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Prior to your program with Deer Hill Expedition’s, please review and sign the Acknowledgement and Assumption of Risk below.

Assumption of Risk
To attend a Deer Hill program, you must agree to our Assumption of Risk (AOR).
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DEER HILL EXPEDITIONS: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
DEER HILL EXPEDITIONS: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT For participant and parent or legal guardian of a minor participant INTRODUCTION: Please read this entire Acknowledgement and Assumption of Risks & Release and Indemnity Agreement (hereafter, “Document”) carefully before signing. This Document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights. The participant (including an attending facilities use or group staff member, volunteer, chaperone or other person (collectively sometimes “staff”)) must sign this Document. For participants under 18 years of age (hereafter sometimes “minor” or “child”), a parent or legal guardian (hereafter collectively “parent”) must also sign. PLEASE NOTE: Those who had already registered for previously planned DHE 2020 programming may have already signed a version of this Document. However, because of the unforeseen and unprecedented nature of COVID-19 and associated restrictions, DHE was forced to postpone or cancel a number of programs, and cancel existing registrants for this previously planned programming. As a result, this Document replaces and supersedes any previous Deer Hill Expeditions: Acknowledgement and Assumption of Risks & Release and Indemnity Agreement signed by participant (and parent of a minor) for a 2020 program that was cancelled, and applies to those signing for the first time - for upcoming DHE programs. Participant (and parent of a minor) will also agree to and sign a COVID Addendum to this Document. In consideration of the services of Deer Hill, Inc., dba Deer Hill Expeditions (also referred to in this Document as “DHE”), in allowing participant to participate in a DHE program, I (participant and parent of a minor), acknowledge and agree as follows: ACTIVITIES ON FEDERAL LANDS: Some federal land agencies may have restrictions, such as prohibiting service providers from seeking releases of liability for their own negligence when operating under permit on those federal lands. To the extent a court or arbitrator determines, as a matter of law, that these federal restrictions prohibit me from agreeing to any clause below, that clause will not be enforced. ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: Participating in, whether attending, observing or actively participating in and/or organizing, leading or assisting with, DHE educational, instructional, adventure and/or recreation activities, including but not limited to those associated with DHE summer or year around custom, group or facilities use programs, include risks. Activities may take place in Colorado, either on or off DHE premises, or in other U.S. or international locations. Activities may include, but are not limited to: hiking or 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; route-finding; outdoor cooking; mountain biking; whitewater rafting, kayaking, canoeing and other boating; surfing, swimming, fishing and other water activities; use of sweat lodges or campfires; leadership and wilderness first aid skills; interactive games and other sporting activities; socializing; service projects; accessing homestays or other accommodations; use of any equipment, facilities or premises and transportation or travel (for example) in vans, planes, boats, buses and/or other vehicles or by bike, boat, foot or other means; and if I am leading or assisting with activities, my associated responsibilities, such as but not limited to conducting activities, supervising, instructing or transporting participants, preparing meals or otherwise (collectively referred to in this Document as ”activities”). DHE staff, group or facilities use staff, host staff, or contractors may organize, lead and/or assist with activities. Activities 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 (sometimes collectively referred to in this Document as “risks”) of the activities can cause injury, damage, death or other loss to participant or others, including members of the participant’s family. The parent of a minor gives permission for their child to participate in all activities and agrees to discuss the nature of the activities and risks with their child. The following describes some, but not all of the inherent risks: Outdoor environment. Risks include travel in high altitude (up to or above 14,000 ft.), mountainous, wilderness or 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; strong winds; rapid and unpredictable weather changes; fast moving rivers or other water bodies including currents, waves or whitewater; extremely hot (including geothermal) or cold weather or water; difficult river crossings; flashfloods; falling or slippery rocks; boulder fields; falling or fallen timber; snow, mud or rock slides; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; aggressive or unpredictable 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. U.S. or international travel. Travel can involve unique risks, such as political unrest, terrorism or warfare, contact with unusual diseases, viruses or bacteria, exposure to contaminated food or water, dangerous road or travel conditions, thievery, abduction and other risks. Participants may be subject to laws and legal systems in foreign countries that do not provide the same protections as the U.S. legal system. NOTE: Although DHE considers current geo-political climates in choosing program locations, DHE personnel are not experts in assessing the likelihood of terrorist activity, political unrest, health threats, the need for vaccinations or other issues. Participant (and the parent of a minor) is responsible for conducting his or her own independent investigation through the U.S. State Department, Centers for Disease Control, World Health Organization or other sources. Judgment and decision making. Risks include that the participant or a co-participant, DHE or other staff, 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. The participant’s mental, physical (including fitness level) or emotional condition, including any use or abuse of alcohol or prescription or non-prescription drugs, disclosed or undisclosed, known or unknown, combined with participation in the activities includes risks; DHE cannot anticipate or eliminate risks or complications posed by participant’s condition. Any outdoor or physical activity. Risks include that a participant may overestimate their abilities or fitness; be inattentive; lose control and trip or fall (from a bike or otherwise) and/or collide with, for example, others, the ground, rocks, trees or encounter other animal/water/terrain/road/trail hazards; misuse, or not understand the functioning of a bike or other equipment; not control their speed; fall over cliffs; fail to negotiate steep, uneven or difficult terrain or experience equipment malfunction. Equipment. The risk that equipment used in an activity may be misused, may not fit or may break, fail or malfunction. This includes participant’s personal equipment, DHE equipment or any 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. Swimming and watercraft. Risks include potential water obstacles or hazards such as rapids, boulders, trees, fences, waterfalls, holes, reversals; the risk of slipping on wet rocks or while entering or exiting a boat; falling overboard or experiencing a boat capsize or collision. Service projects. Risks include those associated with activities such as trail work, building, digging, lifting, painting, construction and clean-up projects. Projects may include the use of tools and equipment (e.g. drills, saws, axes, shears) and potentially dangerous materials (paints, cleaning agents) that can cause injury resulting from use, misuse or malfunction. Geographic location. Activities may take place in remote locations, several hours or up to a day from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Additional delays can result if circumstances require transport from a foreign country back to the U.S. for medical care and care may be primitive or inadequate in foreign locations. Although attending staff or contractors may have access to wireless communication devices (including cell/SAT phones), use of these devices in any location is unreliable and inconsistent. Premises. DHE premises include boulders, ruts, slippery walkways, stairs, ponds/other water sources, uneven ground and other conditions. City, town, or village environment. Risks include getting lost, theft, harassment, traffic, aggressive or disease-carrying domestic or feral animals; and the unpredictable nature of other people with whom participants may come in contact with. Campgrounds, homestays, group or community accommodations. These risks include sharing rooms or space with unrelated parties or homestay families and lack of privacy and security. Participants may live with a homestay family, without direct staff supervision and may travel to and from their accommodations or homestay family independently. Homestay families will provide different oversight than DHE staff. Cooking, camping and travel. The risk of gas explosion, scalding or other burns associated with tending to, cooking over or being near a gas or propane stove or open fire. Contaminated water is a risk in natural or primitive settings, and vendors, hosts, contractors, homestay families or public restaurants provide food or beverages with risks of contamination or allergic reaction. Camp sites or travel may be subject to high winds, falling trees and/or branches, floods, wildlife disturbances, firearm use/malfunction (where those are in use) and other hazards. Free time. Participants will have free, independent and/or unsupervised time before, during and after the start of the program, during activities and at various other times. Unsupervised time may include brief periods of time, stationary, alone and possibly overnight, in the field (solos). Participant conduct; interactions with people. Risks associated with the participant’s interactions with other participants or third parties including any person’s carelessness or other misconduct, reliance on or interactions with DHE staff, group or facilities use staff, host staff, contractors, homestay families or other known or unknown persons, including the possibility of inadvertent touching by - or unwanted sexual advances from - anyone. The inherent risks - and any other risks - may result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, animals, equipment or the bottom of a river or other water body; experiencing bicycle, vehicle or 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; being subjected to sexual abuse, harassment or assault; being exposed to, contracting and/or transmitting to others life threatening human/animal/insect/other borne communicable and/or contagious diseases or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, 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, infections, illnesses, cuts, wounds or other injury, damage, death or loss. I (participant and parent of a minor participant) agree: to review all DHE information received, complete any required forms, abide by the terms of those documents and all rules and other policies; DHE representatives are available should I have questions about the activities or the associated risks; participant is fully capable of participating without causing harm to him/herself or others; if participant is borrowing, renting or purchasing 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 contracts with independent contractors (not its employees or agents) to provide or conduct some of the 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. Further, those renting DHE facilities typically run their own programs with their own staff, with little or no DHE involvement. The information provided above or otherwise is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and DHE cannot assure participant’s safety or eliminate any of the risks. At all times, participants share in the responsibility for their own and the group’s well-being; participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent of a minor) assumes and accepts full responsibility for the inherent risks, and any other risks – whether or not inherent – of the activities (known and unknown, identified or not) 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 AND 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 affiliated person/s or entity/s (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 the activities. 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, my spouse, my/my child’s other family member/s, heir/s or estate, a co-participant or any other person or entity for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in the activities, including but not limited to any claim/s brought by a medical care provider, insurer or other third party as a result of medical or other care or services provided to the participant, including transportation and evacuation costs. This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties’ negligence (but not any of their gross negligence or willful and wanton misconduct) and includes claim/s for personal injury or wrongful death (including but not limited to 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 (participant and parent of a minor participant) agree: 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 lawsuit or other legal proceeding must be filed or entered into only (exclusively) in Montezuma County, Colorado. I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator; I authorize DHE staff, representatives and/or other medical personnel to obtain or provide routine or emergency 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 DHE) of any medical records necessary for treatment, referral, billing or insurance purposes. I agree to pay all costs associated with that care and transportation; I authorize DHE or its designees to photograph, film, record and/or otherwise capture the name, image, voice, verbal or written statement, photograph and/or visual likeness (collectively "images") of or including me/my child, without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet, in publications and/or for any promotional, educational or other use. DHE owns all ownership and copyright rights in the images and I waive any inspection or approval rights. DHE reserves the right to dismiss any participant whom staff believe, in their sole discretion, presents a safety, behavioral, medical or other concern, or otherwise conducts him or herself in a manner detrimental to the activities. Use of illegal drugs, tobacco products or alcohol, sexual or other forms of harassment, sexual activity or exclusionary behavior are examples of conduct that DHE considers detrimental to the activities, and that can lead to early dismissal. If participant is dismissed or departs for any reason, participant (and his/her family) are responsible for all costs of early departure. These costs include, but are not limited to medical evacuation, travel, and compensation and expenses for staff accompanying participant; I (parent) agree that if my status as a minor's parent is challenged or found invalid, at any point, I agree to release, not to sue, indemnify and defend the Released Parties to the fullest extent allowed by law and per the provisions of this Document, just as if I were the child's legal parent; this Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any part of this Document is found unlawful or unenforceable, it shall not affect the enforceability of the remainder, and those remaining provisions shall continue in full force and effect.
AOR*
- Participant and 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, subrogees, assigns and estate. The participant must sign below. If participant is a minor (those under 18 yrs. of age in Colorado), a parent or legal guardian must also sign below. I understand my signature is valid and legally binding whether I choose to electronically sign, or manually sign a printable version of this Document.
Signature of Participant*
Name of Participant*
First Last
Date of Signature*
Month
Day
Year
Signature of Parent or Guardian
Name of Parent or Guardian
First Last
Date of Signature
Month
Day
Year
View Assumption of Risk: COVID Addendum*
- View COVID addendum
Supplemental COVID Addendum to Deer Hill Expeditions: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement Because of the unforeseen and unprecedented nature of COVID-19 and associated international and U.S. federal, state and county restrictions, Deer Hill Expeditions (hereafter “DHE”) was forced to create new and altered programming and alter its registration, risk management and emergency response policies in order to continue operating. Nature and Purpose of this Addendum: Participant (whether a minor or adult) and if participant is a minor, the participant’s parent or legal guardian (hereafter collectively “parent”) already have or will sign the DHE: Acknowledgement and Assumption of Risks & Release and Indemnity Agreement (hereafter sometimes “Document”). That Document remains in force, and, by signing below, you must also acknowledge and agree to this Supplemental COVID Addendum (hereafter “Addendum”). The purpose of this Addendum is to provide you with additional information on the risks and participant’s and/or parent’s responsibilities and assumption of risks associated with participants attending a DHE program in the midst or wake of the COVID-19 Pandemic. Importantly, this Addendum re-affirms participant’s enrollment and participation in the program and activities under the terms of the DHE: Acknowledgement and Assumption of Risks & Release and Indemnity Agreement, fully incorporated here, by this reference. Participants are voluntarily participating in the activities despite the risks, including the risks associated with COVID-19. Some but not all of the COVID-19 related inherent risks and consequences include: US or International Travel. The presence of SARS-CoV-2/COVID-19 in the US or another country presents uncertainties and risks associated with travel, including but not limited to sudden closing of borders and/or in country (or any US state) quarantines (whether participant is trying to travel to or through, or return from, a travel location), varying or inconsistent global or in country (US or otherwise) travel advisories, cancellation or termination of air, ground or other travel into, through or out of a location, etc. Medical facilities may be primitive, inadequate, unavailable or inaccessible (including, in the case of sickness from COVID-19, lack of critical care medical equipment such as but not limited to ventilators). Personal Health and Participation. There are risks associated with the participant’s contact with other persons, spaces, equipment or otherwise, including the risk of a participant, staff, family member or other persons’ carrying, being infected by or contracting SARS-CoV-2 (virus) and/or COVID-19 (resulting disease) or other disease, virus or bacteria before, during or after the program and/or transmitting it to others. Further, someone could have COVID-19 but not show symptoms. Exposure or Transmission. There are risks of participants being exposed to, contracting and/or transmitting to others life threatening human/animal/insect/other borne communicable and/or contagious diseases, such as but not limited to COVID-19 (via the SARS-CoV-2 virus). Program Interruption or Cancellation. If a participant becomes ill during a program, DHE may need to isolate participant/s and require COVID-19 testing, and this may mean the program could be cut short, altered or cancelled. The inherent risks – and any other risks, hazards and dangers (collectively “risks”) can cause injury, death or other loss to the participant, fellow participants, staff or others, and because of the risk of COVID-19 transmission, the risks extend to the participant and other members of the participant’s family or home community, as participants arrive to - and return home from - a program, as well as to individuals encountered on a DHE program, including importantly, vulnerable and at risk populations, and participant shares in the responsibility for their and others’ well-being. The above risks and consequences exist despite DHE adopting new COVID-19 related policies (whether directed or suggested by international, federal, state or county officials or otherwise) for participants and staff. Acknowledgement and Assumption of Risks: Participant is voluntarily participating with knowledge of the risks, including risks associated with COVID-19. Therefore, participant (and parent) assume and accept full responsibility for the inherent and other risks of the activities (known or unknown, identified or not), and for any injury, damage, death or other loss suffered by participant (and parent) resulting from the risks, including the risk of participant’s own negligence or other misconduct, and assume and accept any increased risks to participant, parent or others related to participant’s participation in a DHE program and activities in the midst or wake of the COVID-19 Pandemic. I agree to review all DHE information, complete all required forms and abide by the terms of those forms and all rules and other policies, including new DHE policies developed in light of COVID-19, such as but not limited to your understanding of and commitment to “Responsible Together: DHE in COVID 19 – Our Disclosure and Participant Commitment”. I further agree and consent to all screening, monitoring/testing, quarantining, contact tracing or other procedures requested or required before, during and/or after the program, whether by government authorities or by DHE, its hosts, contractors, or other businesses I/my child come in contact with during the program. Participant and parent of a minor participant: I acknowledge and agree that this Addendum, all existing or altered DHE information, rules and other policies and all other aspects of my/my child’s enrollment or participation in the program and/or activities are included within the scope of – and expressly subject to the terms of - the DHE: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement, signed by me. I understand that my signature is valid and legally binding whether I choose to electronically sign, or manually sign a printable version of this Addendum.
AOR: COVID Addendum*
- Participant and parent of a minor participant: I acknowledge and agree that this Addendum, all existing or altered DHE information, rules and other policies and all other aspects of my/my child’s enrollment or participation in the program and/or activities are included within the scope of – and expressly subject to the terms of - the DHE: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement, signed by me. I understand that my signature is valid and legally binding whether I choose to electronically sign, or manually sign a printable version of this Addendum.
Signature of Participant*
Name of Participant*
First Last
Date of Signature*
Month
Day
Year
Signature of Parent or Guardian
Name of Parent or Guardian
First Last
Date of Signature
MM slash DD slash YYYY

Prior to your program with Deer Hill Expedition’s, please review and sign the Acknowledgement and Assumption of Risk below.

Assumption of Risk

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

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