Release of Liability and Acknowledgment & Assumption of Risk
And Trip Guest’s Representations and Agreement to Follow Directions
This Release of Liability and Acknowledgment and Assumption of Risk is entered into between Live More Adventures LLC (sometimes referred to as the “Trip Host” or “Live More Adventures” or “us”) and the undersigned (sometimes referred to as the “Trip Guest” or “you”). PLEASE READ CAREFULLY AS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
I. Acknowledgment of Risk:
The safety of our Trip Guests and the safety conditions of the trips themselves are Live More Adventures’ top priority. However, despite our planning and efforts, not all elements of a trip are under our, or our vendor’s and contractor’s, control. You acknowledge that there is a certain amount of uncertainty and risk of injury to you, those around you, your belongings, or the property of others that you will be exposed to by participating in any one of our trips. You also acknowledge that the trips hosted by Live More Adventures involve varying degrees of physical exertion, coordination, and skill by the Trip Guests.
II. Representation of Minimum Level of Skill: You, the Trip Guest, by participating in a trip, represent that you possess the minimum level of physical capability, coordination, and skill necessary for the trip. Our Trip Leader(s) can be consulted with before participating in a trip should you have any doubt, concerns, or questions about your ability to participate competently and safely.
III. Agreement to Follow Directions: You agree to follow the rules for the trip or facility provided to you and to follow directions given to you by the Trip Leader(s), or our vendor(s) and contractor(s). If you are a) acting in a way that is offensive to other trip guests or others in general, or b) your actions are in themselves dangerous or create dangerous circumstances, or c) in the Trip Leader(s) judgment under the influence of a substance, whether legal or illegal, or otherwise impaired, or d) disobeying or disregarding rules or instructions from the Trip Leader(s), Live More Adventures’ vendor(s), contractor(s), or representative(s), or e) breaking a law, then the Trip Leader(s) in their sole discretion may either temporarily or permanently remove you from the trip or the transportation or the lodging ancillary to the trip. If removed temporarily or permanently from a trip, no refund of deposits or monies paid in advance will be returned to you and you will remain responsible to us for any outstanding invoices or balances charged to you for the trip. Live More Adventures will not be responsible for finding you alternate transportation or lodging if you are removed partially or permanently from a trip. However, in emergency or urgent situations, where the safety or health of Trip Guest is a concern, the Trip Leader, in his/her sole discretion, may make mandatory arrangements for a Trip Guest’s removal via transportation and lodging from a trip event.
IV. Assumption of Risk and Release of Liability: You, the Trip Guest, are always welcomed to discuss the risk of injury or damage or the physical requirements needed for any one of our particular trips with our trip leader(s) before participating in them. As part of the Trip Leader’s role, he/she will explain the nature and risk involved in the trip activities to the Trip Group before the group engages in them. By participating in the trips and acknowledging the presence of risk in the activities, you have consented to exposing yourself to the risks involved.
Further, and most importantly, so please take note: You assume full responsibility and liability and release and discharge us from liability for any personal injury you sustain, whether caused by you, others, or by us, even if caused by our negligence, while participating in the trips. The legal term negligence means more than just the inherent risks involved in our trips, but rather speaks to our fault or wrongdoing. And, you further release and discharge us from liability for any injury you cause to others or damage caused to property while participating in the trips. Trip participation also includes instructional or tutorial sessions in preparation of a trip, the travel to and from the trip, and the time spent in the lodging or camp grounds while on the trip. But, we wish for you to understand that we are not shifting all liability to you. Live More Adventures will remain responsible for damage or injury caused by our gross negligence or recklessness.
V. Indemnity: You agree to indemnify, reimburse, hold harmless, and defend Live More Adventures against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees, court fees, and other costs of litigation and discovery, which may in anyway arise from your participation in the trip. You agree that in the event of your death or disability, the terms of this agreement, including the indemnification obligation in this section, will be binding on your estate, and your personal representative, executor, administrator, or guardian will be obligated to respect and enforce them. However, this section and the agreement in whole, does not bar heirs from pursuing a wrongful death action under New Jersey’s Wrongful Death Act.
VI. Use of Your Likeness: Live More Adventures actively uses social media and traditional forms of advertising to reach current and prospective trip guests. During a trip, you may be photographed or videotaped. You waive all rights of pre-approval that you have for the use of any such media of your likeness and you grant to Live More Adventures permission to copyright, use, and publish (including by electronic means) such media of your likeness. However, Live More Adventures understands that not all of our Trip Guests are comfortable having their photos or videos made public. We want our Trip Guests to feel comfortable on our trips, and we encourage anyone who does not want their image used for promotion or marketing or sees an image or video already on social media that they would like removed to contact us with the request. We will honor those requests and take the image or video down.
VII. Medical Information Reporting and Waiver of Liability for Medical Responses:
a) Medical Information Reporting: Live More Adventures may at times help facilitate the collection and transmission of important allergy, dietary, medical ailment, and medical condition information from Trip Guests to Trip Leader(s) by providing you medical collection forms to complete. Nevertheless, even if Live More Adventures does not supply a Trip Guest with a medical collection form, the Trip Guest is responsible for communicating this information to Live More Adventures. The information collected can better alert Trip Leaders to the need for a private discussion with a Trip Guest about certain foods, activities, or levels or exertion in order to determine if they pose a special risk to the health or well-being of a Trip Guest if consumed or engaged in. Information about your allergies, dietary needs, or health is considered by Live More Adventures to be very sensitive in nature. Live More Adventures will keep medical information collected private and will neither share or sell it to unaffiliated third parties nor share or sell it to affiliated third parties not servicing or working on the particular trip a Trip Guest is participating in.
b) Waiver of Liability for Medical Responses: Due to injury to or incapacitation of a Trip Guest, an emergency situation might arise where a Trip Leader or other agent, employee, or contractor of Live More Adventures or a non-affiliated individual of Live More Adventures will need to provide medical attention or apply a medical technique to a Trip Guest. You, the Trip Guest, release Live More Adventures from all liability relating to any injuries you may sustain due to medical responses or treatment given or applied to you in the case of emergency. This includes not only new injuries that may result from medical responses, but an acceleration or exacerbation of a pre-existing injury or condition. This waiver of liability does not cover actions of recklessness, gross negligence, or wilful misconduct on the part of Live More Adventures.
VIII. Applicable Law: You, the Trip Guest, and Live More Adventures agree that any legal or equitable claim or litigation that may arise from your participation in a trip shall be adjudicated and resolved under the laws of the State of New York. You also agree that the appropriate venue for such claim or litigation is New York.
IX. No Duress: You agree and acknowledge that you are under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. You further acknowledge that you are free to have your own legal counsel review this agreement.
Live More Adventures agrees to email or give this agreement to trip participants prior to the trip beginning and will return any deposits or monies given upfront should a prospective trip participant not wish to sign this agreement before a trip commences.
X. Arms Length Agreement: This agreement and each of its terms are the product of an arm’s length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the parties explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as drafter of a specific term, language, or provision giving rise to such ambiguity.
XI. Enforceability: The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Signed By: _________________________________ “Trip Guest”
Print Name: ________________________________