HIKER PARTICIPATION AGREEMENT

AND

EXPRESS ASSUMPTION OF RISK AND RELEASE OF LIABILITY
PLEASE READ BEFORE SIGNING UP —
ALL PARTICIPANTS DO SO VOLUNTARILY

I agree that:

(a) I am physically able to complete this activity without modification, (b) I am at least 18 years old, and (c) I agree to the below Hiker Participation Agreement and Express Assumption of Risk and Release of Liability.

In consideration of Christine Kell of Gaining Space furnishing services and/or equipment to enable me to participate in Outdoor sport activities, including hiking, camping, and all aspects of outdoor travel, I agree as follows: I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers, and hazards and such exists in my use of recreational equipment including, hiking equipment, camping equipment and my participation in outdoor activities; (b) my participation in such activities and /or use of such equipment may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the employees, volunteers or agents of Gaining Space; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, staff decision making, including that staff may misjudge terrain, weather, trail or route location, and elevation level, risks of hypothermia and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the employees, officers, volunteers or agents of Christine Kell and/or Gaining Space.

I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Christine Kell and Gaining Space, its officers, employees, volunteers and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use winter recreational equipment including, hiking equipment, camping equipment or my participation in all outdoor recreation activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the officers, employees, volunteers or agents of Christine Kell and Gaining Space.  

The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Christine Kell and Gaining Space is a party shall be entered into in the County of Kings,  New York or the State Supreme Court in Kings County, New York. 

Christine Kell and Gaining Space reserve the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of Christine Kell and Gaining Space staff. I agree and am aware that as a condition of being allowed to participate in the activities of Christine Kell and Gaining Space, I will not consume any alcoholic beverages or other substance including, but not limited to any drugs or medication which would impair my senses before or while participating in any Gaining Space recreational activities and I hereby agree to wear all safety equipment provided to me at all times during the recreational activity. I also certify that am physically and mentally capable of participating in these activities.

This is a release of liability. Do not enroll in any Gaining Space event if you do not understand or do not agree with its terms..