PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Michigan Ice Festival, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “MIF”), I hereby agree to release, indemnify, and discharge MIF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that outdoor adventure based activities: guided ice climbing, rock climbing, instruction and training entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: Slipping and falling; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use and potential or actual failure of climbing ropes and equipment; hazards of walking on uneven terrain; falling objects; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; limited visibility; open and vertical pits, confined spaces, entrapment, potential flooding, water hazards; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, or concussions; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure; traveling to and from activity locations raises the possibility of any manner of transportation accidents; transmissible pathogen or disease ; my own physical condition, and the physical exertion associated with this activity.

Furthermore, MIF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured certified helmet while participating in this activity.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MIF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of MIF’s equipment or facilities, including any such claims which allege negligent acts or omissions of MIF.

4.	Should MIF or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5.	I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

In the event that I file a lawsuit against MIF, I agree to do so solely in the state of Michigan, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By digitally signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against MIF on the basis of any claim from which I have released them herein.

MODEL RELEASE: I grant Michigan Ice Fest / Michigan Ice Fest Guides, its representatives and employees the right to take photographs of me while participating on the program with Michigan Ice Fest / Michigan Ice Fest Guides. I authorize MIF / MIFG, its assigns and transferees to copyright, use and publish my image in print and/or electronically. I agree the MIF/MIFG may use such photographs of me with or without name for any lawful purpose, including for example such purposes as publicity, illustration, advertising and web content.

You will need to close this waiver window and enter the date and digitally sign your registration form confirming that you have read this.