The Undersigned (the “Climber”) hereby acknowledges and assumes the risk of participation in any and all activities on property owned by The Conservation Fund (“the Fund”), including, but not limited to, walking, hiking, and rock climbing. Climber hereby acknowledges and agrees that Climber will RELEASE AND HOLD HARMLESS The Fund and its officers, directors, employees, volunteers, advisors, and/or agents (the “Released Parties”), from all liabilities, causes of action, claims and demands which may hereafter develop or arise from any injury, death, loss or damage that may be suffered by said Climber or to any property, because of any matter, thing, condition, or negligence whatsoever and Climber hereby assumes and accepts the full risk and danger of any hurt, injury, or damage to Climber or any other persons or property, which may occur through or by reason of any matter, thing, condition, or negligence whatsoever.
Climber further agrees to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties, against any and all claims, losses, costs or damage whatsoever cause by or arising from, either directly or indirectly, the operations, actions or omissions of the Released Parties, including, but not limited to, claims for their own negligence. Climber also promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims, losses, costs or damage whatsoever caused by or arising from, either directly or indirectly, Climber’s own negligence, and any other claim arising from Climber’s conduct. In accordance with these promises, Climber will reimburse the Released Parties for any damages, losses, reasonable settlements and defense costs, including attorney’s fees, that the Released Parties incur because of any such claims made against them. Climber agrees that in the event of Climber’s death or disability, the terms of this agreement, including the indemnification obligation, will be binding on Climber’s estate, and Climber’s personal representative, executor, administrator or guardian will be obligated to respect and enforce them
It is further agreed and understood that Climber shall maintain in full force and effect a policy of insurance covering medical treatment and all related costs in the event of an injury to Climber as a result of Climber’s participation in any and all activities at the Fund’s property. Climber also agrees that if Climber does not maintain in full force and effect a policy of insurance, Climber is still liable for medical treatment and all related costs in the event of an injury to Climber as a result of Climber’s participation in any and all activities involving The Fund or its property.
The person executing this release acknowledges that there is a valid consideration to executing this release. The invalidity of any statement or waiver of rights above under local, state, or federal law does not invalidate any other statement or waiver of rights above.
