Full Assumption Of Risk And Release Of Liability Related To Participation In Activities Form
READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND THE OBSIDIANS, AN OREGON NONPROFIT CORPORATION WITH 501(c)(3) STATUS. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS FULL RELEASE COVERS THIS ACTIVITY, IN ITS ENTIRETY, IN WHICH YOU ELECT TO PARTICIPATE BY SIGNING BELOW.

IF THE PARTICIPANT IS A MINOR, A PARENT/LEGAL GUARDIAN MUST SIGN A PAPER COPY OF THIS RELEASE AS WELL.

In consideration of being allowed to learn from and participate in any of the outdoor recreational and educational activities and/or programs (collectively “Activities”) sponsored by Obsidians, you acknowledge and agree as follows:

I. POTENTIAL RISKS. Participation in outdoor activities involves risks. It is not possible to compile a complete listing of the risks. However, they include the possibility that you may suffer serious, even fatal, injury or illness. By signing this form, you acknowledge that you understand that there could be dangers involved in the Activities you will be participating in, including, but not limited to:

Slips Trips, Falls, Missteps, Capsizing Risks
• Slips, trips, missteps, and falls related to loose, rocky, muddy, leafy, uneven footing, and variable snow and ice conditions; loose hand and footholds; roots, rocks, metal, wood and rock steps and water bars, and those that are wet, muddy, or covered with loose material, snow, frost, ice, moss or algae.
• Slips, trips, missteps, and falls related to crossing or circumnavigating objects blocking the path of travel including fallen trees and tree parts, landslides, rockslides, boulders, snow or ice avalanches.
• Falls related to snow-covered or otherwise hidden cavities, including crevasses, volcanic fumarole pits, melt-out zones near boulders and cliff edges, tree pits
• Falls or other incidents related to failure of ice and/or snow covered flowing or stationary water.
• Falls down steep slopes and cliffs of any kind (soil, rock, snow, ice) or into holes, cracks, crevasses.
• Falls related to failure of unstable cliffs and steep slope edges including tree pit and stream pit edges.
• Falls or other incidents related to still or moving water (e.g., stream and river crossings, waves, tides) where footing may consist of unstable and/or slippery rocks, logs and other tree parts naturally or artificially placed, and bridges in poor condition.
• Falls or incidents related to currents in deep or shallow water flows including high and low-gradient streams and rivers, variable daily flow rates related to snow melt, water release from reservoirs, tidal flows, rainfall, and flash floods.
• Falls related to road hazards: uneven pavement, potholes, loose material, debris, railroad tracks, excess speed, slippery surfaces related to weather conditions.
• Falls related to unstable watercraft, docks.
• Capsizing or sinking in moving or still water.
• Incidents related to entering or being fully or partially submerged in stationary bodies of water without a flotation device (e.g., lakes, ponds, lagoons).
Impact Risks
• Impact by falling objects and materials including, but not limited to, rocks, ice, snow, trees and tree parts, animals, meteorites, space debris, dropped or thrown equipment, broken or damaged equipment.
• Impact by objects transported in streams, rivers, tidal flows, waves, and other moving water.
• Impact and/or burial by snow or ice avalanche, rockslide, landslide,
• Impact by moving pedestrians, animals, bicycle riders, skiers, all types of motorized conveyances.
• Impact with stationary or moving objects related to excess speed, loss of control, judgement error, lack of capability, equipment failure, equipment loss.
Weather Risks
• Variable weather conditions.
• Exposure to rain, freezing mist, snow, hail, fog, cloud-related mist, humidity.
• Exposure to lightning, wind and wind-related phenomena, blowing dust.
• Exposure to temperature extremes, intense sunshine, whiteout conditions.
Equipment Risks
• Use of certain equipment: ice axes and ice tools, crampons, snow pickets, ice screws, ropes, rock climbing protection, climbing anchors, webbing, trekking poles or ski poles, knives, scissors, and other sharp objects.
• Use of certain hand tools: saws, axes, hatchets, shovels, McClouds, Pulaskis, rakes, pruners, loppers, and other hand tools.
• Use of motorized tools and equipment: saws, drills, sanders, mowers, string and brush trimmers, leaf blowers, and other motorized tools and equipment.
• Use of canister and liquid fuel stoves, and foods and liquids heated in them, matches and flammable liquid or gas lighters.
• Transportation of equipment to and from location of the activity.
Biological and Physical Risks
• Animals, poisonous and non-poisonous: stinging and biting invertebrates, biting and clawing vertebrates, biting or stinging cartilaginous fish.
• Allergic reactions: plant-related contact dermatitis, food allergy, bite or sting allergy.
• Contact with, inhalation of, and/or ingestion of pathogens, noxious substances, spoiled food.
• Altitude-related illness.
• Lifting and/or moving heavy and/or large objects.
Human Risks
• Actions, or lack thereof, by the participant or by other non-leader participants in the activity, regardless of type of activity or local environment.
• Actions, or lack thereof, by third parties or non-participants in the vicinity of the activity, regardless of activity type or local environment.
• Failure of non-leader participants and third parties to comply with local, state, and federal laws and regulations.
• Discharged weapons by third parties: bullets from firearms, other ballistic projectiles, archery equipment.
Personal Conduct and Equipment Risks
Participants may be exposed to risks associated with personal conduct or lack of personal preparation, including, but not limited to:
• Failure to comply with instructions or directions given by activity leader(s).
• Failure to comply with local, state, and federal laws and regulations.
• Insufficient training and/or experience, insufficient physical conditioning and capability, insufficient understanding of personal technical and physical capabilities.
• Lack of adequate or proper personal equipment, improperly maintained personal equipment, personal equipment in poor condition, personal equipment that has exceeded its safe use limits.
• Failure to use equipment as intended and/or required.
• Loss of dropped or forgotten personal equipment or other personal effects.
• Inadequate hydration and nutrition supply, inadequate hydration and food intake during activity including pre-activity meal (e.g., breakfast), excessive alcohol or illegal drug consumption before the activity.
• Disclosed or undisclosed medical conditions and/or physical limitations, inadequate or lack of necessary medication, medications that impact fitness and capability.
• Physical exhaustion, medical emergency, dehydration, overexposure to environmental conditions related to above Personal Conduct risks.
• Failure to notify leader of exhaustion, injury or illness during or ahead of the activity.

II. YOU ASSUME ALL RISKS. You acknowledge that you voluntarily, knowingly, and freely assume, and take full responsibility for all risks, known and unknown, related to your participation in Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate in any Activities with Obsidians and for deciding in which Activities you can safely participate. You represent that you are physically prepared and safe to participate in the Activities you choose to engage in with Obsidians, and that you have fully informed the activity leader of any condition that might affect your ability to participate in the Activities.
III. YOU RELEASE ALL CLAIMS AGAINST OBSIDIANS AND THE PERSONS LISTED IN PARAGRAPH IV. You hereby agree for yourself and for your heirs, relatives, representatives, estate, agents, and assigns, that you will not hold liable Obsidians, or any of the persons listed in Paragraph IV below, and that you will waive and release any claims, demands, or actions against them, for any damages to, or loss of, your property, or for your injury or death, which results from or arises in connection with any of the Activities of Obsidians including as a result of negligence by Obsidians or any of the persons listed in Paragraph IV other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct. You understand that this waiver includes a waiver of liability for acts of negligence. In addition, you agree to indemnify Obsidians and the persons listed in Paragraph IV for any claims made against them, on your behalf or otherwise, as a result of any damage to, or loss of, your property or as a result of your injury or death resulting from or arising in connection with the Activities of Obsidians including as a result of negligence by Obsidians or any of the persons listed in Paragraph IV other than that which occurs as a result of gross negligence, wanton or willful misconduct, or reckless or intentional conduct. In addition, persons listed in Paragraph IV shall not be liable for any injury or loss that occurs while traveling to or from Obsidians Activities, or from place to place during Obsidians Activities.

IV. THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS FULL RELEASE. The persons and organizations covered by this Full Release include: Obsidians and its directors, officers, members, staff, employees, volunteers, agents and representatives, and any others who participate in the Activities of Obsidians, or who volunteer for, or perform work for, Obsidians.
V. YOU AGREE TO ABIDE BY ALL OBSIDIANS POLICIES. You understand and agree that no pets, firearms, drugs, or alcohol are permitted on any Obsidians Activities.
VI. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT WHO IS YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your Child and your Child’s heirs, assigns, personal representatives, and next of kin in the same way and to the same extent as you do for yourself in this Full Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your,” are used in this Full Release, those terms shall be interpreted to cover the Child participant for whom you are signing.

VII. IF YOU CAUSE DAMAGE TO ANY ACTIVITY SITE, YOU AGREE TO PAY FOR ITS REPAIR. If you cause damage to the Activity site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Activity site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.

VIII. SUFFICIENT REVIEW. By signing this Release, you attest that you have had sufficient time to read this entire document and consult with legal counsel prior to signing, should you choose to. You understand that this activity may not be made available to you if you choose not to sign this Release.

IX. SEVERABILITY. If any provision of this Full Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Full Release, or the application of that provision to other persons or circumstances, must not be affected thereby.

X. GOVERNING LAW. This Full Release shall be interpreted according to the laws of the State of Oregon, and the parties’ consent to the personal jurisdiction of the Lane County Circuit Court in the State of Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.

THIS FULL RELEASE IS INTENDED TO PROTECT THE PARTIES IN PARAGRAPH IV FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY OREGON LAW.

I have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that I am giving up substantial legal rights.