Description and Acknowledgement of Risks
4. The Parties understand and acknowledge that:
a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life
b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming
c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction
d) (COVID-19) The COVID-19 disease has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, participating in the Activities could increase the Participant’s risk of contracting COVID-19
5. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The Parties understand that the Organization may fail to safeguard or protect the Participant from the risks, dangers and hazards of the Activities, some of which are listed below. The risks, dangers and hazards include, but are not limited to:
a) Health: executing strenuous and demanding physical techniques; physical exertion; overexertion; stretching; dehydration; fatigue; cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and fractures, spinal cord injuries; bacterial infections; rashes; bodily injuries due to landscape terrain; the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria, parasites or other organisms or any mutation thereof
b) Premises: terrain hazards which may lead to collisions with trees, rocks, fences, ruins, bridges and man-made objects; falling down cliffs, slopes, gullies, ditches, pits, or depressions; possibly being caught in watercourse hazards or streams, rivers, ponds and lakes; dangerous, unsafe, or irregular conditions on the ground or other surfaces; remoteness of the location and possible inability of rescue services or medical assistance to come easily or quickly; travel to and from the premises
c) Weather: extreme weather conditions such as rain, sleet, hail, or snow which may cause unstable surfaces/footing and/or hypothermia; excessive hot or humid weather which may cause heat stroke, heat exhaustion, and/or disorientation
d) Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within my own ability
e) Contact: contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury; encounters with aggressive wildlife such as bears, coyotes, dogs, elk, deer, moose, snakes, ticks or wasps, which could result in injury; encounters with plants that produce allergic reactions
f) Advice: negligent advice regarding the Activities
g) Ability: failing to act safely or within the Participant’s own ability or within designated areas
h) Cyber: privacy breaches; hacking; and technology malfunction or damage
i) Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants
j) Travel: travel to and from the Activities