RELEASE AND WAIVER OF LIABILITY & INDEMNITY AGREEMENT
I hereby acknowledge that I have voluntarily applied to participate
in mountaineering and/or mountaineering instruction or training, hereinafter
referred to as "activities".
(Initial_____)
I am aware that the activities are hazardous, involving risk of serious
bodily injury, death, or property damage and I am voluntarily participating
in these activities with knowledge and expressly assume the risk of these
dangers including, but not limited to: slips, falls, objects or persons
falling on persons, equipment failure, injury from pointed equipment, high
altitude injury, improperly administered first aid, lightening, hypothermia
and/or drowning.
(Initial_____)
As lawful consideration for being permitted by the California Mountaineering
Club or any of its officers, agents, servants, volunteers, activity
participants or employees, herein referred to as "releasees", to participate
in these activities and/or use their equipment, the undersigned does for
him/herself, his/her heirs, executors, administrators, legal representatives,
guardians, distributees and assigns, collectively referred to as releasors,
hereby release, waive, discharge, and relinquish any action or causes of
action for personal injury, property damage or wrongful death which may
hereafter arise from the activities or any pursuit incidental thereto wherever
or however said pursuit may occur and for whatever period said activities
and pursuits may continue.
(Initial_____)
The undersigned further agrees that under no circumstances will releasors
prosecute or present any claim against releasees for any causes of action
for : personal injury, property damage or wrongful death, whether the same
shall arise by the negligence or non-intentional conduct of any of said
releasees from the activities or any pursuit incidental thereto.
(Initial_____)
This document is intended to be as broad as is permissible under the
law of the State of California and this agreement shall be interpreted
under the laws of the State of California. If any portion of this agreement
is invalid, it is agreed that the balance shall continue in full force
and effect.
(Initial_____)
The undersigned has read and voluntarily signs the release and waiver
of liability and indemnity agreement and further agrees that no oral representations,
statements or inducements apart from the foregoing written agreement have
been made.
(Initial_____)
The undersigned acknowledges that he/she has read the foregoing paragraphs
and is completely aware of the potential dangers incident to engaging in
the activities, and is fully aware of the legal consequences of signing
the within instrument.
(Initial_____)
Print Name:________________________________________
Signature:__________________________________________
Date:________________
Parent or
Guardian Signature:___________________________________
Date:________________
Last updated: January 30, 2000