NOTE: By signing this Participant Agreement, you are releasing Sierra Nevada College, a Nevada non-profit corporation, its affiliates, officers, trustees, faculty, staff, coaches, agents, employees, hired guides, sponsors, and the hosting site on whose premises Activities occur (collectively “SNC”), from and against any and all liability, including liability for negligence, and you are acknowledging that SNC is disclaiming all warranties. This Participant Agreement is applicable to all SNC sponsored activities, travel, and athletic events, whether on or off campus “Activities”.
I understand that all rules outlined in the SNC Student Handbook (the “Handbook”) apply to all Activities, whether I am a student, parent, staff member, community member, or other participant. I agree to abide by the Handbook and any special conditions set forth for each Activity I participate in, including, but not limited to, curfew, group assignments, and security of individual and group belongings. In the event that any SNC personnel deem my behavior unruly or insubordinate or I am found in violation of the Handbook or any specific Activity’s rules, I may be sent back to SNC. Any decision to dismiss me from participation in an Activity by the Activity’s leaders is final. If dismissed from an off-campus Activity, I understand that I will be personally responsible for my return travel expenses and will be charged by SNC for any expenses incurred.
I acknowledge that the rules and policies of SNC are stated in the Handbook. I understand that I am responsible for reading the Handbook and abiding by all rules and policies stated there in. The Handbook is available online at: www.sierranevada.edu/resources/current-undergraduate-students/
Except as otherwise provided herein or in the Handbook, as a participant, I understand that the use of alcohol, illegal drugs, and certain prescription drugs are prohibited for the duration of all Activities. Failure to abide by SNC’s alcohol and drug policy will result in dismissal from the Activity without refund and possible loss of course credit, if applicable. I understand that I will become personally responsible for my return travel expenses.
In limited circumstances, SNC approval of Activities may include authorization for consumption of alcohol. When authorized in accordance with SNC policies, participants of legal drinking age may consume alcohol at approved Activities. All participants must act responsibly and with restraint in these instances.
I understand that Activities may include participation in rigorous activities, which may involve a risk of damage or loss to my personal belongings. I understand that I am fully responsible for my personal belongings and will not hold SNC or the Activity leaders liable for any expenses due to loss and/or damage to my personal belongings.
I understand that if I do not own the equipment needed to participate in an Activity, I may have the option to rent equipment from SNC and will be personally responsible for its condition and whereabouts during the contracted time in my custody. I understand that I will be charged late fees, repair fees, and/or replacement fees of the equipment if it is lost, damaged, or stolen during the contracted time it is issued to me, or if I fail to return it by the contracted return date. I expressly disclaim any and all warranties connected with any equipment rented from SNC, and agree that I have inspected and agree to accept all rented equipment “AS IS” and agree that there are no warranties with respect to such equipment which extend beyond the face of this Participant Agreement.
I certify now and again immediately before each Activity that I have no past or current physical or psychological condition that might affect my participation in an Activity, other than as described on the Medical History form. I am able to participate without causing harm to myself, or to others. The medical information given to SNC is accurate and all pertinent medical conditions have been disclosed. I agree to promptly update my medical history as circumstances and my condition change. I understand that SNC’s admission of me to an Activity is not intended as a representation that SNC Activity leaders will be able to manage successfully a medical event or emergency related to a disclosed, or undisclosed, medical condition. The responsibility for determining a participant’s suitability for an Activity is not SNC’s but, rather, the participant’s, guided by family and her or his physician. SNC reserves the right to refuse admission or remove a participant from any Activity for any reason it deems in the best interests of the participant, other participants, or SNC.
SNC is authorized to obtain or provide emergency hospitalization, surgical or other medical care for me. I understand that situations may arise in which third-party medical care is not available and which require SNC staff and faculty to provide first aid and possibly more advanced procedures, employing wilderness first responder training. Any third-party medical care provider is authorized to exchange pertinent medical information with SNC. Costs reasonably associated with medical services, including evacuation, shall be borne by me.
As a participant, I acknowledge that SNC may share my contact information with other SNC students or graduates and/or with environmental organizations or strategic partners in which SNC graduates may be interested; and SNC may use my name, contact information and photo or other image in promotional materials and press releases.
Activities and Assumption of Risk
I understand that participation in Activities may be dangerous and may expose me to risk of serious bodily injury, including but not limited to: serious burns; falls; bites; broken bones; dislocations; contusions; sprains; concussions; frostbite; hypothermia; sunburn; cardiac arrest; exhaustion; dehydration; spinal cord and brain injury that may result in paralysis and the possibility of other permanent injury; and possibly death. These risks include, but are not limited to: the possibility of collisions with other participants, spectators and the public; equipment failure; cooking over gas stoves; sleeping in cold weather; weather changes (heavy rain, lightning, snowstorms); rock fall, drinking untreated water; traveling over challenging terrain with equipment; avalanches; physical exertion at high altitude; drowning; poison oak allergies; vehicle accidents while traveling to and from Activities; traveling to and within, and returning from, one or more foreign countries; foreign political, legal, social, and economic conditions; different standards of design, safety, and maintenance of buildings, public places and conveniences; and local medical and weather conditions. I understand that no degree of care or caution can completely eliminate these risks. I hereby freely and expressly assume and accept any and all risk of injury and/or death arising from my participation in any and all Activities I may undertake, or while traveling to and from Activities, or from the use of any equipment provided or furnished to me by SNC. As a participant in each Activity, I take full responsibility and agree not to hold SNC or the Activity leaders, in the normal execution of their duties, liable for any accident or injury that could ensue, or be related to participation on an Activity.
I understand that some Activities require participants to live, camp and travel out of doors. Activities vary from event to event and include, among others, competitive sports, hiking and backpacking through mountainous and other terrain, mountaineering and climbing on rock cliffs, steep snow, whitewater kayaking, whitewater rafting, paddleboarding, sea kayaking, skiing, snowboarding, mountain biking and canyoneering. I further understand and acknowledge that the Activities have risks, including certain risks, which are inherent. Inherent risks are those, which cannot be eliminated without destroying the unique character of the Activities. The same elements that contribute to the unique character of these Activities can cause loss or damage to equipment, accidental injury, illness, or, in extreme cases, permanent trauma, disability or death. The following describes some, but not all, of the inherent risks of Activities:
• Activities may be strenuous, physically and emotionally.
• Activities often occur in remote places. They occur on lands open to the public, and exposed to the acts of persons not associated with SNC. The remote locations may be many hours from medical facilities. Communication and transportation are difficult and evacuations and medical care may be significantly delayed.
• Equipment may fail or malfunction.
• Meals are prepared over gas stoves and open fires. Water may require disinfection before use. Participants with food allergies or sensitivities may come in contact with offending food types. Camping risks include burns and cuts, sprains, strains and other injuries from slips, falls, and lifting, and illnesses including diarrhea and flu-like illness.
• Travel may be by SNC vehicle, participant carpool, bike, raft, kayak, skis, snowboards, snowshoes, on foot and by other means, over improved and unimproved roads, rugged trails and off-trail terrain, including boulder fields, downed timber, rivers, rapids, river crossings, high mountain passes, snow and ice, steep slopes, slippery rocks, ocean tides, currents, waves, and surf. Travel risks include collision, falling, capsizing, drowning, becoming lost, and other risks usually associated with such travel, including environmental risks.
• Environmental risks and hazards include flowing, deep and/or cold water; insects, snakes, predators, and large animals; falling and rolling rock; lightning, avalanches, flash floods, falling timber and forces of nature, including weather which may change to extreme conditions. Possible injuries and illnesses include hypothermia, frostbite, immersion foot, high altitude illnesses, sunburn, heatstroke, dehydration, and other mild or serious conditions.
• Decisions made by Activity leaders and Activity participants will be based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to errors in judgment. Misjudgments may pertain to, among other things, a participant’s capabilities, environment, terrain, water and weather conditions, natural hazards, routes and medical conditions.
• Activities in foreign countries may encounter laws, legal systems, customs and behaviors, and expose participants to animals, diseases and infections, not common to the United States. In addition, these Activities may be subject to dangerous road travel, political unrest, riots, demonstrations, banditry, terrorism and other criminal conduct, including drug related activities. SNC practices in foreign countries are generally consistent with customs and standards used in the United States regarding such practices.
• SNC may from time to time use the services of private contractors for certain tasks, including, for example, transportation. SNC is not responsible for the acts or omissions of such contractors.
I understand that SNC does not provide transportation to and from all Activities. In such cases, I accept full responsibility for providing my own transportation, including associated costs. SNC is not responsible for any bodily injury or property damage that may arise out of my transportation arrangements, and I agree to defend, indemnify, and hold SNC harmless from any bodily injury, property damage, or other incident which may arise out of my transportation arrangements or any personal time or activities that occur outside the authorized Activities scheduled as part of an SNC Activity.
Agreement of Release and Indemnity
I have carefully read the Terms and Conditions of this Participate Agreement and fully understand its contents. I am aware that this is a release of important legal rights and a disclaimer of important warranties, that I AM SIGNING THIS PARTICIPANT AGREEMENT IN CONSIDERATION OF MY PARTICIPATION IN ACTIVITIES, AND THAT THIS PARTICIPANT AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN MYSELF AND SNC, WHICH I SIGN FREELY AND VOLUNTARILY.
I hereby release SNC from liability for any and all injuries and damages, including death, arising from my participation in any and all Activities I may undertake, including the use of any and all equipment provided or furnished to me. In so doing, I release SNC from all liability, including, but not limited to, liability for negligence, failure to warn, product liability and warranty arising out of or in any way connected with my participation in Activities. Furthermore, I promise and agree not to make any claim or commence any lawsuit against SNC for injuries or damages arising from my participation in Activities or from the use of such equipment. I expressly acknowledge and agree that Activities can be dangerous and involve serious and unpredictable risks of bodily injury, property damage, and death and that I intend the foregoing waiver and release of SNC to be as broad and inclusive as permitted by law.
I further expressly agree to indemnify and hold harmless SNC against loss from any further claims, demands or actions that may subsequently be brought by me or by any other persons on account of damages or injury of any character resulting to me or any other person or property arising from my participation in any Activities, or the use of any equipment provided or furnished to me. I promise and agree that I will not allow any other person to use any equipment provided or furnished to me by SNC, without SNC consent.
I further agree, as a participant in Activities, as follows:
Any dispute between me and SNC will be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the State of Nevada, and any mediation or suit shall occur or be filed only in the State of Nevada.
If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of the agreement nevertheless will be in full force and effect.
THE PARTICIPANT HAS READ THIS DOCUMENT AND UNDERSTANDS AND VOLUNTARILY AGREES TO ITS TERMS, WHICH SHALL BE BINDING UPON THEM, THEIR HEIRS, ESTATE, EXECUTORS AND ADMINISTRATORS.