In consideration of the permission granted to me by Saratoga Wild Roots to connect to its website, and/or participate in any activity or event sponsored by Saratoga Wild Roots, I freely affirm and acknowledge all of the following:
I attest that I am an adult of sound mind. Acting for myself, for any minor child and/or ward of mine, and for my heirs, personal representatives, executors, assigns, and guardian ad litem, I recognize these and all other known and unknown dangers, and voluntarily assume these and all other known and unknown risks in connection with participation in any foray, tour, fair, tasting, class, dinner, or any and all other activities or events sponsored by Saratoga Wild Roots. Such activities and events are specifically understood to include reading Saratoga Wild Roots’s website and other publications, as well as consulting directors, officers, employees, or other agents, and using the information obtained thereby to assist in mushroom identification and preparation for consumption.
I agree not to make a claim against, sue, or attach the property of Saratoga Wild Roots and/or its directors, officers, employees, membership, and other agents for injury or damage resulting from their negligence (except gross negligence) or other acts or omissions, howsoever caused, arising from participation in or presence at such activity or event, including while traveling to and from the event site.
I further agree to indemnify and defend and hold harmless Saratoga Wild Roots and/or its directors, officers, employees, membership, and other agents from any and all claims and liabilities for injury or death of myself and/or my child or ward, and for damage to or loss or destruction of any property belonging to myself and/or my child or ward, arising from my/our participation in or presence at the activity, including during travel to or from any Saratoga Wild Roots event site, whether or not arising from the negligence (except gross negligence) or other acts or omissions of Saratoga Wild Roots or its agents.
I further agree that no warranty or representation of any kind whatsoever has been given regarding the condition of any event or activity site, or any facilities or equipment thereon, or any means of transportation to and from the site.
I agree that Saratoga Wild Roots, its directors, officers, membership, employees, and other agents shall not be held liable for any loss, damage, or destruction of property caused by my own actions.
I agree that all the terms of this release and indemnification shall extend to and protect the owner and/or lessee of any real property, public or private, that is used to host a Saratoga Wild Roots event or activity. I further agree that all the terms of this release and indemnification shall also extend to and protect the North American Mycological Association and North American Mycoflora Project, as well as any visiting mycologist, chef, lecturer, instructor, guide, or other outside expert that may be sponsored, invited, recognized, engaged, or employed by Saratoga Wild Roots during a Saratoga Wild Roots event or activity.
I acknowledge that unless otherwise specified, the material posted in the discussion forums and blogs on this website is the personal opinion of the individual making each post or comment, rather than the official position of Saratoga Wild Roots or its board of directors, officers, employees, membership, website editor, or any other individual or organization.
If I am registering a family member or other guest for a Saratoga Wild Roots event or activity, I hereby attest that I have notified them of this waiver, and received their agreement to all of its terms; and I agree to indemnify and hold harmless Saratoga Wild Roots and all its directors, officers, membership, employees, and other agents for any liability proceeding from my failure to make such notification and receive such agreement.
I certify that to the best of my knowledge and belief, I am in good health and able to tolerate the ingestion of edible wild mushrooms and the physical exertions required to collect them. I am not aware of any physical, psychological, or medical condition that poses unreasonable danger to me or other participants in any Saratoga Wild Roots activity or event. If I require any prescribed medication, I agree to carry sufficient supplies of such medication with me throughout my participation in such activity or event.
In case of illness or accident while I am participating in any Saratoga Wild Roots event, when I am unable to communicate otherwise, permission is granted for emergency transport to be requested and emergency treatment to be administered. It is further understood and agreed that I will assume full responsibility for any such action, including payment of all costs incurred on my behalf.
I agree that the material on the Saratoga Wild Roots website and in other Saratoga Wild Roots publications is presented for general informational and educational purposes only, and under no circumstances is to be considered a substitute for identification of an actual biological specimen by a person qualified to make that judgment.
I understand that Saratoga Wild Roots does not directly provide edible mushrooms for consumption at its events, unless via a professional chef, licensed Wild Mushroom Food Safety certified professional, or licensed restaurant that acquires fungi and prepares meals in accordance with the regulations of the New York State Health Department. I understand that consumption of personally-provided mushrooms at events is done at the sole risk of myself and any other individual members involved in the exchange, and no liability for adverse outcomes of these activities shall attach to Saratoga Wild Roots, nor to any chef, cook, instructor, or other expert that may be employed, sponsored, engaged, invited, or recognized by Saratoga Wild Roots, nor to any restaurant or other facility where Saratoga Wild Roots may hold its events, nor to the North American Mycological Association or any other co-sponsor, host organization, or partner organization affiliated with the event.
I affirm that if I am not entirely confident of the identification and edibility of a particular fungal specimen, I will seek knowledgeable assistance before sharing it with any other member or consuming it myself.
I agree that if I make arrangements to ride-share or foray with other participants or event attendees of Saratoga Wild Roots, all of the inherent and obvious risks of traveling with strangers to remote and isolated areas are mine alone. I understand that participation with Saratoga Wild Roots and attendance to public events is open to the general public, and Saratoga Wild Roots does not perform any advance checking of the criminal history, background, or moral character of any of its attendees. I agree that no liability shall attach to Saratoga Wild Roots or its agents, directors, officers, employees, or membership for torts or criminal acts committed by individuals or attendees while at Society events or traveling to or from them.
I agree that I will not use the Saratoga Wild Roots website or Saratoga Wild Roots activities for trafficking in illegal species of hallucinogenic fungi or other contraband, nor any discussions or demonstrations of techniques intended solely for illicit cultivation of illegal fungal species, nor engage in any other illegal or (in the sole judgment of Saratoga Wild Roots) undesirable activity pertaining to these species.
I agree not to use the Saratoga Wild Roots website or Saratoga Wild Roots events or activities for commercial harvesting.
I agree not to post anything on the Saratoga Wild Roots website, nor to engage in speech or conduct at any Saratoga Wild Roots activity or event, that is (in the sole judgment of Saratoga Wild Roots) abusive, harassing, threatening, racist, sexist, obscene, illegal, flagrantly or persistently off-topic or disruptive, or offering goods or services for sale that are unrelated to the purposes of Saratoga Wild Roots.
If I bring a pet to a foray or other event where pets are permitted, I agree to keep it leashed or otherwise under reliable, continuous control. I accept all liability, and indemnify and defend and hold harmless Saratoga Wild Roots and all its agents, officers, membership, and affiliates, for any injuries caused by my pet. I understand that aggressive, uncontrollable, or otherwise unsuitable pets may not be permitted to take part in Saratoga Wild Roots events, at the sole discretion of the foray captain, event host, or other official(s) in charge of the event.
If I bring a firearm or other weapon to a Saratoga Wild Roots event or activity, I agree to comply with all laws and regulations pertaining to its possession and use, and to keep it always securely holstered on my person in a safe condition, or secured in a vehicle or safe under lock and key, unless its use is unavoidably required for emergency signaling or to protect human life or health. I accept all liability, and indemnify and defend and hold harmless Saratoga Wild Roots and all its agents, officers, membership, and affiliates, for any injuries or torts resulting from my possession or use of a firearm or other weapon.
I agree that repeated or egregious violations of these terms may result in temporary suspension or permanent loss of participating with Saratoga Wild Roots, as well as loss of posting privileges on Saratoga Wild Roots website, and could result in referral to law enforcement authorities if warranted.
I grant Saratoga Wild Roots permission to take photographs and video recordings of me and to display; publish; or otherwise use any photographs, video recording, or any other media associated with the event, including any media which contains my image or likeness, for Saratoga Wild Roots’s purposes. I also consent to the use of my name in connection with such images. I release, indemnify and hold harmless Saratoga Wild Roots and its officers, directors, agents and employees from any and all claims which may result at any time by reason of the use of my image and name, including, without limitation, claims of privacy. My heirs, executors, administrators and assigns shall be bound by this consent and release.
I agree that my electronic acknowledgement of the terms of this document shall be considered equivalent in law to physically signing a printed copy of this document. I further agree that any continued online connection to the Saratoga Wild Roots website, after I have been notified that this document is a mandatory contract governing the terms of usage for my connection to this site, shall be considered equivalent in law to affirmatively taking action to electronically or physically sign this document. I further agree that if for any reason I cannot electronically sign and agree to the terms of this document on behalf of myself or my minor child or ward prior to taking part in a Saratoga Wild Roots event, I must print and sign a paper copy of this document and deliver it to the event organizer or captain before I/we will be allowed to participate.
For use if time or technological capabilities do not permit electronic acknowledgment of and agreement to these terms.
I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ALL OF ITS CONTENTS AND LEGAL EFFECT. I AGREE THAT THIS RELEASE IS CONTRACTUALLY BINDING, AND I SIGN IT OF MY OWN FREE WILL.
