As the Crow Flies, LLC
RELEASE OF LIABILITY/LIABILITY WAIVER FORM
Voluntary participant: I, the undersigned, as the adult participant ("Participant") and/or parent/guardian on behalf of a minor participant ("Minor Participant"), if any, hereby acknowledge I am voluntarily participating in an activity for which As the Crow Flies, LLC, is furnishing equipment and/or services and which requires physical exercise, including cycling (the “Activity”). I hereby acknowledge and accept that the Activity and undertakings associated therewith, may be physically and emotionally challenging, and that my participation in the Activity may involve physical contact with others, use of and proximity to equipment and other dangerous apparatus, and exposure to all types of risk. I acknowledge and agree that the Activity may involve certain inherent risks associated with the location, nature, and terrain, including, but not limited to, all forces of nature, equipment failures, slips and falls, wildlife, the negligence of others, risk of travel over extreme mountainous or alpine terrain, transportation risk, exposure to and contracting communicable diseases and viruses, including but not limited to COVID-19, becoming lost or separated from other As the Crow Flies employees, organizers, guides, instructors, or other participants, accidents or illnesses occurring in remote places without medical facilities, Participant(s) own physical condition; and the physical exertion associated with this Activity, and I expressly acknowledge that I am participating in the Activity at my own risk. I also agree to abide by any decision of any As the Crow Flies parties regarding my ability to safely participate in the Activity. I further acknowledge and agree that my participating in any Activity may be terminated immediately if any of the As the Crow Flies Parties believe, in their sole discretion, that I am unable to safely complete the Activity for any reason or that I am under the influence of alcohol or drugs. By participating in the Activity and executing this Release of Liability, I represent that I am in good health and physical condition and do not suffer from any disability which would prevent my safe participation in the Activity.
Release, Waiver of Liability, and Indemnity Provisions
In consideration of my participation in the Activity, I, Participant and/or parent/guardian of Minor Participant, agree on behalf of myself, my heirs, executors, administrators, and personal representatives and those of Minor Participant ("Releasing Parties") to hereby irrevocably, unconditionally, and forever release, acquit, discharge, hold harmless, and indemnify (i.e., defend and pay any judgment and costs, including attorneys' fees and related expenses) the As the Crow Flies Parties, as well as, where applicable, the state of North Carolina, the Town of Boone, the Town of Beech Mountain, Watauga County, Avery County, the U.S. Forest Service, the United States of America and any other governmental agency, whether federal or state, or other entities who may have an interest in any trail or road on which the Activity takes place, along with any and all directors, officers, trustees, members, managers, staff, employees, volunteers, agents, personal representatives, heirs, attorneys, successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities, whether herein named or not ("Released Parties") from any and all charges, actions, complaints, causes of action, claims, liabilities, obligations, promises, controversies, damages, suits, proceedings, expenses, attorney fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activity.
I further acknowledge and agree that the Released Parties shall have no liability or obligation to Releasing Parties with respect to, arising from, related to, or in connection with Releasing Parties participation in the Activity. I represent and warrant that I am eighteen (18) years of age or older, or if a Minor Participant, have obtained my parent or guardian's written consent to participate in the Activity and execute this Agreement, am under no legal incapacity to execute this Agreement and intend to be bound by its terms, and that I have read this Agreement and fully understand the terms and provisions hereof (including, without limitation, that this is a release of liability and indemnity agreement), and that I intend to be bound by this Agreement. I agree that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of this Agreement, and I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held void or unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of this Agreement shall continue in full legal force and effect.
Representation The Participant represents and warrants that to the best of the Participant’s knowledge the Participant and/or Minor Participant is not currently and has not within the last 14 days been exhibiting any signs or symptoms of COVID-19. The Participant represents and warrants that Participant and/or Minor Participant has not been diagnosed with COVID-19 in the last 21 days and shows no symptoms of any illness. If executing this Waiver more than 3 days prior to Participant’s activity, Participant agrees to update As the Crow flies upon checking in for the scheduled activity.
Media Release
I, Participant and/or parent/guardian of Minor Participant, agree on behalf of myself or on behalf of Minor Participant, to hereby irrevocably give As the Crow Flies and its respective licensees, agents, affiliates, successors, and assigns and/or others working on its behalf my permission and grant to As the Crow Flies the right, to film, record, and photograph me and/or Minor Participant according to the terms and conditions set forth in this Agreement. I hereby grant and license to As the Crow Flies a perpetual royalty-free license to use any photographs or video of me as they see fit only for the promotion of the As the Crow Flies’ services.
Medical Emergencies
I hereby give permission to the As the Crow Flies Parties to contact emergency services for help or directly provide me with emergency medical treatment or First Aid, whether or not the As the Crow Flies Parties have contacted my emergency contact, and give permission to a licensed physician or other licensed medical provider or first responder to provide proper treatment, including but not limited to emergency transportation, treatment, hospitalization, injection, anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the As the Crow Flies Parties from any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) against the As the Crow Flies Parties for obtaining or administering First Aid or emergency medical services for me pursuant to this authorization and waiver.
I AM AWARE THAT THE ACTIVITY MAY BE DANGEROUS AND THAT I COULD SUSTAIN SERIOUS INJURY, DEATH, OR EXPOSURE TO A COMMUNICABLE DISEASE. I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE THAT THIS PROVISION CONCERNS A SUBSTANTIAL RIGHT. I FURTHER AGREE TO ASSUME ANY AND ALL RISKS OF ACCIDENT, BODILY INJURY, DEATH, EXPOSURE TO A COMMUNICABLE DISEASE, OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND EVEN IF ARISING FROM THE NEGLIGENCE OF THOSE PERSONS RELEASED FROM LIABILITY BELOW, WITH THE EXCEPTION OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THE TERMS OF THE AGREEMENT ARE CONTRACTUAL AND NOT A MERE RECITAL, AND SIGN IT OF MY OWN FREE WILL. I ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON THE PARTICIPANT AND MINOR PARTICIPANT.