Hinsdale County Facility AOR and Dietary Restrictions

Assumption of Risk and Dietary Restrictions

To attend a program at Deer Hill's Basecamp, you must agree to our Assumption of Risk (AOR). Additionally we will need to gather dietary information for our menu planning. Please have this form submitted 2 weeks prior to your visit in order for dietary restrictions to be accounted for!

Please List Student Dietary Restrictions and Allergies

View Assumption of Risk (AOR)*

View AOR

DEER HILL EXPEDITIONS: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

User Group Participants

INTRODUCTION: Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter, “Document”) carefully before signing. The adult participant (including attending User Group paid or volunteer leaders or other staff) must sign this Document. For participants under 18 yrs. of age (hereafter sometimes “minor” or “child”), one of the participant’s parents or legal guardians (collectively referred to in this Document as “parent”) must also sign. In consideration of the services of Deer Hill, Inc., dba Deer Hill Expeditions (also referred to in this Document as “DHE”) in allowing me/my child to participate, I (adult participant or parent of a minor participant) acknowledge and agree as follows: ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: Participating (whether simply attending, observing or actively participating) in DHE educational, instructional, adventure and/or recreation activities includes risks. Activities take place inside or outside Colorado, either on or off DHE premises (sometimes referred to in this Document as “Property”) Activities may include but are not limited to: hiking; backpacking; rock climbing or bouldering (indoors or outdoors on artificial surfaces or natural rock), high or low ropes or challenge course activities and mountaineering or peak ascents (all of which can include belaying and rappelling and use of ropes, harnesses and/or other technical gear); camping; mountain biking; orienteering; fishing; swimming; canoeing, kayaking, rafting or other boating; use of sweat lodges or campfires; leadership and wilderness first aid skills; athletic sports and games; socializing; service projects; use of any equipment, facilities or premises; and travel (for example) in cars, vans, buses and/or other vehicles, or by bike, boat, foot or other means (collectively referred to in this Document as “activities”). Activities (which may be provided or led by DHE staff, User Group Leaders, contractors or others) may be scheduled or unscheduled, structured or unstructured, supervised or unsupervised, and include activities undertaken during participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. The parent of a minor gives permission for their child to participate in all activities and agrees to discuss the nature of these activities and risks with their child. The following describes some, but not all of these risks: Risks present in an outdoor environment. These risks include travel in high altitude (up to or above 14,000 ft.), mountainous, wilderness and desert terrain both on and off trail, and on land or water. Participants’ travel may be subject to storms, including rain, lightning, snow or ice; currents, waves, or whitewater; extremely hot (including geothermal) humid or cold weather or water and rapid and unpredictable weather changes; fast moving rivers or other water bodies, including river crossings; falling or slippery rocks; boulder fields; falling or fallen timber; snow or mud slides; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; the unpredictable nature of wild or domestic animals and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable. Risks involved in judgment and decision-making. These risks include the risk that the participant or a co-participant, DHE staff member, User Group leader, contractor or other person may misjudge the participant’s (or others) capabilities, health or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions or water level or route location. Personal health and participation risks. The participant’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in these activities includes risks. DHE cannot anticipate or eliminate risks or complications posed by participant’s mental, physical (including fitness level) or emotional condition. Risks associated with any outdoor or athletic activity. These risks include the risk that a participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, rocks or trees or encounter other water/terrain/road/trail hazards; not understand the functioning of (or misuse) the equipment; fail to negotiate steep, uneven or difficult terrain; not control his or her speed or experience equipment malfunction. Risks connected with geographic location. Activities may take place in remote locations, several hours from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Although DHE staff, User Group leaders or contractors may have access to wireless communication devices (including cell/SAT phones), use of these devices in outdoor, mountainous or any other terrain is unreliable and inconsistent. Equipment risks. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. This includes participant’s personal equipment, DHE equipment or other equipment (whether purchased borrowed or rented). Participants choosing to bring and use their personal equipment (including any safety gear) assume full responsibility, along with their parent, for choosing appropriate equipment and for the fit and condition of their equipment. Safety gear (required or used for some activities) may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear. Participants who choose not to use safety gear understand they assume all risks in making that choice. Swimming and watercraft risks. Risks include hazards above and below water level; drowning or impacting the water bottom; slipping while entering or exiting a boat; or experiencing a boat capsize or collision. Premises risks. Boulders, slippery walkways, ponds and other water sources, uneven ground or other conditions exist in and around the Property. Firearms risks. Risks include being shot or struck by discharge (including malfunction) of a firearm, in areas off of DHE Property where firearms may be in use. Free time risks. Participants will have free or unsupervised time before, during or after activities and at other times. During all activities, all participants share in the responsibility for their own well-being. Risks regarding conduct. The potential that the participant, or other participants or third parties may act carelessly or recklessly. These risks may result in participants: falling partway or falling to the ground or into the water; being struck; colliding with or impacting objects, people, equipment or the bottom of a water body; experiencing vehicle/boat collision, capsize or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold waterimmersion, frostbite or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness (e.g. high altitude pulmonary or cerebral edema), heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, illnesses (including contracting animal/insect borne or contagious diseases), infections, cuts, wounds or other injury, damage, death or loss. I (adult participant or parent of a minor participant) further acknowledge and agree: • DHE representatives are available should I have further questions about these activities or the associated risks; • participant is fully capable of participating without causing harm to him/herself or others; • the information provided above is not complete, other unknown or unanticipated activities, risks and outcomes may exist, and DHE cannot assure participant's safety or eliminate any of these risks; • if participant is borrowing or renting new or used equipment from DHE, the equipment comes "AS-IS," and DHE disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) regarding the equipment; • DHE may contract with independent contractors (not its employees or agents) to provide or conduct some services and activities participants may engage in. DHE does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, although DHE may provide information to participants regarding local recreation opportunities, participants (and parent/s of minors) are fully responsible for investigating and assessing these or other independent opportunities they choose to engage in. • Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of these activities, and for any injury, damage, death or other loss suffered by participant (and parent of a minor) resulting from those risks, including the risk of participant’s own negligence or other misconduct. RELEASE & INDEMNITY AGREEMENT: Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent for myself and for and on behalf of my participating minor child) agree: 1) to release and agree not to sue Deer Hill, Inc. dba Deer Hill Expeditions, Deer Hill Foundation, Inc. and each of their respective owners, officers, directors, employees, agents, representatives and volunteers, and property owners (including Doug and Beverly Capelin), and all other person/s or entity/s affiliated with any of them (hereafter individually and collectively the “Released Parties”) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter “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 these activities, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against the Released Parties, bind my/my child’s estate and any family member/heir/other party bringing claim/s, and agree that neither I, my child nor anyone acting on my or my child's behalf, will make a claim against the Released Parties as a result of 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) the Released Parties, with respect to any and all claim/s brought by or on behalf of me, my participating child or spouse, my/my child’s other family member/s, heir/s or estate, 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 these activities, including use of any equipment, facilities or premises. This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties’ negligence (but not any of their willful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim. OTHER PROVISIONS: I (adult participant or parent of a minor participant) agree that Colorado substantive law (without regard to its "conflict of laws" rules) governs this Document, any dispute I or my child have with the Released Parties and all other aspects of my or my child’s relationship with the Released Parties, contractual or otherwise, and agree that any mediation, suit or other proceeding must be filed or entered into only in Montezuma County, Colorado. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator. DHE reserves the right to dismiss any participant that staff believe, in their discretion, presents a safety, behavioral or other concern. I authorize DHE staff, volunteers or other medical personnel to obtain or provide medical care for participant, to transport participant to a medical facility, and to provide treatment they consider necessary for participant’s health. I agree to pay all costs associated with that care and transportation. I authorize DHE to take my or my child’s photo, statement and/or audio or video recording and use it for sale or reproduction for any promotional or other purpose. 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 enforceability of other provisions, and the remaining provisions shall continue in full force and effect.

AOR*

Adult participant or parent of a minor participant agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and my/my child’s other family members, heirs, executors, representatives, subrogors, assigns and estate. The adult participant must sign below. If participant is a minor (those under 18 yrs. of age in Colorado) a parent or legal guardian must sign below.

Signature of Participant

Name of Participant*

First Last

Date of Signature

Signature of Parent or Guardian

Name of Parent or Guardian

First Last

Date of Signature

Hinsdale Country School District AOR and Dietary Restrictions

Assumption of Risk and Dietary Restrictions

DEER HILL EXPEDITIONS: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

User Group Participants

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