RELEASE OF LIABILITY AND ASSUMPTION OF RISK
IN CONSIDERATION OF THE SERVICES OF THE INTERNATIONAL PALM SOCIETY, THEIR AGENTS, OWNERS, OFFICERS, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON THEIR BEHALF (HEREINAFTER COLLECTIVELY REFERRED TO AS (“IPS”), I HEREBY AGREE TO RELEASE, INDEMNIFY, AND DISCHARGE IPS, ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE AS FOLLOWS:
- I acknowledge that excursions and trips planned or sponsored by IPS or offered to me through IPS or in connection with IPS events (“IPS Tours”) entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of IPS Tours.
The risks include, but are not limited to: hazards of traveling in estuaries and swamps; travel in remote areas; accident, illness, or disease in remote places without medical facilities; the forces of nature; travel by air, boat, automobile, or other means of transportation; tidal conditions and currents; exposure to sun, strong winds, heat, cold, storms and lightening; personal injuries; slips and falls while hiking; and rapidly changing adverse weather conditions.
Furthermore, IPS trip leaders, travel guides, and organizers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness level or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used during IPS Tours might malfunction.
- I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN IPS TOURS IN WHICH I HAVE ELECTED TO PARTICIPATE. MY PARTICIPATION IN IPS TOURS IS PURELY VOLUNTARY, AND I ELECT TO PARTICIPATE IN SPITE OF THE KNOWN OR UNKNOWN RISKS.
- I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS IPS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, INJURIES, LIABILITIES, ACTIONS, CAUSES OF ACTION, DEMANDS, JUDGMENTS, COSTS, EXPENSES OF EVERY KIND AND CHARACTER, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR WHICH ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN IPS TOURS, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF IPS. I FURTHER RELEASE IPS FROM RESPONSIBILITY FOR:
- ANY ACT OR DEFAULT COMMITTED BY IT;
- ANY INJURY, LOSS, DAMAGE, ACCIDENT, DELAY, OR EXPENSE RESULTING FROM THE USE OF ANY VEHICLE, STRIKE, WAR, TERRORISM, WEATHER, SICKNESS, QUARANTINE, GOVERNMENT RESTRICTION, OR REGULATION;
- ANY ACT OR OMISSION BY ANY HOTEL, AIRLINE, BUS, TAXI SERVICE, STEAMSHIP, RAILROAD, RESTAURANT, THE INTERNATIONAL PALM SOCIETY, AND/OR MEETING PLANNERS OR ANY OTHER HABITATS VISITED DURING IPS TOURS; OR
- ANY OTHER FINANCIAL OBLIGATION OR LIABILITY, OR DAMAGE OR INJURY TO MYSELF OR TO MY PROPERTY.
- I understand that IPS TOURS involve exercise and/or hiking and that before participating, I should consult my physician. I ASSUME ALL RISK OF INJURY THAT MAY BE SUSTAINED BY ENGAGING IN IPS TOURS OR BY OTHERS THAT MAY RESULT FROM MY PARTICIPATION, AND I AGREE TO ASSUME ALL RISK OF DAMAGE TO PERSONAL PROPERTY I OWN OR IS OWNED BY OTHERS THAT MAY RESULT FROM MY PARTICIPATION IN IPS TOURS.
- I warrant and represent that I am in good health and that I have no special needs or instructions in regard to my physical condition and that I am able to participate in IPS Tours without limitation.
- SHOULD IPS OR ANYONE ACTING ON THEIR BEHALF BE REQUIRED TO INCUR ATTORNEYS’ FEES AND COSTS TO ENFORCE THIS AGREEMENT, I AGREE TO INDEMNIFY AND HOLD THEM HARMLESS FOR ALL SUCH FEES AND COSTS.
- I HEREBY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY FOR ANY CLAIM MADE IN CONNECTION WITH MY PARTICIPATION IN IPS TOURS.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I AM WILLING TO ASSUME THE RISK OF ANY MEDICAL OR PHYSICAL CONDITION I MAY HAVE.
- I authorize IPS personnel to call medical care for me [and/or my child] and to transport the same to a medical facility or hospital if, in the sole opinion of such personnel, medical attention is needed for me [and/or my child]. FURTHER, I AGREE TO PAY ANY AND ALL COSTS AND EXPENSES ASSOCIATED WITH ANY SUCH MEDICAL CARE AND/OR RELATED TRANSPORT, AND I HEREBY INDEMNIFY AND HOLD HARMLESS IPS OF AND FROM ALL SUCH COSTS.
- I irrevocably grant IPS permission to use and own the copyright to any photograph, videotape or other likeness of myself [and/or my child] while participating in IPS TOURS; such material, including publishing my name [and/or my child’s name], may be used in any medium for any purpose whatsoever. I hereby also assign to IPS my right of privacy, including without limitation, rights under California Civil Code §3344.
- In the event that I file a lawsuit against IPS, I agree to do so solely in a federal or state court in the State of California, and I further agree that the substantive law of California shall apply in that action without regard to the conflict of law rules of that state. 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.
- This agreement is binding on my estate, heirs, administrators, and assigns.