Waiver of Liability / Disclaimer
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City Slickers 4x4, the club, Meetup group, website, its
organizers, officers, directors,
employees, agents, and crew (the "Organizers") assume no
responsibility for you or your guests. If you choose to
participate in any of the Organizers' events, you assume all responsibility for yourself
and your guests, and agree
not to hold the "Organizers" liable in any way.
Before attending any club
event, you must agree that:
• you have read
all rules and conditions applicable to the Event;
• the Event
officially begins and ends at the location(s) designated by City
Slicker 4x4. The Event does not include carpooling, transportation,
or transit to and from the Event, and you are personally responsible
for all risks associated with any travel to and from the Event.
• this Agreement
is intended to be as broad and inclusive as is permitted by law. If
any provision or any part of any provision of this Agreement is held
to be invalid or legally unenforceable for any reason, the remainder
of this Agreement shall not be affected thereby and shall remain
valid and fully enforceable.
• To the fullest
extent allowed by law, you agree to WAIVE, DISCHARGE CLAIMS, AND
RELEASE FROM LIABILITY the Organizers from any and all liability on
account of, or in any way resulting from Injuries and Damages, even
if caused by negligence of the Organizers, in any way connected with
any Organizers' event. You further agree to HOLD HARMLESS the
Organizers from any claims, damages, injuries or losses caused by
your own negligence while a participant at any event. You understand
and intend that this assumption of risk and release is binding upon
your guests, passengers, heirs, executors, administrators and
assigns, and includes any minors accompanying you at any of
Organizers' events.
• Your have read
this document in its entirety and you freely and voluntarily assume
all risks of such Injuries and Damages and notwithstanding such
risks, you agree to participate in Organizers' event.
- Please read before signing up for any
event -
The organizers are not professional guides or
trained leaders and are not medically trained to handle emergencies.
Please carry a personal medical emergency kit and any medications
you need. Motorized off-road driving/riding is an inherently
dangerous activity that can lead to serious injuries including but
not limited to slip and fall injuries, fractures, rattlesnake bites,
heat exhaustion, poison oak, ticks and frostbite. Always remember to
let the event organizer know if you are straying from the group.
Stay on the trail, never drive/ride alone and use your own common
sense.
The "Organizers" cannot assure suitability of
any trail to your specific vehicle, nor can they assure your vehicle
is suitable for any of the trails / trips undertaken by the
"Organizers".
It is your responsibility to ensure that you
are in good health and your car/truck/jeep is in good running order
before participating in a high intensity activity like this one.
You're advised to carry a spare tire, a puncture repair kit, a jack.
A GMRS/FRS, CB or ham radio is advisable but don't worry if you
don't have one, people usually have a spare radio or two. We also
recommend a first aid kit, and a tow rope / tow hook.
You understand that participation will include
a variety of hazards and dangers, foreseen or unforeseen. These
hazards and dangers could result in personal injury, property
damage, and death ("Injuries and Damages"). These hazards and
dangers may include, but are not limited to, falling, falling
objects, drowning, temperature exposure, equipment failure, improper
use of equipment, inadequate or improper instruction or assistance,
exposure to wild animals including poisonous animals, insects,
debris, plants, unpredictable forces of nature, inclement weather,
dehydration, unsanitary food or hydration.
Assumption of Risks: You, for yourself
and for your guest participants, if any, ACKNOWLEDGE AND ASSUME the
risks of the activity in which you will be participating, whether or
not those risks are described above and whether they are inherent or
otherwise. It is your responsibility to inform your guests of the
potential risks, and you assume any and all liability for your
guests. We recommend you have them read this entire disclaimer.
Release and Indemnity: To the fullest
extent allowed by law, you, for yourself and for any of your guests,
agree to WAIVE AND RELEASE FROM LIABILITY, the "Organizers" from any
and all liability on account of, or in any way relating to, any loss
you or your guests may suffer, including loss of or damage to
property, personal injury and death in any way related to your
enrollment in or participation in an activity of the "Organizers"
group/club. You further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS
the "Organizers" from any claims, damages, injuries or losses either
suffered by you or your guests or caused by my conduct while an
enrollee or participant in an activity of the Meet Up Group. These
agreements of release and indemnity include negligence of the
"Organizers", but not gross negligence or intentionally wrongful
behavior. Member Posted Events:
City Slickers 4x4 allows members to schedule meets/events/runs
through it's Meetup page. In such cases, City Slickers 4x4 is not
organizing, guiding or running the event and cannot vet or verify
the level of experience of the member who posted the event, nor the
level of support he or she is prepared to offer. Enjoy yourself, but
please take extra care in such cases and do not blindly trust the
organizing member as they are not part of our experienced crew. Food Safety &
Allergy Disclaimers:
• By participating
in these events, you understand that any food items being made
available at the event, be it
shared by members, or prepared by third party vendors, or otherwise, are not necessarily prepared in commercial kitchens or spaces
inspected by any government agency.
• By participating
in these events, you assume all liability; specifically, you agree
to not hold liable the Organizers or other participants for the
cleanliness, suitability, freshness or safety of any food you may be
offered or consume.
Because members often share food at our
events, or sometimes events are catered by third party vendors, or
both, it cannot be guaranteed that every allergen in the food served
will be identified and labeled either.
The possibility that caterers or
manufacturers of the foods members consume, bring, use or prepare at
home could change the formulation at any time, without notice also
exists. Customers concerned with food allergies must be aware of
this risk. Attendees with life threatening food allergies who may
need to use an epi-pen should be carrying their own. The Organizers
are NOT trained to administer epi-pens and CANNOT provide or
administer them.
We cannot
guarantee the absence of cross contamination in any food items
shared by members or prepared by third party vendors, nor can we
guaranty the safety or cleanliness of the ingredients as we do not
prepare any of the food ourselves.
The Organizers
will not assume any liability for adverse reactions to foods
consumed, or items one may come in contact with, while eating at any
of the Organizers' events.
SPECIFIC WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT REGARDING FOOD AT ORGANIZERS' EVENTS
City Slicker 4x4 is not a professional
food distributor, caterer or preparer. You understand that even when
best practices are followed, food preparation carries with it
inherent risks that include but are not limited to health hazards
resulting from improper transport, handling and storage, which are
especially risky when holding this type of event in a remote
location such as a camping site with no running water or
electricity, in an outdoor setting which is in no way a professional
and enclosed kitchen. In addition you are aware that in a buffet
style setting where club members have access to the food tables and
dishes, it is even harder to prevent food, utensil or cutlery
contamination. You are also aware that other club members beside the
Organizers may bring their own food and may offer to share it
without the Organizers’ knowledge.
WAIVER:
Therefore, in consideration of being
permitted to participate in any City Slicker 4x4 event where food
prepared, cooked, perishable or otherwise, are transported, further
prepared, and consumed, you, for yourself, your heirs, guests,
family members, personal representatives or assigns, agents,
employees and affiliates, do hereby release, waive, discharge, and
covenant not to sue the Organizers from liability from any and all
claims resulting in personal injury, accidents or illnesses
(including death), and property loss arising from, but not limited
to, participation or food consumption at the Event.
ASSUMPTION OF
RISKS:
Participation in any Event carries with it certain inherent risks
that cannot be eliminated regardless of the care taken to avoid
injuries. The specific risks vary, and can include but are not
limited to cooking food thoroughly; separating and not cross
contaminating foods; chilling or refrigerating food appropriately;
cleaning foodstuffs, instruments and hands used in and for food
preparation; fire or gas hazards.
INDEMNIFICATION
AND HOLD HARMLESS
You agree to INDEMNIFY AND HOLD HARMLESS
the Organizers from any and all claims, actions, suits, procedures,
costs, expenses, damages and liabilities, including attorney’s fees
brought as a result of my involvement in Event, whether brought by
you, your company or its agents or employees, or other third
parties, and to reimburse the indemnities for any such expenses
incurred.
ACKNOWLEDGEMENT OF UNDERSTANDING
You have read this waiver of liability,
assumption of risk, and indemnity agreement, fully understand its
terms, and understand that you are giving up substantial rights,
including my right to sue. You acknowledge that participation in the
event requires you agree to these terms and that you are doing so
freely and voluntarily, are over the age of 18, and intend by your
participation to be a complete and unconditional release of all
liability to the greatest extent allowed by law.
SOME INDIVIDUALS
AT PARTICULARLY HIGH RISK SHOULD TAKE MORE PRECAUTIONS:
Pregnant women, young children, the
elderly, and those weakened immune systems are at higher risk for
severe infections such as Listeria and should be particularly
careful not to consume undercooked animal products. They should
avoid soft French style cheeses, pates, uncooked hot dogs, rare
meats, and sliced deli meats, which have been sources of Listeria
infections. Persons at high risk should also avoid alfalfa sprouts
and unpasteurized juices. A bottle-fed infant is at higher risk for
severe infections with Salmonella or other bacteria that can grow in
a bottle of warm formula if it is left at room temperature for many
hours. |
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