Thursday, September 14, 2006

Danger

I read this post yesterday and it reminded me of an hilarious disclaimer that we had to sign last year when we went hiking in a private nature preserve on Maui. Though you may not have guessed from the tone of this disclaimer, the trail was nice and at no point on the hike did we fear for our lives.


Nature is unpredictable and dangerous. Mountains are dangerous. Many books have been written about these dangers, and there's no way we can list them all here. Read the books.

The Waihee Valley swinging Bridges Trail is covered in steep terrain with loose, slippery and unstable footing. The weather can make matters worse. Sheer drops are everywhere. You may fall, be injured or die. There are hidden holes. You could break your leg. There are wild animals, which may be vicious or carriers of dread (sic) diseases. Plants can be poisonous as well. We don't do anything to protect you from any of this. We do not inspect, supervise or maintain the grounds, rocks, cliffs or other features, natural or otherwise.

Real dangers are present even on trails. Trails are not sidewalks. They can be, and are, steep, slippery and dangerous. Trail features made or enhanced by humans, such as steps, suspension bridges, walls and railings (if any) can break, collapse, or otherwise fail catastrophically at any time. We don't promise to inspect, supervise or maintain them in any way. They may be negligently constructed or repaired. They are unsafe, period. Live with it or stay away.

Stay on the trails whenever possible. The terrain, in addition to being dangerous, is surprisingly complex. You may get lost. Carry food, water and first aid supplies and a cell phone at all times.

Rocks and other objects can fall from the cliffs. They can tumble down slopes. This can happen naturally, or be caused by other hikers above you. Rocks of all sizes, including huge boulders, can shift, move or fall with no warning. A whole rock formation might collapse and squash you like a bug. Don't think it can't happen.

Weather can be dangerous, regardless of the forecast. Be prepared with extra clothing, including rain gear. Hypothermia, heat stroke, lightning, etc. can kill you. Rain can cause swelling of the steam (sic), including flash floods and turn easy terrain into a deathtrap.

If you scramble in high places (scrambling is moving over terrain steep enough to use your hands) without proper experience, training, or equipment, or allow children to do so, you are making a terrible mistake. Even if you know what you've doing, lots of things can go wrong and you be injured or die. It happens all the time.

The landowner does not provide rangers or security personnel. The other people on the trail, including other visitors, our employees, agents, and guests, and anyone else who might sneak in, may be stupid, reckless, or otherwise dangerous. They may be mentally ill, criminally insane, drunk, using illegal drugs and/or armed with deadly weapons and ready to use them. We aren't necessarily going to do anything about it. We refuse to take responsibility.

If you hike, you may die or be seriously injured. This is true whether you are experienced or not, trained or not, equipped or not, though training and equipment may help. It's a fact, hiking is extremely dangerous. If you don't like it, stay at home. You really shouldn't be doing it anyway. We don't provide supervision or instruction. We are not responsible for, and do not inspect or maintain the trails. As far as we know, any of them can and will fail and send you plunging to your death. There are countless tons of loose rock ready to be dislodged and fall on you or someone else. There is any number of extremely and unusually dangerous conditions existing on and around the trail, and elsewhere on the property. We may or may not know about any specific hazard, but even if we do, don't expect us to try to warn you. You're on your own.

Rescue services are not provided by the landowner, and may not be available quickly or at all. Local rescue squads may not be equipped for or trained in mountain rescue. If you are lucky enough to have somebody try to rescue you or treat your injuries, they may be incompetent or worse. This includes doctors and hospitals. We assume no responsibility. Also, if you decide to participate in a rescue of some other unfortunate person, that's your choice. Don't do it unless you are willing to assume all risks.

By entering the Waihee Valley Swinging Bridges Trail, you are agreeing that we owe you no duty of care of any other duty. We promise you nothing. We do not and will not even try to keep the premises safe for any purpose. The premises are not safe for any purpose. This is no joke. We won't even try to warn you about dangerous or hazardous condition (sic), whether we know about it or not. If we do decide to warn you about something, that doesn't mean we will try to warn you about something else. If we do make an effort to fix an unsafe condition, we may not try to correct any others, and we may make matters worse! We and our employees or agents may do things that are unwise and dangerous. Sorry, we're not responsible. We may give you bad advice. Don't listen to us. In short, ENTER AND USE THE PRESERVE AT YOUR OWN RISK. And have fun!

Management

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