Participant Agreement, Release, and Assumption of Risk:
In consideration of the services provided by Wandering Bear Wellness, its owners, officers, agents, employees, volunteers, contractors, participants, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Wandering Bear Wellness”), I hereby agree to release, indemnify, and discharge Wandering Bear Wellness, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate, as follows:
1. Acknowledgement of Risk
I acknowledge that hiking, camping, backpacking, fasting, and wilderness-based activities involve known and unanticipated risks that could result in physical or emotional injury, illness, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the experience.
These risks include, but are not limited to: slipping, falling, falling objects, water hazards, lightning, exhaustion, exposure to temperature and weather extremes (which can cause hypothermia, hyperthermia, dehydration, sunburn, or heat exhaustion), getting lost, encounters with wild animals or insects, contact with hazardous plants, consumption of contaminated food or water, equipment failure, improper lifting or carrying, my own physical condition, and the physical exertion associated with outdoor wilderness experiences.
2. Exposure to Infectious Diseases
I acknowledge that participation in group gatherings and wilderness programs may carry risks of exposure to infectious diseases, including but not limited to COVID-19. I understand that Wandering Bear Wellness will make reasonable, good faith efforts to minimize these risks but cannot guarantee prevention. I also recognize that pre-existing medical conditions, known or unknown, may increase vulnerability to injury or illness.
3. Participant Responsibilities
I understand that employees, contractors, and volunteers of Wandering Bear Wellness work diligently for participant safety but are not infallible. They may misjudge participant abilities, environmental conditions, or may give incomplete warnings or instructions. Equipment may also malfunction.
I expressly agree and promise to accept and assume all of the risks inherent in these activities. My participation is voluntary, and I choose to engage in these activities despite the risks.
4. Release of Liability
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Wandering Bear Wellness from any and all claims, demands, or causes of action related to my participation in these activities or my use of Wandering Bear Wellness facilities or equipment, including claims that allege negligent acts or omissions.
5. Indemnification for Legal Costs
Should Wandering Bear Wellness, or anyone acting on its behalf, incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. Insurance
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to personally bear the costs of such injury or damage. I further certify that I am physically capable of participating safely in these activities and assume responsibility for any underlying medical conditions.
7. Governing Law
I agree that any lawsuit arising from my participation shall be filed exclusively in Jefferson County, Washington, and governed by the laws of the State of Washington, without regard to its conflict of laws principles. If any portion of this agreement is found to be unenforceable, the remaining terms shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is injured or property is damaged during my participation, I may be found by a court of law to have waived my right to bring a lawsuit against Wandering Bear Wellness. I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms.