RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK
INDEMNITY AGREEMENT (AGREEMENT) MEMBER
IN CONSIDERATION of being given the opportunity to participate in any way in any THENDARA MOUNTAIN CLUB (the "CLUB") activities ("Activity") until the end of this calendar year. I, for myself; my personal representatives, assigns, heirs and next of kin:
1. ACKNOWLEDGE, AGREE and REPRESENT that I understand the nature of the Club's outdoor activities, both on land and on water, including. but not limited to, hiking. bushwacking, walking, trail maintenance, snow shoeing, cross-country skiing, swimming, canoeing, kayaking, sailing, and that I am qualified, in good health, and in proper physical condition to participate in such activities, and indoor activities including. but not limited to, benefiting and enjoying the Club's lodging facilities which are heated by pellet and wood fired heating systems and the food preparation which is done by the members;
2. FULLY UNDERSTAND that: (a) the CLUB'S ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death ("RISKS"); (b) these RISKS and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, including members of the CLUB, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the Activity; .
3. AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member/guest of the Club and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction;
4. HEREBY RELEASE, discharge and covenant not to sue the CLUB, its administrators, directors, trustees, members, agents, officers, volunteers and employees, other participants, Activity hosts or program organizers, any sponsors, advertisers, and The People of the State of New York, The NYS Executive Department, Office of Parks, Recreation and Historic Preservation, Palisades Interstate Park. Commission, and their officers, agents and employees or other owners and lessors of premises on which the Activity takes place (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and the use of any equipment which is hereby acknowledged to be in good working order, and further specifically including the use of any equipment in trail maintenance, such as, but not limited to, chain saws, the use of which are not part of Club activities and which arc not provided by the Club but by me, nor is the use thereof requested, required or authorized by the Club; and I FURTHER AGREE that if; despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK and INDEMNI1Y AGREEMENT, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney or other legal fees, loss, liability, damage or cost which any may incur as the result of such claim.
I have read this Agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
I, the minor's parent and/or legal guardian, understand the nature of the Club's Activity and the minor's experience and capabilities and believe the minor to be qualified to participate in such Activity and completely understand and agree to the above terms. I HEREBY RELEASE, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the releasees from all liability, claims, demands or otherwise, including negligent rescue operations and, and FURTHER AGREE that if; despite this release, 1, the minor, or anyone on the minor's behalf makes a claim against any of the above releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney or other legal fees, loss, liability, damage or cost which any may incur as the result of such claim.