Photo Waiver Form:
I hereby grant permission to the staff of Ashwick Plantation, to take and use: photographs and/or digital images of me for use in news releases, educational, and/or promotional materials. These materials might include printed or electronic publications, Web sites or other electronic communications. Ashwick Plantation will not reveal my name in descriptive text or commentary in connection with the image(s). I authorize the use of these images without compensation to me. All negatives, prints, digital reproductions shall be the property of Ashwick Plantation.
Liability and Assumption of Risk Waiver:
I do hereby affirm that I have been fully informed of the hazards and risks associated with the recreational activity generally described as Ashwick Plantation, including the use of equipment associated therewith in which I am about to engage. Inherent hazards and risks include, but are not limited to:
- Risk of injury from the activity and equipment is significant.
- Possible equipment failure and/or malfunction of my own or others’ equipment.
- This activity takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, encountering objects either natural or manmade, exposure to animals with the attendant risk of kicking, biting, shying away, running off, or otherwise moving in an unanticipated manner causing injury.
- Attack by or encounter with insects, reptiles, and/or animals.
- Accidents or illness occurring in remote places where there are no available medical facilities.
- Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
I understand the aforementioned description of these risks is not complete and unknown or unanticipated risks may result in injury or illness. Release of Liability, Waiver of Claims and Indemnity Agreement in consideration for being permitted to participate in the activity(ies) described above and related activities, I hereby agree and acknowledge and appreciate that: I understand the nature of the activities I will engage in as described above.
I understand there are risks of injury associated with these activities. I acknowledge and voluntarily assume the risks of illness and injury associated with these activities, inherent and otherwise, and whether or not described above, including those which may result from the negligent acts or omissions of other participants or staff.
- I hereby release, indemnify and hold harmless with respect to any and all injury, or loss or damage to person or property, Ashwick Plantation, its owners, officers, directors, agents, representatives, employees and volunteers and the owner or owners of the property on which the activity is conducted (the Released Parties) from, and agree to not sue them for any liability for causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury or property damage arising from the above activities whether caused by active or passive negligence of the Released Parties or otherwise, claims and demands of any kind and nature whatsoever that may arise out of or relate in any way to my participation in the Ashwick Plantation (the “Provider’s”) programs.
- The claims hereby released and indemnified include, but are not limited to claims of other participants and of members of Participant’s family or associates and claims of negligence of a released party, but not the claims of gross negligence or willful injury.
- I accept responsibility for any expenses that may be incurred for any illness or injury that may result from my enrollment or participation in the Provider’s programs, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury that I may sustain through my participation in the Provider’s programs.
- I am physically able to safely participate in Ashwick Plantation. My participation in this activity is purely voluntary, no one is forcing me to participate, and I have elected to participate in spite of the risks.
- I am not currently under the influence of alcohol, illegal drugs, or impairing legal drugs.
- By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Released Parties, other than what is set forth in this Agreement.
I understand that Ashwick Plantation may refuse participation in its activities to any person that its owners, agents, or employees deem a hazard to themselves or others. Ashwick Plantation may alter its published or announced requirements for participation in its activities and for use of its property at any time and for any reasons that it may deem appropriate. Ashwick Plantation reserves the right to use voice, video, photographic, or other images of Participant(s) for future marketing, educational, or other purpose, and Participant hereby consent to such use, without compensation. I agree the laws of the State of Massachusetts govern this agreement and that the courts with jurisdiction in Massachusetts shall have jurisdiction in my dispute that may arise between Participant and Ashwick Plantation. I have read, fully understand, and hereby agree to the terms of this agreement, voluntarily and with knowledge of the activities and their risks. I acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representatives, and estates. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I have read this release of Liability and Assumption of Risk Agreement, and I fully understand its terms, and understand that I have given up legal rights by signing it, and I sign it freely and voluntarily without inducement.