The individual named below (referred to herein as "Child") desires to participate in one or more outdoor adventure programs, including without limitation after school programs, camps, mountain biking, or other events, activities or programs (collectively, the "Activities") provided, offered or sponsored by Maine Outdoor Kids, LLC, a Maine limited liability company with offices located at 315 Portland Rd., Gray, ME 04039 ("Company"). I, the undersigned, am a legal guardian for the Child and am legally responsible and authorized to sign this agreement on the Child’s behalf. In consideration of the Child being permitted by the Company to participate in the Activities and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this legally binding instrument ("Release").
I hereby make the following warranties and representation with respect to the Child’s participation in the Activities:
a) The Child is physically and mentally capable of attendance and participation in the enrolled Activities and associated equipment.
b) I will work with the Child to comply with all recommended safety precautions, instructions, and procedures.
c) I will provide the recommended gear and clothing for the Child’s participation in the Activities.
d) If I have any questions about the Activities or whether the Child is physically or mentally capable of participating, it is my sole responsibility to do whatever research or inquiry is necessary to make that determination.
e) I acknowledge that 100% of the Activities occur outdoors and that there are inherent risks that may be involved and understand that changes in location or schedule, or cancellations, may occur due to inclement weather.
f) I understand and agree that any and all equipment that the Child will use in the course of participation in the Activities that I supplied by me or by the Child shall be in good working order for the duration of the Activity. I understand that any mechanical failure, including but not limited to popped tubes/tires on bikes, may result in the Child’s inability to participate.
g) In the event of an emergency in which I, or any emergency contact listed on this form cannot be reached, I authorize the Company to make medical decisions for my child, and to administer first aid and over-the-counter medications if deemed necessary.
h) I have alerted the Company in writing of any allergies the Child has, including food allergies.
i) If the Child requires a prescription medication during the program duration, I authorize the Company to carry and/or administer the medication to the Child, if necessary. If the Child will be carrying and self-administering any medications, I will provide written verification from their primary care physician indicating their ability to safely do so.
j) I understand and agree that the Company expressly reserves the right to withdraw the Child’s registration from, or expel the Child from, any Activity based on the Child’s or my own improper behavior, conduct or use of equipment, with the sole and final determination of the same being the responsibility of the Company.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES TO THE CHILD AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS TO THE CHILD AND/OR MYSELF. I ACKNOWLEDGE THAT ANY INJURIES THAT THE CHILD MAY SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PERMITTING THE CHILD TO PARTICIPATE IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE CHILD’S PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its members, managers, employees, agents, instructors, coaches, caregivers, volunteers successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to the Child’s participation in the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Maine law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Child’s participation in the Activities.
I hereby consent to the Child receiving medical treatment deemed necessary if the Child is injured or requires medical attention during the Child’s participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of the Company and I with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and I and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cumberland County, Maine and I hereby consent to the exclusive jurisdiction of such courts.
