Waiver & Release of Liability

For ________________________________________ (specify Adventure) fossil hunting activity offered through Charleston Fossil Adventures, LLC (CFA). Please read carefully and fill in all blanks before signing at the bottom.

I, __________________________________________, hereby affirm that I have been advised and thoroughly informed of the inherent hazards of fossil hunting activities:

  1. Assumption of Risk: I acknowledge that fossil hunting activities have certain inherent risks including, but not limited to minor cuts and scrapes, bruises, sprains, exposure to sudden severe weather, poisonous plants, and bites/stings from venomous insects and animals, broken limbs, heat exhaustion, hypothermia, drowning, and even death. I further acknowledge that some locations may be remote, either by time or distance, or both, from immediate medical assistance. I understand that fossil hunting involves a certain fitness level for physical exertion including, but not limited to hiking long distances on loose sand, kayaking with and against strong currents, and carrying loads up to 50 lbs or more. I affirm that I know, understand, appreciate, and agree to assume responsibility for all inherent risks associated with fossil hunting.

  2. Waiver of Negligence: In consideration of my participation in this trip, I hereby personally assume all risks in connection with the aforementioned Adventure for any harm, injury, or damage that may befall me during the entirety of the Adventure. I acknowledge that this release is on behalf of myself (the signer), spouse, heirs, administrator, and assigns. I understand and agree that neither my instructor (Ashby Gale), Charleston Fossil Adventures, LLC, nor the employees, volunteers, agents, sponsors, independent contractors, insurance carriers, or equipment suppliers thereof (hereafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my willing participation in this fossil hunting activity. I hereby release CFA from any and all claims, even if the event is a result of ordinary negligence of the provider.

  3. Indemnification: I agree to indemnify, reimburse, defend, and hold harmless said course and Released Parties from any claims or lawsuit made by me (the participant), or any others arising out of injury, as well as claims made by co-participants, rescuers, and others arising from conduct of the participant during participation.

  4. Photography & Video Release: I agree to be videotaped, digitally and audio recorded for any promotional materials (hereafter referred to as the “Product”) made for CFA. I grant CFA the right to simulate, render, draw, and/or recreate my likeness. I waive all rights to view and/or approve any recordings or photographs of me before they are used in the Product. I grant CFA the right to reproduce, publish, copy, and distribute the photos, audio, and video recordings of me according to the parameters of the Product. I understand that I will not be compensated for these copies or their sales or distribution, and waive the right for any payment, royalties, or compensation of any kind for the aforementioned conditions.

  5. Health & Safety: I acknowledge that I have disclosed any conditions that could increase my likelihood of experiencing injuries while engaging in this activity. I further agree to adhere to all safety rules and instructions of the activity, management, and instructor, and wear all safety gear required of me. I hereby grant permission to receive first aid care, including, but not limited to minor treatments, CPR and AED use, and emergency transport. I further authorize sharing medical information with medical personnel and assume all costs involved.

  6. Arbitration Clause: In the event of injury or loss, I agree not to sue Charleston Fossil Adventures, LLC or its owner, Ashby Gale. I also agree to settle all claims and disputes arising under or relating to this agreement through binding arbitration in the state of South Carolina or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

  7. I understand that I may be required to furnish my own equipment and that I am responsible for its safe operating condition and maintenance.

  8. I further state that I am of lawful age and am legally competent to sign this liability release, or that a legal adult or guardian is signing on my behalf.

  9. Severability Clause: I understand that the terms of this agreement are contractual and that if any provision of this agreement or the application thereof is held invalid or unenforceable by a court of competent jurisdiction in any respect, then (to the extent permitted by law) the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

BY SIGNING BELOW I AGREE I HAVE READ AND UNDERSTAND THE AGREEMENT. I UNDERSTAND I AM RELINQUISHING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF FOSSIL HUNTING OR FROM ORDINARY NEGLIGENCE OF THE PROVIDER. I AFFIRM THAT I AM VOLUNTARILY PARTICIPATING IN THIS ACTIVITY AND AM VOLUNTARILY SIGNING THIS AGREEMENT WITH THE FULL INTENT OF RELEASING THE PROVIDER OF LIABILITY FOR INJURY OR LOSS DUE TO THE INHERENT RISKS OF THE ACTIVITY OR DUE TO THE ORDINARY NEGLIGENCE OF THE PROVIDER.

 

SIGNATURE: ___________________________________________________                   DATE: __________________________

EMERGENCY CONTACT: __________________________________________                PHONE #: __________________________

LIST FULL NAMES OF ANY MINORS HERE: ________________________________________________________________________ __________________________________________________________________________________________________________

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