ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter ‘Document’) carefully. All participants in the Southern Terminus Shuttle (including assisting volunteers) must sign this Document. For participants under 18 years of age (hereafter sometimes ‘minor’ or ‘child’), one or both parent/s or guardian/s (hereafter collectively ‘parent/s’) must also sign.
The CDT Southern Terminus Shuttle is organized to provide safe access to the official Southern terminus of the Continental Divide Trail (CDT). The Southern Terminus is located on the border of New Mexico and Mexico in the Big Hatchet Mountains on Bureau of Land Management federal lands in the bootheel of New Mexico. Crazy Cook LLC, as well as other partners, producers, volunteers, and independent contractors contribute to this activity. In consideration of the services of Crazy Cook LLC and all other individuals, sponsors, producers, and organizers, and each of their respective officers, directors, employees, agents, representatives, volunteers, affiliates, independent contractors, and all other persons or entities associated with them, including those driving the shuttle or providing water in the water caches (collectively referred to in this Document as ‘Crazy Cook LLC’), allowing me to participate in Southern Terminus Shuttle, I (participant and parent/s of a minor participant) understand and agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
The Southern Terminus Shuttle only provides transportation to the CDT and does not bear any responsibility or liability for activities that take place beyond that service. The Southern Terminus Shuttle (which may be scheduled or unscheduled, supervised or unsupervised and include free time) may lead to activities including, but not limited to: hiking; backpacking; trail construction or maintenance; camping; participation in work or service projects related to the CDT; and travel to and from these activities (referred to in this Document as ‘activities’).
I (and my Parent/s, if I am a minor) acknowledge that the inherent and other risks, hazards, and dangers (referred to in this Document as ‘risks’) of these activities can cause injury, damage, death or other loss to a participant or others. Parent/s of minor participants agree to discuss the nature of these activities and risks with their child and give their child permission to participate in all activities.
Risks may result in participants: falling; being struck by lightning or objects; colliding with objects or people; experiencing vehicle or boat collision, capsize, or rollover; reacting to high altitudes and weather conditions; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause hypothermia, hyperthermia, dehydration, frostbite, heat stroke or exhaustion, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis, concussions, mental or emotional trauma or other injury, damage, death, or loss.
I (participant and parent/s of a minor participant) understand that Crazy Cook LLC representatives are, and have been available should I have further questions about these activities or the associated risks. If the participant has any mental, physical, or emotional conditions or limitations which might affect his/her ability to participate, I agree to disclose these before booking the shuttle and represent that the participant is fully capable of participating without causing harm to him/herself or others. I understand that Crazy Cook LLC representatives and associates cannot assure participant’s safety or eliminate any of these risks. Participants are voluntarily participating with knowledge of the risks. Therefore, participants (and parent/s of minors) assume and accept full responsibility for the participant, for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death, or other loss suffered by the participant (and parent/s of minors), resulting from those risks, and/or resulting from the participant’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent/s for themselves and for and on behalf of their participating child) agree as follows:
1.) to release and agree not to bring suit, demands, actions rights of action against Crazy Cook LLC, its owners, operators or associates, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim/s’) for any injury, damage, death, or other loss in any way connected with my/my child’s enrollment or participation in Crazy Cook LLC activities, or use of any equipment, facilities and/or premises. I understand that in signing this Document, I, my child, and anyone acting on my or my child’s behalf, surrender our respective rights to make a claim against Dion Pagonis, Andrea Pagonis, Crazy Cook LLC, associates, employees or volunteers for any injury, damage, death, or other loss suffered by me or my child;
2.) to defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) Crazy Cook LLC with respect to any and all claim/s brought by or on behalf of me, my child, a family member, a co-participant or any other person for any injury, damage, death, or other loss in any way connected with my/my child’s enrollment or participation in Crazy Cook LLC activities, or use of any equipment, facilities and/or premises.
This Release and Indemnity Agreement includes claim/s resulting from Crazy Cook LLC’s negligence (but not its gross negligence or willful, wanton, or criminal misconduct) and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment, or treatment), property damage, products liability, breach of contract, or any other claim.
I (participant and parent/s of a minor participant) agree that New Mexico substantive law (without regard to its conflict of laws rules) governs this Document, any dispute I have with Crazy Cook LLC, Dion Pagonis, Andrea Pagonis, and all other aspects of my relationship with Crazy Cook LLC, and that any mediation, suit, or other proceeding must be filed or entered into only in New Mexico. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable New Mexico mediator. I authorize Crazy Cook LLC or federal land management agency staff, agents or representatives, other program participants, or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility and to provide treatment they consider necessary for my/my child’s health. I agree to the release (to or by Crazy Cook LLC) of any medical records necessary for treatment, referral, billing, or other purposes. I agree to pay all costs associated with medical care, and/or evacuation or other costs. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
Participant and parent/s of a minor participant: I have carefully read, understand and voluntarily sign this Document and acknowledge that it will be effective and binding upon me, my minor children and other family members, and my heirs, executors, representatives, subrogees, and estate.
COVID-19 LIABILITY WAIVER
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Crazy Cook LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Crazy Cook LLC cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.
I voluntarily seek services provided by Crazy Cook LLC and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
- I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not traveled internationally within the last 14 days.
- I have not traveled to a highly impacted area within the United States of America in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Crazy Cook LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from Crazy Cook LLC. I understand that this release discharges Crazy Cook LLC from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Crazy Cook LLC. This liability waiver and release extends to the salon together with all owners, partners, and employees.