PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK
THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK (THE “RELEASE”) TAKES EFFECT WHEN THE INDIVIDUAL [PARTICIPANT] SIGNS THIS RELEASE FORM BEFORE THE PILGRIMAGE. BY CLICKING ON SUCH ["I ACCEPT”] BUTTON, PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS READ AND UNDERSTANDS THIS RELEASE.
IF PARTICIPANT DOES NOT AGREE TO THESE TERMS, THE LEADER CAN DETERMINE WHETHER TO ALLOW THE PARTICIPANT TO JOIN THE PILGRIMAGE.
Participant desires to join in this Pilgrimage of Hope, and abide by the Pilgrimage Code of Conduct (listed below). Participant agrees to all the terms and conditions set forth in this Release.
PARTICIPANT IS AWARE AND UNDERSTANDS THAT PILGRIMAGES ARE A POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE LEADER OR BY ANY COLLABORATING ORGANIZATION, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS ANY SUCH COLLABORATING ORGANIZATION. NOTWITHSTANDING THE RISK, THE PARTICIPANT ACKNOWLEDGES THAT IT IS KNOWINGLY AND VOLUNTARILY PARTICIPATING IN PILGRIMAGES OF HOPE AND THE ORGANIZED PILGRIMAGES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM PILGRIMAGES OF HOPE AND SUCH PILGRIMAGES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY LEADER OR COLLABORATING ORGANIZATION OR OTHERWISE.
To the fullest extent permitted by applicable law, Participant hereby expressly waives and releases any and all claims, now known or hereafter known, against the Leader or Collaborating Organizations, and any affiliates thereof, and their respective officers, directors, manager(s), employees, agents, volunteers, representatives, successors and assigns (collectively, the “Released Parties”), arising out of or attributable to Pilgrimages of Hope and any Pilgrimages, including without limitation, on account of injury, disability, death, or property damage, whether arising out of the ordinary negligence of the Released Parties or otherwise. Participant covenants not to make or bring any such claim against the Released Parties, and forever release and discharge the Released Parties from liability under such claims.
Participant shall defend, indemnify, and hold harmless the Released Parties 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, incurred by the Released Parties, arising out or resulting from any claim of a third party related to Participants participation in the Pilgrimages of Hope, or any Pilgrimages that are organized therefor, including any claim related to the ordinary negligence of the Released Parties.
As an individual participant in the Pilgrimages of Hope, the Participant hereby consents to receive medical treatment deemed necessary if Participant is injured or requires medical attention during Participant’s participation in any Pilgrimages. Participant understands and agrees that Participant is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Participant hereby releases, forever discharges, and hold harmless the Released Parties from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement 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 Released Parties and Participant 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 where any and all Collaborating Organizations are established without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of 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 the Collaborating Organizations’ establishment and Participant hereby consents to the exclusive jurisdiction of such courts.