Version: April 13, 2020
PARTICIPANT AGREEMENT INCLUDING RISK ASSUMPTION, LIABILITY RELEASE, AND INDEMNIFICATION AGREEMENT
This Agreement affects legal rights! Please read BOTH PAGES carefully. Please ask if you have any questions.
For the services of Apex Youth Connection, Inc. (“Apex”), a Maine non-profit corporation, I (the participant, and the participant’s parent(s) or guardians(s), if the participant is a minor) agree as follows:
1. ACTIVITIES AND RISKS: Apex activities may include but are not limited to biking (road, mountain, and course biking); hiking; camping; trainings; classes; meeting and socializing, including at Apex’s building or property; STEM programming; fixing bicycles; overnight and day field trips; out-of-Maine trips; community service projects; career readiness and exploration; socializing with peers or adult mentors; playing games; traveling in vehicles; swimming; rock climbing; and other adventure-based or hands-on activities, which may involve fundraising or going to public places (“Activities”), individually or collectively, as the context may require.
Participating in the Activities may be physically, mentally, and emotionally challenging. Risks include but are not limited to biking hazards, such as sewer gratings, gravel, logs, and debris; inclement weather or other forces of nature; my lack of fitness or judgment; hitting or being hit by objects; falling while climbing; my own or others’ negligence; failure to wear a helmet or other protective gear; failure to follow directions; stress; fatigue; overexertion; accidents; drowning; pathogens and diseases, such as Lyme Disease, from other people or animals, including mosquitos or ticks; social encounters that may spread illness, such as flu or Covid-19; sunburn; dehydration; scrapes or bruises; sore feet or muscles; sprains or strains; broken bones; spine injuries; heat- or cold- related illnesses; cardiac or respiratory arrest; getting lost; disability; and even death. Medical services or facilities may be limited or unavailable. Many other risks, injuries, and illnesses, including unknown or unanticipated ones, exist.
2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK: I freely acknowledge and assume all risks, inherent or otherwise, inconvenience, harm, injury, loss, disability, or death that may occur to me or any person, or my or any property, arising directly or indirectly from, or related in any way to, at any time, my participating in any way with Apex or the Activities—including free time and travel to or from the Activities, Apex, or property, whether owned by Apex or a third party—even if caused by me, other participants, or the negligence of Apex, its owners, directors, employees, volunteers, contractors, or any persons or entities affiliated with it or acting on its behalf, land owners/managers, municipal or government providers of use permits, or their respective employees, officers, or directors, individually or collectively, as the context may require. I fully assume the risks of using any equipment or property that Apex, a contractor, or a third party provides.
I take responsibility for my own safety, preparedness, and well-being at all times! I understand that Apex does not require me to participate in the Activities. I want to participate despite the possible dangers and risks and despite this Agreement. Apex cannot and does not guarantee safety or eliminate all risks. Apex is not obligated to, and may not know how or be able to, provide medical care. If I am injured, I give permission for others, including Apex, to administer first aid, seek medical assistance, and call my emergency contact, as needed. This Agreement shall apply to the fullest extent allowed by law to any claim whatsoever because of first aid treatment or services rendered to me, even if caused by the negligence of Apex or others. I assume all costs of any medical services provided to me, including any costs associated with evacuation. I have consulted with a medical doctor with regard to my personal medical needs. There are no health-related reasons or problems that preclude or restrict my participation in the Activities, except those (if any) that I have disclosed, or will disclose, in writing to Apex. I have arranged, through medical insurance or otherwise, to meet any and all needs for payment of medical costs while I participate at Apex or in the Activities.
3. LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT: I agree to release (meaning I agree not to sue), indemnify (meaning I agree to pay or reimburse, including damages, costs, settlements, and attorney’s fees), hold harmless, and defend Apex, its owners, directors, employees, volunteers, contractors, and all persons or entities
affiliated with it or acting on its behalf, land owners/managers, municipal or government providers of use permits, and their respective employees, officers, and directors, individually or collectively, as the context may require (“Released Parties”), from any and all liabilities, claims, causes of action, and demands that arise in any way from, or are in any way related to, at any time, any inconvenience, injury, death, loss, damage, or harm to me, to any other person, or to any property, in connection, directly or indirectly, with my participation with Apex or in the Activities or travel to or from Apex or the Activities. THIS INCLUDES CLAIMS FOR THE NEGLIGENCE OF THE RELEASED PARTIES, OTHERS, OR MYSELF, WRONGFUL DEATH, STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES, BREACH OF CONTRACT, AND ANY OTHER TYPE OF SUIT. The indemnification and defense include claims brought, at any time, against Released Parties by—or on behalf of—me, my child, or others. This Agreement is intended to be enforced to the fullest extent that the law permits only and does not include claims of grossly negligent acts or omissions or any other claims or liabilities not permitted under Maine law.
4. STANDARDS OF CONDUCT: I will comply with the Apex rules, standards, and instructions, including WEARING A BICYCLE HELMET whenever I am riding. I agree that Apex has the right to enforce its standards of conduct described, in its sole judgment, and that Apex may impose sanctions, up to and including expulsion from Apex or Activities, for violating these standards or for any behavior detrimental to or incompatible with the interests, harmony, or welfare of Apex or other participants. Apex has the right to make changes at any time to the format and administration of its standards of conduct or its programs.
5. INDEPENDENT CONTRACTORS: I understand and agree that Apex does not control any contractors providing
services for Apex and does not assume responsibility for their actions.
6. SEVERABILITY AND ENTIRE AGREEMENT: If a court or other appropriate authority finds any part of this Agreement to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect. Any invalid provision shall be modified or partially enforced, as the case may be, to the maximum extent permitted by law to carry out the purpose of the Agreement. This Agreement is the entire Participant Agreement between Apex and me, except that it does incorporate any other written terms and conditions between Apex and me, written standards of conduct between Apex and me, and signed agreements between Apex and me. I waive any claims I might have for breach of contract or warranty for statements or representations made outside this Agreement, except for those mentioned in the previous sentence.
7. APPLICABLE LAW; FORUM; ATTORNEY’S FEES: The laws of the State of Maine (not including its choice-of-law or conflict-of-law rules or laws that apply or might apply the laws of another jurisdiction) shall exclusively govern this Agreement and any dispute. I consent to jurisdiction in Maine and agree that any suit, mediation, or arbitration arising from or in any way related to this Agreement shall be filed and occur only in the State of Maine. Any suit shall be filed exclusively in the Superior or District Court of Cumberland County, in Portland, Maine, or in the U.S. District Court for Southern Maine. If I contest the validity of this Agreement and do not prevail, I agree to pay all attorney’s fees and costs of Apex in litigation.
I HAVE READ AND UNDERSTOOD AND VOLUNTARILY AGREE TO THIS ENTIRE PARTICIPANT AGREEMENT and agree that it shall bind my (and as applicable my minor child’s) heir(s), estate(s), executor(s), representative(s), subrogee(s), administrator(s), and/or guardian(s).
_________________________________________|____________|______________________________ SIGNATURE (Participant) DATE PRINTED NAME
If Participant is under 18 years of age or otherwise a minor, include signatures of all parents/legal guardians:
_________________________________________|____________|______________________________ SIGNATURE (Adult Legal Guardian #1) DATE PRINTED NAME
_________________________________________|____________|______________________________ SIGNATURE (Adult Legal Guardian #2) (if any) DATE PRINTED NAME
Version: April 13, 2020 Apex Youth Connection 2