Charleston Bird Club (CBC) is pleased you have chosen to participate in one of our birding programs (“Activities”). We will make every effort to create and maintain a safe environment. However, we cannot predict or protect you from all possible risks. While our staff, program leaders, Executive Committee and volunteers introduce and encourage compliance with rules of safety, you are ultimately responsible for your own well-being.
The following agreement allows Charleston Bird Club, a volunteer non-profit organization, to serve and expose the community to the natural environment without fear of liability. In the first part of the form, we ask you to acknowledge and accept the risks associated with participating in the Activities. In the second part, you are asked to sign and release liability, which means that you agree not to make a claim or file a lawsuit against Charleston Bird Club or its volunteers for any personal harm or property damage incurred by or caused by you or a minor(s) for whom you are guardian during your participation or the minor(s)’s participation in the Activities.
Participant’s Representations
Acknowledgment and Assumption of Risk: I understand and assume all risks associated with participation in the Activities, including but not limited to, falls, contact with other individuals or wildlife, variations in the terrain, road conditions natural and artificial, weather and its effects, structures, vehicular traffic, the physical exertion associated with outdoor activities, first aid treatment that might be rendered, and the actions of other people, be they volunteers, agents or representatives of Charleston Bird Club or totally unrelated to these Activities. I understand that such Activities could cause injury or death. My participation in the Activities is voluntary, I am free to stop at any time, and I agree that any minors for whom I am signing this Release, Waiver and Indemnity will remain in my presence and under my oversight at all times during the Activities. I certify that I, and all minors accompanying me, are intentionally undertaking these activities and medically able to participate in the Activities.
Waiver of Liability and Indemnity
In consideration for your allowing my participation, I, for myself, my estate and anyone entitled to act on my behalf do hereby waive, release and discharge Charleston Bird Club, its volunteers and agents, sponsors and all persons and entities involved in organizing, managing, supervising, or conducting the Activities (collectively, the “Released Parties”) from any and all liability, expressly including their negligence, carelessness, gross negligence, or recklessness, or such conduct of others. I agree to further indemnify and hold harmless each and all of the Released Parties, including but not limited to Charleston Bird Club, from any and all liability, loss, damage, claim or cost, including attorneys’ fees, they may incur due to my participation in the Activities, whether or not such liability, loss, damage, claim or cost is caused by the negligence of any Released Parties, myself or otherwise.
I have carefully read and understand this General Release, Waiver of Liability and Indemnity Agreement, and I appreciate the risks involved in these Activities. For the privilege of participating in the Activities, as participant and/or the parent or adult guardian of child(ren) under the age of 18 who are here identified as participating, do hereby accept the terms, conditions and effects of this Agreement, and choose to execute this Agreement freely, voluntarily, and intending to be legally bound by it.
