In consideration of being allowed to participate in Adventures in Common Activities (defined collectively as activities, adventures and events planned or hosted by Adventures in Common or listed on the Adventures in Common calendar,) and intending to be legally bound I, on behalf of myself, my personal representatives, assigns and heirs, agree that:
1. When participating in Activities, I am doing so voluntarily and I have done everything possible to make myself aware of the risks inherent in each of the Activities. I understand that Adventures in Common will provide a description of each of its Activities, but this description is not intended to inform me of all the risks inherent in the activity and that I will use my own resources and knowledge to evaluate if this is a risk I wish to take.
2. I acknowledge and fully understand that by engaging in Activities, I will engage in some Activities that involve risk of foreseeable and unforeseeable minor injury including scrapes, cuts, sprains and broken bones and more serious bodily injury, including permanent disability, paralysis, and death. I further acknowledge that any of the above risks could also result in social or economic losses and these are my responsibility.
3. I acknowledge that some activitieswill involve a test of a person's physical and mental limits and carry with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Activities. These risks are not only inherent to participants, but are also present for volunteers.
4. I generally release, waive, discharge, and agree not to sue Social Adventure Clubs, Inc., DBA Adventures in Common, (herein as AiC) its affiliated clubs and organizations (including the directors, officers, agents, administrators, and representatives of any of the foregoing entities), and any event planners, event hosts, volunteers, sponsors, promoters, and, if applicable, owners and lessors of premises used to conduct the Activities (all of whom are hereinafter referred to as “Releasees”), from any and all liability, demands, claims, suits, losses, or damages incurred as the result of the undersigned participation in any Activities (or caused, or alleged to be caused, in whole or in part, by the negligence of the Releasees).
5. If I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless, each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any of the Releasees may incur as the result of such claim.
6. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during any of the Activities.
7. This Accident Waiver and Release of Liability Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
8. If there is any dispute about or involving AiC, I agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions. I agree that all disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts and shall be located in the City of San Francisco or as close as possible. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
9. I understand while participating in Activities, I may be photographed or videotaped. I agree to allow my photo, video, or film likeness to be used for any commercial marketing of AiC including both online and offline advertising and promotion.
10. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.