Outdoor Leadership Training Center

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 Kalamazoo College Outdoor Programs provides wilderness medicine courses. Further, I understand and acknowledge that the activities of the program have risks, including certain risks which are inherent. 

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, accidental injury, illness, or, in extreme cases, permanent trauma, disability or death. The following describes some, but not all, of the inherent risks of Kalamazoo College Outdoor Programs wilderness medicine courses:

• Injuries due to moving, lifting, bending, and carrying
• Effects of participation in outdoor programs: Additional risks include allergic reactions, psychological distress, hypothermia, hyperthermia, sunburn, heatstroke, dehydration, and other mild or serious conditions. Exposure to the natural elements can be uncomfortable or harmful
• Wilderness travel: Travel within the program by foot is often in rugged terrain and may occur on steep slopes in which participants could fall from a height, slip, become disoriented and lost, become separated from the group, dislodge rocks and be hit from rocks falling from above

Bottom line: There are risks associated with the activities of Kalamazoo College Outdoor Programs! It is the responsibility of the participant to familiarize themselves with the activities of the program and the nature of the risks associated with those activities before participating.

I have read and understand the Kalamazoo College Outdoor Programs promotional materials. Kalamazoo College and Outdoor Programs office staff have been available to more fully explain the nature and physical demands of the activities in which I will be engaged, and certain inherent and other risks of my activity with Kalamazoo College and Outdoor Programs. 

ACKNOWLEDGEMENT AND ASSUMPTION OF THE RISK RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Kalamazoo College and Outdoor Programs has put in place preventative measures to reduce the spread of COVID-19 and is meeting all guidelines developed by the Center for Disease Control, the state of Michigan Health Department, and Kalamazoo College; however, Outdoor Programs and Kalamazoo College cannot guarantee that you will not become infected with COVID-19. Participation in programs could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in programs and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at programs conducted by Outdoor Programs may result from the actions, omission, or negligence of myself and others, including, but not limited to College employees, other students, vendors or affiliates and their families.

ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT AND OTHER RISKS

I understand and acknowledge that the description above (“Activities and Risks”) of the inherent risks of my activities is not complete and that other, including unknown or unanticipated, risks, inherent and otherwise, may result in property loss, 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, AND 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 minor participant for whom I sign, as follows:

I HEREBY RELEASE AND HOLD HARMLESS AND AGREE NOT TO SUE KALAMAZOO COLLEGE, OUTDOOR PROGRAMS, ITS OFFICERS, TRUSTEES, AGENTS, AND STAFF INCLUDING EMPLOYEES, VOLUNTEERS AND INTERNS (“RELEASED PARTIES”), with respect to any and all claims of loss or damage to person or property by reason of 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 (“INDEMNIFY” MEANING TO DEFEND, AND TO PAY OR REIMBURSE, INCLUDING COSTS AND ATTORNEY’S FEES) RELEASED PARTIES against any 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 minor Participant, in connection with my, or the 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 minor participant for whom I sign, as follows:

Medical information:

I have verified with my or the minor participant’s physician and other medical professionals, or otherwise satisfied Kalamazoo College Outdoor Programs, that I, or the 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 school.

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 and which require staff to provide first aid and possibly more advanced procedures, employing Wilderness Medicine training. Any third-party medical care provider is authorized to exchange pertinent medical information with Kalamazoo College Outdoor Programs. Costs reasonably associated with the medical services, including evacuation, shall be borne by me.

Photo waiver:

Kalamazoo College may use my or the minor participant’s name and photo or other image 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.

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.