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Participant Assumption of Risk and Indemnification

As of

and in consideration for the services provided by Wendy Figone, an individual, and SOMATICECOTHERAPY, and their respective board members, agents, officers, volunteers, participants and employees (collectively “WFSE”), I, 

an individual, and on the behalf of my spouse/partner, children, parents, heirs, assigns, personal representatives and estate, hereby indemnify and hold WFSE harmless against any and all claims for damages (both direct and indirect) resulting from physical and/or emotional injury to myself and/or my property and/or the person and property of any third-party persons arising from or relating to outdoor activities organized by WFSE, including allegations of negligence or omissions of WFSE (the aforementioned damages hereinafter referred to as “Losses”).

Losses also include any obligations, judgments, liabilities, penalties, violations, fees, claims, losses, costs, demands, damages, liens, encumbrances and expenses including reasonable attorneys’ fees and costs.

I hereby acknowledge that activities occurring outdoors in natural areas may entail known and unanticipated risks (“Risks”) that could potentially result in Losses.  Such Risks may include, but are not limited to: slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with such activity.

I certify to have adequate insurance to cover any Losses resulting from Risks suffered while participating, or, alternately, to have the financial wherewithal to bear the costs of such Losses personally.  I further certify that I assume all Risks relating to any medical or physical condition I may have, irrespective if such condition has or has not been disclosed to WFSE.

This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of California, notwithstanding choice of law provisions thereof; the venue of any arbitration or litigation commenced hereunder shall be the city and county of San Francisco, California.  In the event that any proceeding is commenced involving the interpretation or enforcement of the provisions of this Agreement, the party prevailing in such proceeding shall be entitled to recover its reasonable costs and attorneys’ fees.  This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, legal representatives and permitted assigns.

My participation in this activity is purely voluntary, and I elect to participate regardless of the Risks.  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.

Thanks for registering to our event. See you there!

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