JOA National park acknowledgement of risk

JOA National park acknowledgement of risk

This document is a legal contract

This document is a binding contract between Red Canyon, LLC a company located at 113 N San Vicente Blvd, Beverly Hills, CA 90211, both their officers, agents, contractors, employees, owners, directors, associates, sponsors and all other persons or entities associated with or acting in any capacity for or on behalf of these businesses (hereinafter referred to as “RC”) and you, the participant in an RC trek, climb or other activity. In consideration of the services provided by RC, I agree as follows:

 

Although RC has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy activities such as travel in foreign countries, hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities, (herein known as “the activities”), for which I may not be skilled, RC has informed me there are significant elements of risk in any of these activities including training courses that teach the activities. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of these activities and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. RC does not want to frighten me or reduce my enthusiasm for these activities, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of the inherent risks while participating in these activities.

 

 

1. Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to your home country and may add additional risks both financially and for your safety.

2. Transportation; (before, during and after the activities) by plane, helicopter, automobile, van, bus, taxis, truck, train or other motorized transport can all have significant risks associated with them including bodily injury, death and loss of property.

3. Pack and riding animals used for carrying gear and for riding in some circumstances, for example; camels, yaks, mules, lamas, horses and other pack animals can bite, kick, gore with horns, become uncontrolled, push or knock gear or people off trails or other terrain.

4. Injury or Illness caused by, but not limited to, contaminated or untreated water, wild, dangerous or poisonous animals and plants, bites from disease carrying insects, different standards of living conditions, different foods or difficulty maintaining hygiene, travel in remote areas with poor or no access to emergency and/or medical services.

5. Slipping or falling: Travel by foot (including to, during and from the activities) over uneven rugged unpredictable trail and off-trail terrain, including but not limited to, boulder fields, downed timber, river crossings, high mountain passes, snow and ice, glaciers, crossing crevasses and snow bridges, steep slopes, and slippery rocks may result in slips and fallswhich may cause pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, punctures, fractures, concussions, or even more severe life threatening injuries and death.

6. Being struck by avalanches, rock fall, icefall, or other objects dislodged or dropped from above can cause severe injuries or death.

7. Glacier travel hazards include falling into a crevasse or breaking through a snow bridge resulting in a crevasse fall which can cause injuries due to the fall or objects hitting you during and after your fall. You may also be injured while stopping in the bottom or between the sides of the crevasse. 7. . Once in a crevasse you will be subject to cold and hypothermia.

8. Camping hazards including open flame stoves, burns, tent fires, carbon monoxide poisoning, food and water related illnesses.

9. Inclement weather and rapid changes in weather, including mountain storms, server cold or heat, extreme winds, limited visibility, electrical storms or lightning, snow, hail, ice, rain and sleet can cause difficult and dangerous situations greatly increasing risk.

10. Extreme heat and heat related illnesses, including heat exhaustion and heatstroke.

11. Extreme cold or cold injuries such as hypothermia, frostnip or frostbite that may result in loss of limbs, digits and permanent scarring.

12. Altitude related sicknesses and conditions including but not limited to AMS (acute mountain sickness), Pulmonary Edema, Cerebral Edema and retinal hemorrhaging.

13. Dehydration related injuries or illnesses

14. Damage, failure, loss or misuse of equipment can lead to loss or damage to equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death; some causes but not all include environmental, such as extreme cold or heat, rock fall, ice fall, avalanches, high winds. For example, damaged tents from wind, sun or snow burial. Failure of climbing protection due to high temperatures melting out snow and ice anchors. Falling rock hitting and cutting climbing ropes. Human causes such as, dropping, loosing, inappropriate use, or not well maintained climbing equipment. Some examples, a cook stove leaking and causing a fire, or climbing on fixed lines that anchors or ropes have not been sufficiently maintained causing failure and a fall. A lost glove leading to cold injuries.

15. RC employees have difficult jobs to perform. They seek safety, but they are not infallible. For example, they might be unaware of a participant’s fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction or be used incorrectly. They may make an incorrect medical diagnosis or treat an illness or injury incorrectly.

16. My own and other participant’s physical capabilities/limitations and the physical exertion associated with the activities, which may contribute to loss of balance; physical coordination and inability to follow instructions. For example, fatigue which may causes dizziness during the activities and diminish reactions time or judgement increasing the risk of an accident or injury.

17. The actions or inactions of other participants in the group or third parties that may contribute to the risk.

18. An “act of God”, or uncontrollable act of nature including, but not limited to, avalanche, icefall, rockfall, earthquakes, floods and extreme weather.

19. Transmissible pathogens or diseases.

 

 

I certify that I AM FULLY CAPABLE of participating in this activity and I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety and the safety of all minor children in my care, custody, and control while participating in these activities. I also certify I am aware that hiking, trekking, rock climbing, ice climbing, mountaineering, glacier travel, ski touring, ski mountaineering and other related activities entails risks of injury, death or loss property to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury, death or loss of property.

 

 

I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of RC has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

 

Therefore, I agree to assume and accept full responsibility for myself and my family, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my own negligence while participating in these activities.

I hereby authorize any medical treatment or rescue deemed to be necessary. I hereby give permission for transportation to any medical facility or hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for myself and all minor children in my care, custody and control while participation in these activities. I hereby authorize the release of any medical information in the possession of RC to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse or other such person rendering care on my behalf. I hereby waive any action or claim against RC or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information.

 

In the event that I file a lawsuit against RC, I agree to do so solely in the state of California, and I further agree that the substantive law of that state 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.

I have had sufficient opportunity to carefully read this entire document and clearly understand and voluntarily agree to be bound by its terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative and estate and for all members of my family, including, my spouse and minor children.