In consideration of the services of Hilltown Sleddogs, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SLED"), I hereby agree to release, indemnify, and discharge SLED, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Guided hiking with sled dogs, Dog Sled Tours, activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: losing control of the dogs may result in collisions with other sleds and/or manmade and natural objects such as bridges, trees, rocks, cliffs, streams and other obstacles; inclement weather, hypothermia, frostbite, avalanches; falling into a crevasse; equipment failure; accidents from dog sled tipping over; accidents; my own physical condition, and the physical exertion associated with this activity; possibility of avalanche, being stuck in the snow, possibility of being stuck in the mud, transmissible pathogen or disease; a dog irrespective of its training and usual past behavior and characteristics, may act or react unpredictably at times based upon instinct or fright; dogs may bite or scratch; traveling to and from activity locations raises the possibility of any manner of transportation accidents.
Furthermore, SLED personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SLED from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SLED's equipment or facilities, including any such claims which allege negligent acts or omissions of SLED.
4. Should SLED or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against SLED, I agree to do so solely in the state of Massachusetts, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SLED on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SLED. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of the following minor(s) being permitted by SLED* to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SLED* from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).