NEW MEXICO BACKPACKERS MEETUP GROUP
WAIVER AND RELEASE FOR PARTICIPATION IN ANY GROUP ACTIVITIES
In signing below, I understand that I am waiving and surrendering, to the fullest extent permitted by law, any right or claim for liability that I now have or may have against the New Mexico Backpackers Meetup Group, its organizers, agents, or other persons participating in the New Mexico Backpackers Meetup Group (collectively, the “Group”), in consideration for my participation in any of the Group activities or events.
The Group’s purpose and focus is to bring together people who share an interest in backpacking and related activities. The Group is not organized as a profit venture. Fees may be charged to cover actual costs associated with various activities or events. However, none of the organizers, agents or other persons participating in Group activities has received a fee, wage or salary for their involvement in the group.
I have freely and voluntarily determined to participate in activities of the Group. In doing so, I understand that backpacking and other activities require physical and mental fitness. I am personally and exclusively responsible for determining that my physical and mental condition is sufficiently good to permit my participation in any Group activity in which I decide to participate. If I have any questions regarding the nature of any activity, including its degree of difficulty, equipment needs, or any other matters, I will ask the organizer of the event before embarking on the activity. My embarkation on an activity is my representation that all my questions have been answered to my satisfaction. I will provide and be satisfied with the integrity of the equipment I am using to participate in a Group activity. If I borrow equipment from the Group, I will do so knowing that the equipment is lent without warranty of any kind, including but not limited to fitness for a particular purpose, integrity of equipment, and so forth. My participation in any activity shall serve as my representation that I am physically and mentally able and prepared to participate in the activity and have sufficiently equipped myself for the activity.
I agree to follow and abide by any rules set down by the Group organizer(s) involved in the particular activity. I understand that the Group organizer(s) must have discretion in determining whether a person may participate in an activity or should continue to participate. I agree to abide by any determination of the Group organizer(s) in this regard.
I understand that Group activities will have inherent challenges and dangers. Accidents and injuries may or will occur. These challenges and dangers include, but are not limited to, falls, rockfalls, washouts, avalanche, flood, lightning, snowstorms, hail, rains, winds, icy and other difficult footing, strenuous activity, and various other natural and manmade events and activities. These and other dangers could result in injury to me or my property, or even death. I assume all risks associated with these dangers and specifically release and waive, to the fullest extent permitted by law, any claims I may have against the Group, its organizers, its agents, and other persons participating in the Group, arising from these dangers and from my participation in the activities of the Group. I also agree to immediately inform the Group organizer(s) of any physical or mental problems I may experience. I agree to abide by any determination by the Group organizer(s) regarding my continued participation in any activity. I also agree that, should I suffer injury and/or incapacity, the Group organizer(s) or any other person who may be attempting to act in my best interests, shall be authorized, but shall not be required, to undertake efforts on my behalf to stabilize or treat the injury or incapacity, to evacuate me from the backcountry, and undertake other actions that they deem appropriate. In such matters, I waive and release any claim I may have against such persons to the fullest extent permitted by law, and shall immediately repay or hold harmless such persons for any financial or other liability they may incur as a result of their efforts.
Without limiting any more specific provisions of this agreement, in consideration for being able to participate in any Group event(s), I covenant and agree not to sue, and further agree to indemnify and hold harmless the Group, for any claims, injury, demands, losses, or costs of any nature, relating to, arising from or arising out of my participation in any Group event(s).
The authorizations, waivers and releases set forth herein are binding upon me, my heirs, successors, conservators, personal representatives and assigns.
This agreement is governed by the laws of the State of New Mexico. I submit to the jurisdiction of New Mexico. Any matter relating to, arising from or arising out of this agreement, disputes regarding this agreement, or my participation in any activities of the Group, shall be determined by a court situated in Bernalillo County, New Mexico, whether State or Federal.
I certify and warrant that I am at least 18 years of age and am fully competent to execute and agree to the terms of this agreement.
THIS IS THE SOLE AGREEMENT BETWEEN THE GROUP AND ME WITH REGARD TO THE MATTERS CONTAINED IN THIS AGREEMENT. I have freely signed this agreement and fully understand its terms. I understood, before signing, that I had an opportunity to have my own lawyer review this agreement and either did so or freely waived such right.
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SignatureDate
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Printed Name
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Address Backpacking Group Screen Name
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Telephone Number
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Witness Signature
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Printed Name of Witness