Appalachian Mountain Club Volunteer-Led Camps & Cabins
COVID-19 WARNING &
Acknowledgment and Assumption of Risks & Release and Indemnity Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. All participants must sign this Document. For participants under 18 yrs. of age (hereafter sometimes ‘minor’ or ‘child’), one or both parent/s or guardian/s (hereafter collectively ‘parent/s’) must also sign. In consideration of the services of the Appalachian Mountain Club, Inc., a charitable, not-for-profit corporation, organized and existing under the laws of Massachusetts, and its chapters, including all officers, employees, representatives, agents, independent contractors, volunteers (including leaders and co-leaders), members and all other persons or entities associated with it (collectively referred to in this Document as ‘AMC’), I (participant and parent/s of a minor participant), acknowledge and agree as follows:
The World Health Organization has declared the novel coronavirus, COVID-19, as a worldwide pandemic. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact as well as through airborne particles. As a result, and in accordance with federal, state, and local regulations, AMC has put in place various preventive measures to reduce the spread of COVID-19. Despite these measures and the best intentions of AMC, AMC cannot guarantee that you will not become infected with COVID-19 as a result of participating in AMC activities. Further, participating in these activities could increase your risk of contracting COVID-19.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Use of AMC Volunteer-led Camps and Cabins and/or instructional, educational and/or adventure activities (which may be scheduled or unscheduled, supervised or unsupervised and/or occur during free or independent time) occur in a variety of locations in the U.S. and include the ‘August Camp’ program. Activities may include, but are not limited to hiking, biking, skiing, swimming, maintenance of trails and facilities, canoeing, kayaking, sailing, participant’s independent use of AMC cabins or other facilities or use of those facilities in connection with AMC organized trips or activities, and transportation or travel to and from AMC facilities or activities (referred to in this Document as ‘activities’ or ‘these activities’). In all activities, participants share in the responsibility for their own safety. Participants (and parent/s of minors) take responsibility for having appropriate skills, physical conditioning, equipment and supplies for these activities.
These activities include inherent and other risks, hazards and dangers (referred to in this Document as ‘risks’) that can cause or lead to injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. Some, but not all of these risks include: hazardous and unpredictable ground, water or weather conditions; misjudgments made by leaders, co-leaders, participants or others; travel in remote areas that can cause delays in transportation, evacuation and medical care; equipment that can fail or malfunction; the potential that the participant or others (e.g. coparticipant, driver, medical and rescue personnel) may act carelessly or recklessly. I understand that AMC staff, leaders or other personnel cannot assure participant’s safety or eliminate any of these risks. Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of minors) assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by participant, resulting from those risks, and resulting from participant’s negligence or other misconduct.
By signing this agreement, I (participant and parent/s of a minor participant) acknowledge that I have read the COVID-19 warning above and understand the contagious nature of COVID-19. I voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in AMC activities and using any of its facilities or equipment. I understand the risk of becoming exposed to or infected by COVID-19 during AMC activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, AMC volunteers, leaders, and staff.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity agreement contains a surrender of certain legal rights. I (adult participant, or parent/s for themselves and for and on behalf of their participating minor child) agree as follows:
(1) to release and agree not to sue AMC, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim/s’) for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities, or use of AMC equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against AMC, and agree that neither I, my child, or anyone acting on my or my child’s behalf, will make a claim against AMC, as a result of any injury, damage, death or other loss suffered by me or my child;
(2) to defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) AMC with respect to any and all claim/s brought by or on behalf of me, my child, a family member, a co-participant, or any other person for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities or use of AMC equipment, facilities or premises.
This Release and Indemnity Agreement includes claim/s resulting from AMC’s negligence (but not its gross negligence or intentional or reckless misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment or treatment), property damage, breach of contract or any other claim.
I agree that the substantive laws of Massachusetts govern this Document and all other aspects of my relationship with AMC, and that any mediation, suit, or other proceeding must be filed or entered into only in Massachusetts. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
Participant and parent/s of a minor participant agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, my minor children and other family members, and my heirs, executors, representatives and estate. One or both parent/s must sign below for any participating minor (those under 18 years of age).