ADVENTURE QUEST DAY CAMP — ACTIVITIES AND RISKS

PARTICIPANT AGREEMENT: INCLUDING ASSUMPTION OF RISKS AND AGREEMENTS OF RELEASE AND INDEMNITY

Please read this document carefully. It must be signed by all participants. “Participant” includes adult and minor participants and includes anyone participating in the program, including but not limited to leaders, staff, alumni, and guest instructors. If the participant is a minor (under the age of 18) at least one parent or guardian (referred to below as “Parent”) must also sign, as evidence of Parent’s acknowledgement and agreement to the following, on Parent’s behalf and on behalf of the minor participant. In consideration of the services provided by Kalamazoo College Outdoor Leadership Training Center, I agree to the following: 

ACTIVITIES AND RISKS

I understand that the Adventure Quest Day Camp operated by Kalamazoo College Outdoor Leadership Training Center, involves participation in a variety of outdoor education activities, which may include hiking, geocaching, shelter building, fire building, games, and nature exploration. I further understand and acknowledge that participation in these activities involves certain inherent risks.  Inherent risks cannot be eliminated without destroying the unique character of an activity. The same elements that contribute to the unique character of an activity can cause loss or damage to equipment, personal injury, illness, or, in extreme cases, permanent trauma, disability or death. These inherent risks include but are not limited to the following:

• Physical activity risks, such as injuries resulting from hiking over uneven or slippery terrain; tripping on roots, rocks, or other natural features; or lifting and carrying objects during shelter or fire building
• Environmental exposure, including risks associated with sunburn, dehydration, heat exhaustion, hypothermia, rain, cold, wind, and other weather conditions
• Contact with plants and animals, including but not limited to: exposure to ticks (and associated risk of tick-borne illnesses such as Lyme disease), bees or other insects; poisonous plants such as poison ivy, poison oak, or stinging nettles; and encounters with wildlife such as deer, raccoons, snakes, or other animals
• Fire risks, including minor burns or smoke inhalation during supervised fire-building activities
• Navigation and separation risks, including the possibility of becoming disoriented or briefly separated from the group during hiking or geocaching activities
• Emotional or psychological distress, including discomfort from outdoor conditions or group dynamics
• Equipment risks, including injuries due to improper use of tools or gear provided for camp activities

Participants are expected to follow all safety instructions, remain with the group, wear appropriate clothing and gear, and exercise personal responsibility and care throughout the program.

ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT AND OTHER RISKS

I have read the “Activities and Risks” section above and approve participation for myself or my dependent minor. I understand and acknowledge that the description above “Activities and Risks” is not complete and that other, including unknown or unanticipated, risks, inherent and otherwise, may result in property loss, personal injury, illness or death. I acknowledge that my participation in this program is purely voluntary, and I wish to participate in spite of and in knowledge of the inherent and other risks involved. I ACKNOWLEDGE AND ASSUME THE INHERENT RISKS DESCRIBED ABOVE AND ALL OTHER INHERENT RISKS OF MY ACTIVITY. IN ADDITION, I EXPRESSLY ASSUME ALL RISKS OF ENROLLING AND PARTICIPATING IN A PROGRAM, INHERENT OR OTHERWISE, WHETHER OR NOT DESCRIBED ABOVE.

AGREEMENTS AND RELEASE OF INDEMNITY

If I am an ADULT participant, or the parent of a minor participant I agree, for myself and on behalf of the dependent minor participant , as follows:

I HEREBY INDEMNIFY AND HOLD HARMLESS AND AGREE NOT TO SUE KALAMAZOO COLLEGE, OUTDOOR PROGRAMS[LV4] , ITS OFFICERS, TRUSTEES, AGENTS, AND STAFF INCLUDING EMPLOYEES, VOLUNTEERS AND INTERNS (“RELEASED PARTIES”), from and against any and all claims of loss, damage to person or property, and expenses including attorney fees arising out of, or resulting from claims by or judgment from injury, disability, death, or otherwise, suffered by me or by a minor participant for whom I sign, arising in whole or part from my, or the minor participant’s, enrollment or participation in any activity of Kalamazoo College Outdoor Programs. I AGREE FURTHER TO INDEMNIFY RELEASED PARTIES against any liability claim by a member of my, or the minor participant’s, family, a rescuer, another participant, or any other person, arising in whole or part from an injury or other loss suffered by me or caused by me, or by the dependent minor Participant, in connection with my, or the dependent minor participant’s enrollment or participation in an activity of the Kalamazoo College Outdoor Programs.

THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE.

OTHER PROVISIONS

If I am an ADULT participant or the parent of a minor participant I further agree, for myself and on behalf of the dependent minor participant , as follows:

Medical information:

I have verified with my or the dependent minor participant’s physician and other medical professionals, or otherwise satisfied Kalamazoo College Outdoor Programs, that I, or the dependent minor participant, have no past or current physical or psychological condition that might affect my, or the minor’s, participation in the program, other than as described on the health form submitted. I am, or the minor is, able to participate without causing harm to myself, or to himself or herself, or to others. The medical information given is accurate and all pertinent medical conditions have been disclosed. Prior to the trip, Kalamazoo College Outdoor Programs will be informed of any medical condition that has not been previously disclosed. I understand that admission of me or the minor participant to the trip is not intended as a representation that the Kalamazoo College Outdoor Programs  staff will be able to manage successfully a medical event or emergency related to a disclosed, or undisclosed, medical condition. The responsibility for determining a participant’s ability for a course is not Kalamazoo College’s or Outdoor Programs’ but, rather, the participant’s, guided by family and her or his physician. Kalamazoo College Outdoor Programs reserves the right to refuse admission or remove a participant from a course for any reason it deems in the best interests of the participant or the program.

I agree to adhere to policies related to preventing the spread of COVID-19 such as mask-wearing and social-distancing. I acknowledge and assume the inherent risk of contracting COVID-19 at the event even with these preventive safety measures in place.

Kalamazoo College Outdoor Programs is authorized to obtain or provide emergency hospitalization, surgical or other medical care for me, or for the minor participant. I understand that situations may arise in which third-party medical care is not available which then requires Kalamazoo College Outdoor Program staff to provide first aid and possibly more advanced procedures, employing Wilderness Medicine training. I hearby consent in advance to such emergency care, including hospital care, as may be deemed necessary under the circumstances and to assume the expenses of such care. I also authorize any third-party medical facility to release any and all information required to complete insurance claims and also authorize insurance payment directly to the medical facility.

Photo waiver:

I authorize Kalamazoo College Outdoor Programs to record the image and voice of the subject named on this form in promotional materials and press releases.

Damages, loss or theft:

I agree to be responsible for any damage I, or the minor participant, may cause to facilities gear. Kalamazoo College Outdoor Program is not responsible for loss, theft or damage to a participant’s personal belongings stored at Kalamazoo College Outdoor Programs facilities.

Venue:

This agreement shall be governed, construed and enforced in accordance with the laws of the State of Michigan. Any action concerning any dispute arising hereunder shall be filed and maintained only in a state or federal court sitting in the State of Michigan. The parties’ execution of this agreement shall be considered as consent and submission to the jurisdiction of the state and federal courts in Michigan.

Conclusion:

This agreement constitutes the entire agreement and understanding between the parties regarding the subject matter described, shall be considered a complete and exclusive statement of the terms thereof, and supersedes all previous agreements with respect to the subject matters covered by this Agreement. No modification or amendment to the agreement shall be valid unless in writing, signed by the party against whom such alteration or modification is sought.

If any provision of this agreement is determined to be invalid or unenforceable, the other provisions of the agreement shall remain valid and enforceable in accordance with their respective terms, and any such invalid or unenforceable provision shall be modified by a court of competent jurisdiction to render such provision valid and enforceable.

This Agreement may be executed and delivered by facsimile or electronic transmission, in one or more separate counterparts, each of which when executed and delivered shall be deemed an original, but all of which together shall constitute the same agreement.

I have carefully read this agreement and understand its contents. I am aware this is an assumption of risk, waiver and a release of liability and I sign it voluntarily. I also understand that this is a consent of permission for my dependent minor to participate in all activities outlined for the program.

THE PARTICIPANT AND THE PARENT(S) OR GUARDIAN OF A MINOR PARTICIPANT HAVE READ THIS PAGE AND THE PREVIOUS PAGES OF THIS DOCUMENT AND UNDERSTAND AND VOLUNTARILY AGREE TO ITS TERMS, WHICH SHALL BE BINDING UPON THEM, THEIR HEIRS, ESTATE, EXECUTORS AND ADMINISTRATORS. THE AGREEMENT MAY BE MODIFIED ONLY IN WRITING.