and/or branches, floods, wildlife disturbances, and other hazards.

Free time risks. Participants will have free or unsupervised time including during visits to urban areas before, during, or after activities, and at other times. Unsupervised time may include periods of time in the field where participants are stationary and alone, possibly overnight, as well as independent student travel (travel apart from staff oversight). Participants will not be supervised or watched during nighttime sleeping hours. During both supervised and unsupervised activities, all participants share in the responsibility for their own well-being.

Risks regarding conduct. The potential that the participant, or other participants or third parties may act carelessly or recklessly.

These inherent risks – and any other risks, may result in participants: falling partway or falling to the ground or into the water; being struck; colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle/boat collision, capsize or rollover; reacting to high altitudes, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications, 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 and/or submersion, frostbite, or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness (e.g. high altitude pulmonary or cerebral edema), heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, infections, cuts, wounds or other injury, damage, death or loss.

I (participant and parent of a minor participant) further acknowledge and agree:
to review all AGO information received, complete and sign all required forms, abide by the terms of those documents, including the Terms of Agreement, and obey all AGO rules and other policies, including those contained in the Pre-Trip Planning Packet;

AGO representatives are available should I have further questions about these activities or the associated risks;
to disclose 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 him/herself or others; the information provided above is not complete: other unknown or unanticipated activities, inherent and other risks and outcomes may exist, and AGO cannot assure participant's safety or eliminate any of these risks;

if participant is borrowing, renting, or purchasing new or used equipment from AGO, the equipment comes “AS-IS," and AGO disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) with regard to the equipment; AGO contracts with organizations that are independent contractors or volunteers (not its employees or agents) to provide or conduct some the services and activities participants will engage in. AGO does not supervise or control these contractors or volunteers and is not legally liable or responsible for their conduct; Participant is voluntarily participating with knowledge of the risks. Therefore, participant (or parent/legal guardian of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of these activities, and for any injury, damage, death, or other loss suffered by participant (and parent) resulting from those risks, including the risk of participant’s own or other misconduct.

OTHER PROVISIONS
I (participant or parent/legal guardian of a minor participant) agree:
the substantive law of Utah (without regard to its "conflict of laws" rules) governs this Document, any dispute I or my child have with AGO, and all other aspects of my or my child’s relationship with AGO, contractual or otherwise, and agree that any mediation, suit, or other proceeding must be filed or entered into only in a place of business or state or federal court in Ogden or Weber County, Utah. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Utah mediator;
AGO staff reserve the right to dismiss any participant from a course whom staff believe, in their sole discretion, presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to a course. If participant is dismissed or departs for any reason, participant (and his/her family) are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. These costs include, but are not limited to: evacuation, medical treatment, plane, or other transportation, meals & lodging, and compensation and expenses for staff accompanying participant;
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 enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.

Participant or parent/legal guardian of a minor participant 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, suborders, and estate. The participant must sign below. If participant is a minor (those under 18 yrs. of age in Utah), a parent or legal guardian must also sign below.

I understand that my signature is valid and legally binding whether I choose to electronically sign, or sign a printable version of this Document.