Participant Release and Assumption of Risk
I wish to have my child (children) participate in an activity conducted by Black Hills Parks & Forests Association (BHPFA), a nonprofit organization. In return:
I understand
• BHPFA conducts activities such as hiking, biking, snow sports and activities, and experiencing the outdoors in other ways.
These activities have an inherent risk of injury, death, property damage and property loss.
• Other risks exist due to weather conditions, equipment failure, human error, and locations where communication, emergency response and medical treatment are not immediately available.
• BHPFA activities also include normal risks such as riding in vehicles, eating meals or snacks, and walking to and from activity locations.
• I am choosing my child(children) to participate in a BHPFA activity with any or all of these risks.
I agree
• I assume all risk of my child (children) participating in the BHPFA activity.
• If I or my children suffer any injury or damages from participating in the BHPFA activity, I release BHPFA, its officers, directors, shareholders, employees, staff, volunteers and contractors from any claim I might have for their negligent conduct. This means I give up any legal claim that their negligence injured or damaged me or my child.
• This release is binding on my legal representatives and anyone who might have a claim through me.
• If BHPFA or any of its officers, directors, shareholders, employees, staff, volunteers or contractors is sued or has to pay someone else because of my conduct during the BHPFA activity I will reimburse them for their legal fees, costs and payments.
• If myself or my child (children) are injured during the BHPFA activity, I authorize BHPFA to perform or get emergency medical treatment
• Any dispute arising from or concerning this Participant Release and Assumption of Risk agreement will be resolved by (1) binding arbitration in South Dakota (2) according to the rules of the American Arbitration Association in effect when the arbitration begins (3) with one arbitrator (4) in the English language. and (5) under the laws of the State of South Dakota. South Dakota law will govern the arbitration and any other dispute involving the BHPFA activity.
• If any part of this Participant Release and Assumption of Risk agreement is found unenforceable, the remaining parts will still be in effect.
I have read this Participant Release and Assumption of Risk, understand it, and sign voluntarily.
Media Release
I, the undersigned, hereby grant permission to Black Hills Parks and Forests Association (BHPFA) and its federal partners, including the National Park Service and the U.S. Forest Service, to use photographs and/or video recordings of me (or my minor child or children) taken in connection with the promotional activities of BHPFA.
Purpose of Use:
Advertising and promotion of BHPFA products and services. Use in social media platforms, print advertisements, online stores, catalogs, shopping campaigns, and other promotional materials. Distribution across multiple print and electronic media outlets.
Terms and Conditions:
Rights Granted: I authorize BHPFA and its federal partners to edit, alter, copy, exhibit, publish, distribute, and make use of any and all photographs or video recordings taken of me (or my minor child) for any lawful purpose related to the above. This authorization extends to all languages, media, formats, and markets now known or later discovered.
Ownership: I understand and agree that all photographs and recordings will become the property of BHPFA and will not be returned. I assign to BHPFA all rights, title, and interest in the images and recordings, including any copyrights and other intellectual property interests.
Waiver of Inspection: I waive the right to inspect or approve any finished product or copy that uses my likeness, including written or electronic materials.
Compensation: I understand that participation is voluntary and that I will not receive monetary compensation. Any in-kind compensation (such as retaining modeled items) is accepted as full consideration.
Usage by Partners: I acknowledge and agree that BHPFA may allow the National Park Service and the U.S. Forest Service to use the images and recordings for their own promotional and educational purposes without additional compensation to me.
Release of Liability: I release and discharge BHPFA, its officers, employees, agents, and federal partners from any claims, demands, or causes of action that I may have arising from the use of the images or recordings, including but not limited to any claims for defamation, invasion of privacy, or rights of publicity.
No Resale of Images: I understand that BHPFA has no intention to sell or license these images or recordings to outside organizations unrelated to its mission.
Generative AI: I acknowledge and consent that BHPFA may utilize artificial intelligence (AI) technologies, including generative AI, to edit, alter, enhance, or incorporate the images and recordings into other works or media. This includes, but is not limited to, modifying the images, creating derivative works, or combining them with other content.
Model's (or Parent/Guardian) Representations: I represent that I am at least 18 years of age, have full legal capacity to execute this release, and that the rights I have granted in this release do not conflict with or violate any other commitment I have.
Duration: This release is perpetual, worldwide, and irrevocable.
