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As a condition of Trackers, their Affiliates, and Subsidiaries allowing anyone to participate, engage in, join, and/or observe Trackers Activities (as those capitalized terms are defined below), Trackers requires: (i) all adult participants to sign this Waiver and Release for themselves; and (ii) all parents and legal guardians to sign this Waiver and Release on behalf of a minor participant (i.e., under eighteen (18) years of age). Hereinafter you, on behalf of yourself and as the parents or legal guardians of any minor identified above, are collectively referred to as “Participant.” Participant acknowledges that this Waiver and Release may be signed in a digital form with an electronic signature and Participant agrees that such electronic signature is binding. In the case of minor participants the adult signing below confirms that (a) s/he is the parent or legal guardian of the above-named child.
I and/or my children/wards have my permission to participate in all Trackers Activities (defined below). In case of emergency, I hereby request and authorize any physician, hospital and health care provider to provide medical treatment promptly for me and/or my children/wards, whether or not I may be contacted and informed. To my knowledge the Participant is in good physical and mental health, and knows of no reason why the Participant cannot participate in all activities offered to him or her.
Participant acknowledges and understands that Trackers Activities are inherently dangerous activities and that participating in or observing Trackers Activities has dangers that cannot be totally eliminated. Participant understands these dangers may include but are not limited to the following: The dangers of tripping, slipping, falling and/or colliding with others and/or the ground, rocks, or trees or encountering other water/terrain/road/trail hazards; failing to negotiate steep, uneven or difficult terrain and equipment breakage, failure, malfunction, or misuse; The dangers of rope burns, sun burn, and other burns (hot water, hot objects, and open flame), drowning, vehicle accidents, collisions, water borne illnesses, and contamination, dehydration, heat and cold related injuries (heat exhaustion, heat stroke, hypothermia, hyperthermia, frostbite, etc.); The dangers of stinging, venomous, or disease carrying animals or insects, poisonous plants, domestic animals, wild animals and other natural or man-made hazards; The dangers of wounds, lacerations, cuts, scrapes, bruises, abrasions, contusions, broken bones, fractures, sprains, the danger of temporary or permanent hearing loss and vision loss and eye injury; The dangers of delayed medical care because of the distance between the location of Trackers Activities and medical facilities and/or difficulties with communication; The dangers the Participant, or other participants, or third parties will act carelessly or recklessly; and THE DANGER OF SERIOUS INJURY, PARALYSIS, DISABILITY, OR DEATH.
THE UNDERSIGNED IS AWARE THAT TRACKERS ACTIVITIES COULD INCLUDE HAZARDOUS ACTIVITY, AND THAT PARTICIPANT COULD BE SERIOUSLY INJURED, PARALYZED, DISABLED, OR EVEN KILLED. BY ELECTRONICALLY SIGNING THIS RELEASE AND WAIVER THE UNDERSIGNED AGREES TO ASSUME THE FULL RISK OF INJURY OR DAMAGE RESULTING IN ANY MANNER FROM PARTICIPANT’S PARTICIPATION IN TRACKERS ACTIVITIES.
In consideration of Trackers’ agreement to allow Participant to participate in Trackers Activities, the undersigned, on behalf of Participant and his or her heirs and assigns, hereby releases, waives, indemnifies and discharges Trackers and all of its instructors, employees, officers, members, shareholders, managers, directors, agents, contractors, sponsors, landlords, lessors, and volunteers (collectively, “Releasees”) from any and all actions, claims, or demands that Participant and his or her assignees, heirs, distributees, guardians, next of kin, spouse and/or legal representatives now have, or may have in the future, for injury, disability, death, or property damage, whether arising from the negligence of Releasees or otherwise, related to (a) participation in Trackers Activities, (b) the negligence or other acts, whether directly connected to Trackers Activities or not, and however caused, by any of the Releasees, or (c) the condition of the premises where Trackers Activities occur, whether or not Participant is then participating in Trackers Activities.
The term “Affiliate” means any entity directly or indirectly, controlling, controlled by, or under common control with another person or entity.
The term “Participant” in the case of an adult signing on their own behalf means the adult participant, and in the case where parents or legal guardians are signing on behalf of a minor, means the minor participant and the parents or legal guardians.
The term “Subsidiary” or “Subsidiaries” means, with respect to Trackers, any corporation, limited liability company, partnership, or other business entity of which more than 50% of the total voting power of shares of stock or other equity interest entitled (without regard to the occurrence of any contingency) to vote in the election of directors, managers or trustees thereto is at the time owned or controlled, directly or indirectly, by Trackers or one or more of the other Subsidiaries of Trackers or a combination thereof.
The term “Trackers” means Trackers Earth, Inc., an Oregon corporation, and its Affiliates and Subsidiaries.
The term “Trackers Activities” means any program offered by Trackers or their respective Affiliates and Subsidiaries, including any travel to and from such program. In order to fill our programs with real experiences, we need parents and participants to understand all the risks involved. Trackers conducts a number of outdoor recreational and wilderness activities, including without limitation, camping, archery and bow making, knife making and blade smithing, blacksmithing, carving and woodworking, homesteading, wilderness survival, summer camps, martial arts, hide making, farm animal care, and wild animal tracking (collectively “Trackers Activities”).
ABOUT PHOTOS Trackers has the right to use Participant drawings, journal excerpts, videos, photos and any media taken of applicant for promotional purposes for itself and affiliates.
If any provision of this Waiver and Release is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Waiver and Release will not be impaired in any way.
This Waiver and Release shall be governed in all respects by the laws of the State of Oregon without giving effect to any conflict of law principles that would result in the laws of any other jurisdiction governing this Waiver and Release, venue shall be in Multnomah County and Participant waives any argument or contention that such venue constitutes an inconvenient forum. Participant agrees that all disputes between Participant and Trackers not otherwise settled through negotiation or mediation must be submitted to mandatory, final and binding arbitration. The arbitration shall be conducted in Portland, Oregon according to the current rules of Arbitration Service of Portland, Inc., before a single arbitrator chosen from a panel of attorneys admitted to practice law in the State of Oregon, who is knowledgeable in the area of law that is the subject matter of the dispute. The written determination and award of the arbitrator shall be final, binding and conclusive, and such determination may be entered in any court of competent jurisdiction. This arbitration clause shall survive any termination or amendment of this Waiver and Release. Participant acknowledges that it is giving up the right to have disputes resolved by a judge or jury in a judicial forum.