Unfortunately we live in the age where personal responsibility is becoming a lost virtue. So, I need to protect myself with a release of liability form.
- If you want a full-time professional guide, go somewhere else. I am just a guy who loves to share the outdoors with others
- If you don't want to sign the form, then you probably want to hire a full-time professional guide
RELEASE AND WAIVER OF LIABILITY
Michael Franke is not a full-time professional guide and charges modest fees while learing the trade. If you want a full-time professional guide service, look elsewhere.
Michael Franke owns a variety of sports equipment, including mountain biking equipment, surf boards, snow shoes, kayaks, backpacking gear and other equipment related to outdoor activities (“Equipment”). Michael Franke is familiar in the use of this equipment and the related sports and will provide suggestions or guidance on the use of the equipment or execution of the activity. Michael Franke wants to make this equipment and instruction available for use by _________________________________________________ (“participant”) for their enjoyment.
Name of Participant
Name of Parent or
Legal Guardian
Phone No.
Address
City
State Zip Code
Age:
Height:
Weight:
Fitness level: 1 – 10 (1=out of shape, 10=marathon runner)
Experience Level: (Beginner, Intermediate or Expert)
Injured or weak body parts:
PLEASE READ CAREFULLY BEFORE SIGNING
EQUIPMENT RELEASE AND WAIVER OF LIABILITY
I, the undersigned, in consideration of using the Equipment, and participating in outdoor activities with Michael Franke have read, understand and expressly agree to the following:
A. Risk of Personal Injury.
I understand that the risks of mountain biking, surfing, slack lining, kayaking , snow shoeing and other outdoor sports (“Activities”) are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO EQUIPMENTS, GEAR, AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS; falling; loss of control; encountering trees, limbs, brush, rocks, structures, ropes, barriers, or other man made or naturally occurring obstacles; encountering unpredictable terrain such as varying steepness, mud, holes, cliffs, gravel, narrow trails, and/or lack of trails, dangerous water conditions, equipment failure; negligence of other participants, persons, or vehicles; or negligent actions of other participants, or Michael Franke
Participant Initials Participant’s Parent or Legal Guardian Initials
B. Conditions and Representations.
I. I have made no misrepresentations to Michael Franke in any regard, including, but not limited to, my height, weight, age, abilities, or equipment type.
II. All instructions for the use of any equipment(s) (the “Equipment”) have been made clear to me. I accept the Equipment for use as is, and accept full responsibility for the care of the Equipment while it is in my possession.
Participant Initials Participant’s Parent or Legal Guardian Initials
III. When requested by Michael Franke, a helmet will be worn, or the participant will not be allowed to participate in the activity. I understand that wearing a helmet may decrease the risk of head injury, but does not a guarantee that an injury will not occur. Participants are encouraged to bring their own helmets for best fit and safety.
IV. The Equipment as given to me is working properly. I am physically and mentally able to use the equipment and I am familiar with the activities and its physical and mental requirements and risks involved.
V. I agree that Michael Franke may revoke or confiscate the Equipment and prevent my use of the Equipment because of unsafe or rude conduct or failure to obey instructions or any violations of the terms of this agreement and waiver.
Participant Initials Participant’s Parent or Legal Guardian Initials
C. Release of all Liability (including negligence).
I AGREE TO FULLY RELEASE AND DISCHARGE MICHAEL FRANKE FROM ANY LIABILITY for any damages, injuries, or claims, including any injuries or damages occurring from any negligence of Michael Franke to myself or any other person or property, as a result my participation in equipment usage, or participation in the activity. I fully understand and agree to release Michael Franke for his negligence in causing in whole or in part any injury to me.
Participant Initials Participant’s Parent or Legal Guardian Initials
D. Express Assumption of Risks.
I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF PARTICIPATING IN USAGE OF EQUIPMENT AND PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISK OF MICHAEL FRANKE’S NEGLIGENCE.
Participant Initials Participant’s Parent or Legal Guardian Initials
E. Promise Not To Sue and Hold Harmless.
I AGREE NO LAWSUIT WILL BE FILED BY ME OR ON MY BEHALF AGAINST MICHAEL FRANKE as a result of my participation in the activities or use of the equipment. If I do file a lawsuit, I agree to pay any attorney fees, costs or judgments incurred by Michael Franke even if Michael Franke is found negligent. I FURTHER AGREE TO INDEMNIFY MICHAEL FRANKE AND HOLD IT HARMLESS FOR ANY DAMAGES, INJURIES, JUDGEMENTS OR LAWSUITS, including any attorney’s fees and costs incurred by Michael Franke as a result of my use of the equipment or any lawsuits resulting from my use. I agree my obligation to indemnify and hold Michael Franke harmless applies even if Michael Franke is negligent. I understand this is a contract, which limits my legal rights, and it is binding upon me, my heirs and legal representative. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. This contract will be governed by the laws of the State of California. By signing the Release of Liability the undersigned acknowledges she or he has fully read and understands the above and foregoing.
Participant Initials Participant’s Parent or Legal Guardian Initials
I agree to the terms of this agreement and waiver.
Signature of Participant:__________________________________________Date:________________
All Participants under the age of 18 years are required to have a parent or legal guardian read and also sign this Release: The parent and the Participant have read, understand and agree to comply with this Release. By signing this document, the parent or guardian agrees to each of the provisions above, including to indemnify and hold Michael Franke, or other participants harmless from any and all claims brought by the Participant or resulting from the Participant's actions, whether Michael Franke, other participants are negligent or not. The parent or guardian will be primarily responsible for the safety and welfare of their child and will be in full control of their child at all times
Signature of Parent/Guardian______________________________________________________
Relation to Participant:______________________________Date:_____________________________