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BOSTON MOUNTAINEERS ASSOCIATION, INC.
MEMBERSHIP APPLICATION AND
PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
To apply for BMA Membership and participate in BMA activities, please read the following two page document carefully and in its entirety before signing it. All BMA participants must sign this document. For participants under 18 years of age, a parent or legal guardian must sign.
PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
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BOSTON MOUNTAINEERS ASSOCIATION, INC., A MASSACHUSETTS NON-PROFIT CORPORATION, (HEREINAFTER “BMA”) IS NOT RESPONSIBLE FOR ANY AND ALL INJURY, DISABILITY, DEATH, PROPERTY DAMAGE OR LOSS TO ANY PERSON SUFFERED WHILE PARTICIPATING IN ANY ACTIVITY PLANNED, SPONSORED AND MANAGED BY BMA FOR ANY REASON WHATSOEVER, INCLUDING NEGLIGENCE ON THE PART OF BMA OR ANY OF ITS DIRECTORS, OFFICERS, ORGANIZERS, GROUP LEADERS, MEMBERS, EMPLOYEES, VOLUNTEERS, OR AGENTS OF BMA, OR ANY OTHER HIKER, GUEST MEMBER, OR PERSON PRESENT AT OR PARTICIPATING IN ACTIVITIES PLANNED, SPONSORED AND MANAGED BY BMA.
IN CONSIDERATION of my participation in BMA activities, by entering my personal information and signature in the accompanying form, I HEREBY WAIVE AND RELEASE FROM LIABILITY AND COVENANT NOT TO SUE BOSTON MOUNTAINEERS ASSOCIATION, INC., its directors, officers, organizers, group leaders, members, employees, volunteers, agents of BMA, or any other hiker, guest member, or person present at or participating in activities planned, sponsored and managed by BMA (collectively “the Released Parties”), from any and all present and future claims resulting from negligence on the part of BMA or any of its directors, officers, organizers, group leaders, members, employees, volunteers, or agents of BMA, or any other hiker, guest member, or person present at or participating in BMA activities for any and all injury, disability, death, property damage or loss, arising as a result of my participation in any and all of activities planned, sponsored and managed by BMA and any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from negligence of the releases or otherwise, both present and future, that may be made by me, my family, estate, heirs, or assigns, personal representatives.
ACKNOWLEDEMENT AND ASSUMPTION OF RISKS: I ACKNOWLEDGE that there are inherent dangers, hazards and risks (collectively “Risks”) associated with BMA activities that can cause or lead to injury, disability, death, or loss or damage to person or property of participants and others. I acknowledge that the Risks of BMA activities mean those dangerous conditions are an integral part of BMA activities. I acknowledge that activities of BMA include, but are not limited to hiking, backpacking, camping, trailing, mountaineering, climbing in snow or rain and cold or hot weather conditions, wilderness emergency training, first aid and rescue, participation in volunteer service, transportation or travel to and from activities, meetings. Risks assumed include but not limited to:
Risks present in an outdoor, mountainous or wilderness environment on land or water, both on and off trails.
Risks in decision making such as misjudgment of weather or participant’s capabilities, health, route, etc.
Personal health and participation risks which should be judged and decided solely by a participant who is entirely responsible for his or her judgment, regardless of any advice or recommendation given by BMA.
Risks of equipment misuse, breakdown, failure or malfunction.
Risks of remote place activities that may cause potential delays and difficulties of communication, transportation, medical care, risk of several hours or days of delay for receiving a medical care.
Risks connected with camping chores such as food allergies, fuel explosion and burns, contaminated water.
Risks associated with transportation to and from initial meeting points to trail starts.
Risks regarding conduct including participant(s) or third parties may act carelessly and recklessly or get into a fight, and risks of getting a citation for violating no smoking or no pet rules of a trail regulation.
Other risks that are generally associated with mountain trail hiking activities and management activities.
These and other risks which may not be fully identified hereby may result in participant’s falling, slipping, being struck, colliding with objects or people, car accident, drowning, reacting to weather conditions or increased exertion, suffering gastro-intestinal complications or allergic reactions, becoming lost or disoriented or other problems. These and other circumstances may cause hyperthermia, hypothermia, frostbite, dehydration, burns, heart or lung complications, broken bones, concussions, paralysis, mental or emotional trauma, or other injury, disability, death, property damage or loss.
I AM AWARE that children who are 8 years old or younger are not recommended to participate in any BMA activity, particularly under severe weather conditions such as cold, snow or rain storm, or in any BMA activity with difficulty rating higher than 3 (out of 5 where 1 is least difficult) as posted by BMA. Parents or guardians are fully responsible for their children’s safety and welfare during the entire time of participation.
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PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT continued
(Page 2 of 2)
I AM VOLUNTARILY PARTICIPATING in this and future activities of BMA with knowledge of the Risks and hereby agree to accept any and all inherent Risks of any personal injury, disability, death, property damage or loss.
I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS BMA and any of the Released Parties listed above for any and all claims arising as a result of my participating in any and all of activities planned, sponsored and managed by BMA, or any activities incidental thereto, wherever, whenever, or however the same may occur.
I HEREBY GRANT to BMA and the Released Parties the unlimited right to obtain, use and publish all images of me or the minor for whom I sign, created by anyone participating BMA activities, in any means they may choose.
I UNDERSTAND that this waiver is intended to be as broad and inclusive as permitted by the General Laws of the Commonwealth of Massachusetts, and agree that if any portion is held invalid, the remainder of this waiver will
continue to be in full legal force and effect. I further agree that the venue for any legal proceedings shall be in the
I AFFIRM that I am of legal age and freely signing this agreement. If I am a minor, my parent or guardian is signing this agreement. I have read this form fully, or have been impartially informed by translation of contents and meanings of statements in this form, and I fully understand that by signing this form, I am giving up legal rights and/or remedies that may be available to me for the negligence of BMA or any of the parties listed above.
WARNING: SIGNING THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
+++++++++++PLEASE FILL OUT ALL ITEMS LEGIBLY BY EACH APPLICANT/PARTICIPANT.+++++++++++
By signing and submitting this AGREEMENT, signer is also submitting his or her BMA Membership Application.
NAME (ENGLISH):
NAME (KOREAN):
DATE OF BIRTH: / /
ADDRESS:
HOME PHONE:
MOBILE PHONE:
EMAIL ADDRESS:
NAME OF EMERGENCY CONTACT (ENGLISH):
NAME OF EMERGENCY CONTACT (KOREAN):
EMERGENCY CONTACT’S MOBILE PHONE:
SIGNATURE
SIGNATURE: DATE:
PARENT OR GUARDIAN’S NAME:
ADDRESS:
SIGNATURE OF PARENT/GUARDIAN: DATE: