Release of Liability for Negligence
In consideration for the Friends of Bunker Hill (FBH) and Missouri State Teachers Association, Inc., (MSTA) permitting me to participate in activities at Bunker Hill Retreat (BH), I agree to the following terms:
1. Acknowledgement of Known Risks, Hazards and Dangers
I understand that there are known risks, hazards and dangers for anyone using BH facilities. These risks, hazards and dangers cannot be eliminated, controlled, or reduced. These risks, hazards and dangers include, among others:
- Injury or drowning due to swimming, boating or wading in the river, especially since there will be
no lifeguards or supervision;
- Hiking in rugged country on unmarked, natural trails;
- Injuries from fishing equipment such as lures and hooks, and from other fishing participants;
- Animals such as raccoons, possum, bobcats, coyotes, armadillo, mountain lions, wild pigs, bears
- Insects including ticks, spiders and mosquitoes;
- Poisonous plants including poison oak, sumac and ivy;
- Poisonous snakes;
- Temperature extremes and extreme weather conditions, including floods and tornadoes;
- Injury due to falling when hiking or climbing; and
- Unavailability of immediate medical attention in the area due to the remote location.
2. Assumption of Risks and Costs
I understand the above list of BH risks, hazards and dangers. My participation in BH activities is purely voluntary, as is my entire visit to BH. I will participate in these activities in spite of the risks, hazards and dangers, and solely at my own risk, including added risks from a pre-existing medical condition, if any. I agree to pay all costs of all injuries and other damages incurred from my BH activities, whether or not I have insurance coverage. FRIENDS OF BUNKER HILL AND MSTA OWE ME NO DUTY TO BE CAREFUL OR OTHER DUTY REGARDING THOSE RISKS OR THOSE COSTS.
3. Release of Liability for Negligence
For myself, my family, heirs, successors, executors and subrogees, I voluntarily, knowingly and intentionally release, waive, discharge and agree not to sue any and all Released Parties, including FBH, MSTA and BH, their directors, officers, agents, employees, attorneys, volunteers, members, families, heirs, descendants and independent contractors, from and for all liability for damages Released Parties cause by their negligence (even if that negligence increases my risk of harm or if I suffer harm because I rely on help from a Released Party) which results in damage, loss, injury (physical or emotional, including pain and suffering), paralysis or death to me or my property during or as a result of my visit to BH or my participation in BH activities. This means that if I sign this Release, and I am injured because Released Parties are careless, then Released Parties, including FBH, MSTA and all others, will not be responsible for my injuries or expenses caused by their carelessness. If a portion of this release is declared invalid, all other portions will remain valid.
Under Missouri law, a private campground owner or an employee or officer of a private campground owner is not liable for an injury to or the death of a person or any property resulting from the inherent risks of camping under the Revised Statutes of Missouri.
5. Legal Fees and Costs
If FBH, MSTA or other Released Parties incur legal fees or other costs because I change my mind and challenge the validity of this Release, I will promptly pay or reimburse those fees and costs upon request of FBH, MSTA or other Released Parties.
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