NIGHTHAWK NATURALIST SCHOOL, LLC RELEASE AND WAIVER OF LIABILITY
PLEASE READ CAREFULLY!
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS!
In consideration of my acceptance as a participant in the activities sponsored by Nighthawk Naturalist School, LLC, an Oregon limited liability company (“NNS”) and the services and amenities provided by the NNS (collectively, the “Activities”), I agree to the following. I understand that my agreement to each of the terms and conditions contained in this Release and Waiver of Liability (this “Agreement”) is required by NNS before the participant will be permitted to participate in any Activities.
Activities: I understand the Activities include, but are not limited to: hiking, carving, being outdoors in all seasons, archery, running, crafting, heavy lifting, use of power tools and other tools that cause injury, use of personal vehicles or group rental vehicles to and from the Activity site, and environmental hazards including, but not limited to: uneven terrain, rivers and streams, falling branches or trees, inclement weather, reaction to plants or insects, harm resulting from contact with animals, etc.
Acknowledgement of Risk: I hereby acknowledge and understand that the Activities are inherently dangerous and may result in serious personal injury (including paralysis), death, and damage to personal property. I understand the potentially strenuous physical demands of participating in the Activities and confirm that the participant is in good health and proper physical condition to do so.
Release of NNS: I am aware of, and willingly accept, the inherent risks associated with participating in the Activities, including, but not limited to, serious personal injury (including paralysis), death, and damage to personal property. THE PARTICIPANT, FOR HIM/HERSELF, LEGAL REPRESENTATIVES AND SUCCESSORS, HEREBY FOREVER RELEASES AND DISCHARGES NNS AND ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, SPONSORS, SUPPLIERS, SUPPORTERS, LANDOWNERS, AFFILIATED ORGANIZATIONS AND THEIR EMPLOYEES AND AGENTS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, “NNS RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER TO THE PARTICIPANT’S PERSON OR PROPERTY, RESULTING FROM OR RELATING TO THE PARTICIPANT’S PARTICIPATION IN ANY ACTIVITIES EVEN IF SUCH INJURY IS CAUSED, DIRECTLY OR INDIRECTLY, BY THE NEGLIGENCE OF ANY NNS RELEASED PARTY.
Indemnification of NNS: THE PARTICIPANT, FOR HIM/HERSELF, LEGAL REPRESENTATIVES AND SUCCESSORS, HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD EACH NNS RELEASED PARTY FOREVER HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS’ FEES, FEES AND COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS WAIVER, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY ANY NNS RELEASED PARTY, ARISING OUT OF OR RELATING TO THE PARTICPANT’S PARTICIPATION IN ANY ACTIVITIES, EVEN IF SUCH CLAIMS, DEMANDS, COSTS, OR OTHER LIABILITIES RELATE TO THE NEGLIGENCE OF ANY NNS RELEASED PARTY.
Safety: I understand that during my participation in the Activities, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in the Activities and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. If the Activity involves uses of personal vehicles, I agree that I am aware of and will comply with applicable personal vehicle safety requirements. I agree to read, listen to, and follow all safety instructions presented in conjunction with the Activities, to use good judgment based on physical ability, and to immediately terminate participation in the Activity if it becomes too difficult or if for any other reason I feel uncomfortable. If I decide to leave early and not to complete the Activities as planned, I assume all risks inherent in my decision to leave and waive all liability against NNS arising from that decision. Likewise, if the NNS activities coordinator has concluded the Activities, and I decide to go forward without the activities coordinator, I assume all risks inherent in my decision to go forward and waive all liability against NNS arising from that decision.
Assumption of the Risk: I understand the Activities include work that may be hazardous and I hereby expressly and specifically assume the risk of injury or harm in the Activities and release NNS from all claims of liability for property damage, injury, illness, or death resulting from the Activities, including claims under a theory of negligence.
NNS is not responsible for incidents occurring outside of the span of scheduled program Activities, including participant travel in personal vehicles to or from the Activity site, or any off-site or chosen extracurricular participation on behalf of the participant.
Medical Care: I understand that there may not be rescue or medical facilities immediately available for the injuries I may suffer from the hazards and risks to which I may be exposed, and I agree that I am responsible for my own medical care. However, if I do receive medical care in the event of an emergency (for instance, if I am unconscious) I do release NNS from any and all claims resulting from any first aid, treatment, or service rendered.
Insurance: I understand NNS does not provide any health, medical, or disability insurance for participants in the Activities .
Photographic Release: I hereby grant and convey unto NNS all rights, title, and interest in any and all photographic images and video or audio recordings made by NNS during the Activities with NNS, including but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. I grant permission to NNS to use photographs taken by and/or of me for use in publications, including websites or other electronic forms or media, and to offer the photographs for use or distribution in all manners, for advertising, trade, promotional and other related lawful purposes without notifying me.
Volunteer: I intend to participate in the Activities with NNS, and I understand I will receive no compensation, pay, or remuneration for my services by NNS. I also understand NNS does not provide worker's compensation insurance for participants (including volunteers).
COVID-19 ASSUMPTION OF RISK: I expressly affirm that I am aware of the public health directives recommending social isolation and distancing in response to the current COVID-19 pandemic. I affirm and attest that I am not currently or have not exhibited within the last 5 days COVID-19-related symptoms, such as sore throat, cough, shortness of breath, and/or fever, nor have I been exposed to individuals exhibiting the same. I am further aware and affirm that NNS cannot prevent the possibility of exposure to COVID-19 in Activity settings and I am aware and affirm that participating at NNS involves risk of exposure from NNNS staff, participants, or volunteers. I am expressly aware of and affirm the potential health risks that may occur if I am exposed to COVID-19, up to and including death, and that my exposure brings with it the possibility of my exposing others, including members of my household or other communities. I acknowledge and am aware of CDC and other public health recommendations concerning risks COVID-19 exposure presents to individuals in certain age groups and/or with high risk health conditions. I affirm that this waiver, in its entirety, includes any and all liability or claim that I may have against NNS, with respect to any exposure I may have to COVID-19 as a participant (including as a volunteer).
Jurisdiction: I understand this Agreement is governed by Oregon law and I agree that the exclusive jurisdiction over claims will be in Oregon State Courts, with venue in Deschutes County, Oregon.
Severability: I agree if any part of this Agreement is determined to be unenforceable, it is intended that all other terms be enforced.
Termination of Agreement: I agree this Agreement is binding until NNS receives a statement in writing that I no longer agree to the terms in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I AND/OR MY CHILD MAY HAVE AGAINST NNS, INCLUDING ANY CLAIMS FOR NEGLIGENCE OF NNS. I NEVERTHELESS ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY AND AGREE IT IS BINDING UPON ME, MY HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES. BY SIGNING BELOW I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES. IF I AM SIGNING AS A PARENT OR GUARDIAN I ACKNOWLEDGE THAT I MAKE THIS AGREEMENT ON BEHALF OF MY MINOR.