This Waiver Agreement is a legal agreement between you, The Applicant, and The Essex County Trail Association. Acceptance is required to become an ECTA member.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted by the Essex County Trail Association (“ECTA”), to participate in outdoor adventure based activities, the Applicant executes this Waiver and Release of Liability and Indemnity Agreement (the “Release”) and hereby agrees as follows:
I acknowledge that participation in outdoor adventure based activities such as horseback riding, skiing, hiking, jogging, or cycling entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I acknowledge that surface or subsurface conditions may adversely affect footing, and that noise and use of the trails by a variety of users at the same time may affect equines and other animals. I acknowledge that all participants engaged in equine activity or cycling should wear certified equestrian or cycling helmets. I understand that the wearing of such headgear while participating in such activities may reduce the severity of participants’ head injuries in the event of a fall or other accident.
I agree that I am an adult participant/parent/legal representative or guardian for a minor(s) and am the responsible party for any family participant(s) in outdoor adventure based activities and I will be responsible for any and all costs/damages incurred by any family participant(s) for any injuries or property damage that I or my family may incur, and that I have accident medical insurance coverage in force for any injuries that I or my family may incur or else I agree to bear the costs of such injury or damage myself. I expressly assume all risks associated with all such outdoor adventure based activities. I acknowledge that my family and I participate in outdoor adventure activities totally at our own risk for injuries or property damage that we may incur.
I/we hereby release, waive and discharge the Essex County Trail Association, its officers, members, directors, employees, all other persons or entities acting on its behalf, and any landowners allowing the Essex County Trail Association members and agents to use their land for outdoor adventure based activities (collectively, the “Releasees”) from all liability to me, my family, legal representatives, heirs, successors, and assigns, for any and all loss, injury or damage, and any and all claims therefore, on account of injury to my/their person or property, or death in any way connected or associated with my/their participation in outdoor adventure based activities. I hereby indemnify and hold the Releasees harmless from any claims, legal liability, legal actions or rights for damages on account of injury to my/their person or property, or death while I/we are engaged in outdoor adventure based activity.
This Release is governed by and shall be construed in accordance with Massachusetts law. I agree that this Release is intended to be as broad and inclusive as permitted under Massachusetts law, and that I am signing this Release on my behalf and as legal guardian for any minor family participant, and that if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.