Acknowledgment and Assumption of Risks I understand and agree to the acknowledgment and assumption of risks, agreement of release and indemnity, and the additional provisions below.
In consideration of the services of Ananda College, its agents, employees, board members, and contractors, I agree and acknowledge as follows:
Although Ananda College has taken reasonable steps to provide me with appropriate equipment and skilled staff for the program for which I have enrolled, I acknowledge that the activities of the program have risks, including certain risks that cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of these activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability, or death. I UNDERSTAND THAT ANANDA COLLEGE DOES NOT WANT TO FRIGHTEN ME OR REDUCE MY ENTHUSIASM BUT CONSIDERS IT IMPORTANT FOR ME TO KNOW IN ADVANCE WHAT TO EXPECT AND TO BE INFORMED OF THE ACTIVITIES’ INHERENT RISKS. The following describes some, but not all, of those risks.
● During this program participants often travel out of doors and are subject to numerous risks, environmental and otherwise. Activities include, but may not be limited to, hiking and trekking in remote areas with a diversity of weather conditions.
● Travel may be by vehicle, aircraft, and/or on foot on trails, including gravel paths and downed timber. Attendant risks include, but may not be limited to, collision, falling, and others usually associated with backcountry travel, including environmental risks. To prevent injury and/or infection during organized activities, participants are required to wear shoes at all times.
● Environmental hazards include unpredictable forces of nature such as storms or reaction to local foods and drinking water. Possible injuries/illnesses include dehydration, diarrhea, and other mild or serious conditions.
● Decisions are made by the instructors and participants based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to reasonable errors in judgment. Misjudgments may pertain to, among other things, a participant’s capabilities; cultural, environmental, terrain, weather, and natural hazards; routes; and medical conditions.
● Participants, including minors, will occasionally have unsupervised free time. Free time activities are not part of the program and are at the sole risk of the participant. Ananda College has no responsibility for such activities.
● Ananda College programs in foreign countries may be exposed to organisms, diseases, and infections not common to the United States; in addition, these programs may be subject to dangerous road travel, demonstrations, thievery, and other such incidents.
I am aware that Ananda College activities include risks that could lead to injury or death. I understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury, or death. I agree to assume responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with knowledge of the inherent risks.
I further acknowledge that I have responsibility beyond my personal health and well being—I am also responsible to help ensure a positive experience for the whole group. I possess at least the following qualifications, which are prerequisites to my participation in this program:
● I have read and understand the general information and other material provided by Ananda College describing or related to this program.
● I have verified with my physician and other medical professionals, or otherwise satisfied with Ananda College, that I have no past or current physical or psychological condition that might affect my participation in the program, other than as described on the medical form.
I represent that I am fully capable of participating in the program, without causing harm to others or myself. Therefore I, and my parents or guardian, if I am a minor, assume and accept full responsibility for myself and for injury, death, and loss of personal property and expenses suffered by me and them as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence or otherwise wrongful conduct in participating in these activities.
II. In addition: Agreement of Indemnity and Release
In consideration of my being allowed to participate in this program, I and, if I am under 18 years of age, my parents or guardian, acknowledge and agree that I (we) have read and understand the Acknowledgement and Assumption of Risks, above, and confirm its representations and agree to all its provisions as though they were fully set forth again here. In addition, except with respect to an injury or loss that occurs on public lands whose rules and regulations prohibit doing so, I (we) acknowledge and assume all risks of the program and any other activity of Ananda College, whether those risks are known or unknown, inherent or otherwise.
I agree, as follows:
a) To release and discharge Ananda College, its agents, employees, board members, contractors, and all other persons or entities associated with it and its activities (individually and collectively hereinafter referred to as “Ananda College”) from all claims, liabilities, and losses whatsoever asserted by or on behalf of me, or by my parents or guardian, in any way arising from or related to my enrollment or participation in an activity of Ananda College (including transportation and occurrences to and from the activity or the use of Ananda College equipment or facilities). This release includes loss or damage claimed to be caused in whole or in part by the negligence of Ananda College. I (or we, the parents or guardian) understand that in signing this document, I (we) surrender all rights to make a claim or file a lawsuit against Ananda College for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory, except in cases of intentional wrongs or the gross negligence of Ananda College.
b) To defend, hold harmless, and indemnify Ananda College from any claim, and from any liability, loss, damages or expenses (including attorney’s fees) resulting from a claim brought by a fellow participant, rescuer, or any other person for loss or damage caused by my conduct.
III. The following provisions apply to both the Acknowledgment and Assumption of Risks and the Agreement of Indemnity and Release:
I further agree as follows:
Ananda College is authorized to obtain or provide emergency hospitalization, surgical, or other medical care for me.
In the case of a personal evacuation, withdrawal or dismissal from the program, I understand it is my responsibility to cover all expenses that occur. This includes but is not limited to costs associated with the transportation, medical expenses, additional lodging, and meals. I understand that I am required to show proof of purchase of travel insurance prior to the start of the program.
Any dispute between Ananda College and me and/or my parents or guardian shall be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the State of California, and any mediation or suit shall occur or be filed only in the State of California.
If I or my parents or guardian have any legal dispute with Ananda College that cannot be settled through discussions between the parties, I (or we, the parents or guardian) will attempt to settle the dispute through mediation before a mutually acceptable mediator whose name appears on the registry of names recognized by California courts as qualified persons for mediation assignments. To the extent mediation does not result in a resolution, the dispute will be submitted to binding arbitration. I also agree to pay all costs and attorneys’ fees incurred by Ananda College in defending a claim or suit, if the claim or suit is withdrawn, or to the extent a court or arbitration determines that Ananda College is not responsible for the injury or loss.
If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of the agreement nevertheless will be in full force and effect.
This agreement is entered into voluntarily, after careful consideration, and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children, and other family members.