NCRC Level 1 and Small Party Assisted Rescue Seminar
March-April 2025
Sewanee, TN
RELEASE, HOLD HARMLESS, INDEMNIFICATION, AND ACKNOWLEDGEMENT OF RISK AND HAZARD AGREEMENT
This Release, Hold Harmless, Indemnification, and Acknowledgement of Risk and Hazard Agreement ("Agreement") is entered into by and between the registrant collectively referred to as "Participants"], and Brian Krebs, Allyson Krebs, Jeffrey Krebs and all Owners heirs and assigns or other related parties, Property Manager, or Other Responsible Party, if applicable ("Releasees").
WHEREAS, Participants are voluntarily accessing, visiting, or residing at a location ("Property") which includes certain natural and man-made features such as cliffs, hills, pits, rocks, boulders, slopes, roads, lakes, defined and undefined paths, trails improved or unimproved, fall hazards, building structures, ATV and UTV and where the presence of wildlife, natural hazards, man-made hazards and physical risks may exist;
WHEREAS, Participants understand and acknowledge the inherent risks associated with these features, including but not limited to cliffs, wildlife, bodily injury, and the risk of death;
NOW, THEREFORE, in consideration of the right to enter and/or use the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Acknowledgement and Assumption of Risks
1.1 Participants acknowledge that the Property may include inherently dangerous conditions, including but not limited to: - Cliffs and Unstable Terrain: Risks associated with steep drop-offs, rockslides, falling rocks, and the possibility of falls. - Wildlife: Risks arising from encounters with animals such as snakes, bears, insects, and other wildlife, plant materiel, trees and other hazards found in the wilderness. - Personal Injury and Death: Risks related to slips, falls, drowning, or other serious bodily harm which may result in severe injury, minor injury, disability temporary or permanent or death.
1.2 Participants voluntarily assume all risks associated with accessing or using the Property, whether such risks are known or unknown, foreseeable or unforeseeable named or unnamed.
2. Release and Hold Harmless
2.1 Participants, on behalf of themselves, their heirs, assigns, and representatives, hereby fully release, discharge, and covenant not to sue Releasees, including their officers, directors, employees, agents, or any affiliated entities, from any and all claims, causes of action, damages, or liabilities of any kind arising out of or in connection with Participants’ access to or activities on the Property, including but not limited to claims for personal injury, property damage, or death, whether caused by negligence or otherwise, except to the extent caused by Releasees' gross negligence or willful misconduct.
3. Indemnification
3.1 Participants agree to indemnify, defend, and hold harmless Releasees from and against any and all claims, damages, liabilities, losses, expenses, including attorney’s fees and court costs, arising out of or in connection with: - (a) Any injury or damage sustained by Participants or others arising from Participants' actions, presence, or activities on the Property. - (b) Any claim made by third parties based on Participants’ conduct or failure to adhere to safety precautions on the Property. - (c) Any claim, damage, or injury resulting from wildlife encounters or natural hazards present on the Property.
4. No Duty of Care by Releasees
4.1 Participants acknowledge and agree that Releasees do not assume any responsibility for, nor have any duty to provide for, the safety or well-being of Participants while on the Property, and that Releasees make no warranties or representations regarding the safety of the Property.
5. Medical Treatment
5.1 Participants acknowledge and agree that, in the event of injury, no medical services or treatments are provided by Releasees, and Participants shall be solely responsible for any medical expenses or other losses incurred.
6. Governing Law
6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.
7. Severability
7.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be deemed severed from this Agreement and shall not affect the enforceability of the remaining provisions, which shall remain in full force and effect.
8. Binding Effect
8.1 This Agreement shall be binding upon and inure to the benefit of Participants and Releasees, and their respective heirs, assigns, successors, representatives, and estates.
9. Entire Agreement
9.1 This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any prior agreements, representations, or understandings, whether oral or written, relating to such subject matter.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written.
