LIABILITY WAIVER AND RELEASE AGREEMENT
IN CONSIDERATION OF my being permitted to participate in any activities of Oregon Gold Adventures (hereafter also known as OGA) and other consideration(s), I agree to the following Liability Waiver and Release Agreement.
I accept that gold
prospecting, recreational mining and other forms of outdoor recreation and
transportation, as well as activities in the remote areas of Oregon
have inherent risks, hazards and/or dangers for everyone involved and
that these risks, hazards and/or dangers cannot be eliminated. These risks, hazards and/or dangers may include, without limitation:
a. Water injury including drowning;
b. Injury or death as a result of walking in or on rugged, slippery and/or unstable areas;
c. Injury or death from or by cause of wildlife;
d. Injury or death due to risks due to weather or other natural conditions;
e. Injury or death due to the use of equipment and/or machinery;
f. Injury or death due to use of and/or proximity to all-terrain vehicles;
g. Injury or death due to use of and/or proximity to firearms;
h. Injury or death due to physical exertion, over-exertion or emotional conditions;
i. Injury or death due to remoteness, creating a lack of immediate availability of emergency and medical personnel and/or transport;
j. Injury or death due to burns from fires, whether man-made or by natural causes (i.e. lightning);
k. Injury or death due to proximity to and/or ingestion of hot foods or liquids; and,
l. Injury or death due to all other known or unknown and/or unforeseen situations or conditions, including negligence by OGA.
I understand that the above
list is only a partial list of the risks, hazards and/or dangers that I
may or may not encounter while attending an OGA event and that the above list is not meant, in any way, to be
all-inclusive. There may or may not be any number of risks, hazards
and/or dangers that I may face that are not listed above and by signing
this Liability Waiver and Release Agreement I attest that I understand that fact and include ALL risks, hazards and/or dangers for the express purposes of this Liability Waiver and Release Agreement.
I understand the risks,
hazards and dangers above and I understand that there may be unknown
and unforeseen situations while involved in any
recreational activity. I am aware that my physical condition and a
certain degree of skill and knowledge may be required on my behalf and I
believe that I possess the skill and knowledge required and that my
physical condition is sufficient to take part in any OGA activity.
I understand that I am
responsible for myself and that my participation is strictly and
entirely voluntary and that no one is forcing me to participate. I
hereby elect to participate in any OGA activity in spite of the inherent risks, hazards and/or dangers therin.
I am voluntarily gold prospecting and/or recreational mining at OGA mining claims and/or at public recreational mining areas and accept and assume any and all risks of injury or death.
I for myself, my heirs, my successors and my executors, hereby, knowing willingly and intentionally, waive, release, indemnify and hold harmless Oregon Gold Adventures, its owners, directors, officers, agents, employees, volunteers and/or sub-contractors and any other person(s) or entity(ies) directly or indirectly associated with Oregon Gold Adventures from and against any and all claims, actions, causes of actions, suits, expenses including reasonable attorneys’ fees which are related to and/or connected with my participation in any activity offered, including but not limited to intentional or unintentional negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of my personal and/or property damage or loss, injury, paralysis or death to me or to any underage children under my direct supervision and care, or to my property as a result of my participation in these activities or use of services, equipment or property whether such damage, loss, injury, paralysis or death results from intentional or unintentional negligence of OGA or from any other cause. I for myself, my heirs, my successors and my executors further agree not to sue Oregon Gold Adventures, its owners, directors, officers, agents, employees, volunteers, sub-contractors and/or any other person(s) or entity(ies) directly or indirectly associated with Oregon Gold Adventures as a result of any injury, damage, paralysis or death suffered by me in connection with my use of and/or participation in OGA activities or prospecting and/or recreational gold mining.
This Liability Waiver and Release Agreement
also includes any loss or injury to me or to any underage child under
my direct supervision and care as a result of my own transportation
whether by vehicle or by foot to, during and/or from any OGA event or event location.
This Liability Waiver and Release Agreement
is intended to be as broad and as inclusive as permitted by the laws of
the States of Oregon and California. If any single part of this Liability Waiver and Release Agreement should be held, by a court of law, to be invalid, the remainder of this Liability Waiver and Release Agreement
shall remain fully valid, intact and fully enforceable. I further agree
that the venue for any legal proceeding brought by myself or by OGA or its representative(s) shall be in Grants Pass, Oregon; Josephine County. I
further agree that, subject to any legal proceeding(s), I shall provide
my own transportation and/or accommodations, at my own expense, to and
from the aforementioned venue, regardless of the outcome of such legal
proceedings.
By signing below I attest that I have carefully read, understand, agree to and voluntarily, under no duress, sign this,
Please sign clearly below
Guest
Please CLEARLY Print name
X_______________________________________________________________
Guest Signature:
X_______________________________________________________________
OGA Representative
Please CLEARLY Print name
X_______________________________________________________________
OGA Representative Signature:
X_______________________________________________________________
Date ________________________

