Mountain Club of Uganda Membership Terms & Conditions

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Introduction

What you are about to read and are requested to approve is a release of liability. Upon signing it, you will give up your right to sue the Mountain Club of Uganda or anyone associated with the Club for injuries or losses you suffer on a Club activity, while using Club facilities or using any partner facilities. In short, you cannot recover any money from the Club or its partners if you are hurt while participating in Club activities, including outings.

This release is essential because the Club is a non-profit corporation formed for promotion of outdoor activities and for educational purposes. The committee members, directors, instructors and trip leaders are volunteers. Without this program of protection of assets and leaders, the Mountain Club of Uganda would not be able to offer its activities. Members must understand the dues paid cover only the administrative costs of the Club and are not used to pay the instructors or trip planners.

Please take your time and read this Release Agreement very carefully. Approve the document only after you have read and understand everything. If you have any questions about the agreement, contact Club officers  or consult your attorney. If you do not sign this agreement, the Club cannot allow you to participate or join.

Terms and Conditions

By becoming a member of the Mountain Club of Uganda (MCU), I hereby agree to fully comply with the provisions of the Articles of Association as passed by the General Assembly and the below Terms and Conditions.

The Articles of Association (Feb 2019) can be found here.

Safety Precaution and Liability Terms & Conditions

Although precautions will be taken to minimise the risk, any outdoor activities, such as but not limited to climbing, mountaineering, hiking, biking, kayaking or cycling are still potentially dangerous activities. It is the responsibility of each participant (or their parent/guardian or school or youth club representative) to ensure his or her own safety. The MCU does not take responsibility for the actions of its members and cannot be held accountable  or liable in the case of any incidents.

In accordance with the above statement, by becoming a member, I hereby declare that:

  1. I recognise that climbing, kayaking, mountaineering and other outdoor activities are with a danger of personal injury or death.
  2. I am aware of, and accept these risks.
  3. I am responsible for my own (and my child’s or the children under my supervision’s) safety, actions and involvement in MCU activities.
  4. I understand, that the committee members, directors, instructors and trip leaders are volunteers. They do not hold themselves out to be professionals and they are not expected to be and should not be held to the same standard of care. I understand that I am voluntarily participating in this organization and its activities. Dues and Course Fees paid cover only the administrative costs of the MCU. I understand that I am not paying for professional instruction and guiding. I understand that a trip needs to be endorsed by a committee member to be considered an MCU trip. Several MCU members going on a trip together does not make it an MCU activity.
  5. I recognize the MCU could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the opportunity to participate in this activity, I release the MCU and anyone associated with the club, including without limitation its committee members, directors, advisory board members, staff, instructors,  trip leaders, members, agents, partners, landowners on which MCU activities take place and third parties from all liability, claims, demands or causes of action of any kind whatsoever, including but but not limited to any claims of negligence which may arise as a result of my participation in a club sponsored activity or from the use of club property or equipment. This includes but is not limited to any loss of life, injury or loss or damage to personal property to me or any other participant arising from their taking part in any MCU activity, other than that required by law.
  6. I understand that it is my responsibility to safety check any equipment, gear and rock that I use during MCU activities, including all climbing equipment. This includes my own gear, borrowed or rented gear or gear installed on the rock.
  7. During rock climbing, bouldering or scrambling I am responsible for my own (and my child’s or the children’s under my supervision) safety and to check the stability of the rocks, as well as the anchors (belays, bolts, rings, maillon, chain and bolts) that are on rock.
  8. I am (my child is, the children under my supervision are) physically fit and I agree to disclose any information of any known medical conditions that may affect my (my child’s, the children’s under my supervision) personal safety, or the safety of others before each trip.
  9. I am aware that MCU activities are not insured, so for example Personal or Third-Party accident, medical or theft insurance is not included in MCU activities.
  10. I am responsible for my own (my child’s, the children’s under my supervision) personal insurance and to check that the insurance covers trip activities.
  11. I am aware that there is no mountain rescue service in Uganda, thus I must take great precaution when participating in MCU activities to ensure safety and a sensible contingency plan. I am aware of the limits of technology (i.e. mobile phone network coverage).
  12. In consideration of my opportunity to participate and in recognition of the fact all persons participating in MCU-sponsored activities are volunteers, I further agree to waive any right to sue and release the MCU, its committee members, directors, staff, agents, trip leaders, members, agents, partners or landowners on which MCU activities take place from all claims or causes of actions of whatever type for injuries, death or property loss resulting from anyone’s attempt to rescue, aid, or assist me (my child, the children under my supervision) or others if an emergency arises. This includes, but is not limited to, the attempt to remove others or me (or my child, the children under my supervision) from the dangerous situation or environment, the administration of first aid, anesthetics, blood transfusions, or the use of judgment as to the proper course of action in an emergency.

General Terms & Conditions

By becoming a member, I hereby declare that I agree to the below General Terms & Conditions:

  1. Membership is valid for one year from the date of signing up and then the membership needs to be renewed in following years to remain a member.
  2. Each participant is required to pay the annual membership fee, which covers an unlimited number of MCU trips over the year. The annual fee will be used by the Club to obtain or replace required equipment and gear used on trips and club administrative costs. The fee does not cover trip expenses such as accommodation, transports or food.
  3. Membership fees are non-refundable and must be received by the start of the first MCU trip. An exception is made for a person’s first climbing trip to the Quarry in Muyenga or the International School of Uganda in Lubowa, where upon agreeing to the terms and conditions and the release of liability, a person is allowed to climb once before becoming an official MCU member.
  4. The MCU Committee reserve the right to refuse participation to anyone at any time without having to disclose the reason.
  5. MCU expects all club members to act in a responsible, sensible and sensitive manner at all times. Many of the Club’s privileges arise from good relationships formed on the reputable name of the Club, thus it is important for the continuation of Club of activities all members act in this way.
  6. MCU expects all members to follow the safety procedures put in place by the trip leader on an MCU trip. Especially during climbing trips but not limited to climbing trips, the trip leader may advise a member on safety techniques. It is expected that all MCU members follow these instructions. If the person refuses to follow the safety instructions, the trip leader may immediately terminate their participation in the trip or event and forfeit all money paid. The MCU committee may decide to forfeit this person’s right to participate in any other MCU trip in the future.
  7. If any participant is deemed to be acting inappropriately or unsafe to himself or someone else, a Club Committee member or trip leader may immediately terminate their participation in the trip or event and forfeit all money paid and the MCU committee may decide to forfeit this person’s right to participate in any other MCU trip in the future.
  8. If any information provided is found to be false, participants risk losing their eligibility to be a participant on any MCU trip.
  9. If you cancel participation, there will be no refund payable of already allocated or spent funds.
  10. If cancellation of the trip occurs due to unusual or unforeseen circumstances beyond Club control such as a national emergency, natural disaster, fire, extreme bad weather, or other such events (acts of force majeure), then the MCU will advise participants as soon as it is reasonable to do so. There will be no refund payable of any funds that have already been spent and cannot be recovered.
  11. MCU reserves the right to make any reasonable changes to the program of activity so long as these do not affect to any material extent the nature & scope of the activity.
  12. MCU is a platform for interested parties to meet and participate in outdoor trips and activities. It is not a tour guide company. Club members can provide advice on trip planning, mountaineering activities and locating equipment. It is each participant’s own responsibility to act or not to act upon any advice received and recommendations made. It is also each participant’s own responsibility to make their own arrangements and logistics when participating in an MCU trip.
  13. MCU may provide details to contact and hire people to help an activity, e.g. porters and guides. It is important to understand that any agreement is with the individual and not MCU. MCU can provide guide prices to be paid but these must be established on an individual basis. It is also important to recognise that in employing such persons, that an individual becomes responsible for that person. Guides and porters must be looked after and have the right equipment and supplies, i.e. food and shelter. Check their equipment if anything visually before you leave to ensure they are fully equipped. These logistics must be agreed upon on a case-by case basis.
  14. MCU may use any photographs or videos taken of any MCU member during any MCU activity to publicise the event and the MCU (including posting on Facebook and the Club’s website).
  15. MCU reserves the right to change the terms and conditions at any point. MCU will notify their members of any changes made to the terms and conditions. Members are given the option to resign their membership within one month of the changes to the terms of conditions. There will be no membership refund if a member chooses to resign his/her membership. If you do not resign your membership within this time period, you give your consent to the changes.

Additional Membership Terms and Conditions for Minors that are 16 or 17 Years of Age

  1. Minimum age for unsupervised participation is 16 years.
  2. Different from the adult member registration, a parent/ legal has to complete the registration form and agree to the Terms and Conditions.
  3. By completing the Registration Form the parent / legal guardian consents that all the Safety Precaution and Liability Terms & Conditions and General Terms & Conditions (see above) apply to the adolescent. This includes consenting that neither MCU nor any MCU member(s) shall be liable for any loss of life, injury or loss or damage to personal property to the adolescent from their taking part in any MCU activity.
  4. Further, by completing the Registration Form the parent / legal guardian confirms that the adolescent is mature enough to be able to take care of its own safety and does not require supervision.
  5. By completing the Registration Form the parent / legal guardian consents to any emergency treatment  necessary during or as a result of the activity, including the use of anesthetics and blood transfusions. The parent / legal guardian understands that the trip leader will respond to any emergency according to their best judgement, and accept the (financial) implications of his/her decision.
  6. Although the trip leaders are experienced in conducting the activity, they are not certified experts. The MCU can not be held liable for the actions or guidance of any other persons present during the activity.
  7. The parent / legal guardian understands that a certain level of acceptable behavior is required to participate in outdoor activities and that the adolescent may be excluded at any point from activities by the trip leader if this level is not maintained.

Additional Membership Terms and Conditions for Minors Below 16 Years of Age

  1. Different from the adult member registration, a parent/ legal has to complete the registration form and agree to the Terms and Conditions.
  2. Minors below 16 years of age needs constant supervision by a guardian during any MCU activity. MCU is not responsible for the supervision of the minor during MCU activities. The Guardian is solely responsible for the supervision and safety of the child at all times during MCU activities.
  3. The guardian to supervise the minor at the MCU activity does not have to be the parent / legal guardian, but has to be authorised by the parent / legal guardian to supervise the minor during MCU activities and has to take full responsibility for the child and its actions.
  4. By completing the Registration Form the parent / legal guardian consents that all the Safety Precaution and Liability Terms & Conditions and General Terms & Conditions (see above) apply to the minor. This includes consenting that neither MCU nor any MCU member(s) shall be liable for any loss of life, injury or loss or damage to personal property to the child from their taking part in any MCU activity.
  5. By completing the Registration Form the parent / legal guardian consents to any emergency treatment  necessary during or as a result of the activity, including the use of anesthetics and blood transfusions. The parent / legal guardian understands that the guardian will respond to any emergency according to their best judgement, and accept the (financial) implications of his/her decision.
  6. Although the trip leaders are experienced in conducting the activity, they are not certified experts. The MCU can not be held liable for the actions or guidance of any other persons present during the activity.
  7. The parent / legal guardian understands that a certain level of acceptable behavior is required to participate in outdoor activities and that the minor may be excluded at any point from activities by the trip leader if this level is not maintained.

Additional Membership Terms and Conditions for Schools and Youth Clubs

  1. Different from the adult member registration, a legal representative of the school or youth club has to complete the registration form and agree to the Terms and Conditions on behalf of the school or the youth club.
  2. Students need constant supervision by a school representative or a person contracted by the school to do so during any MCU activity. MCU is not responsible for the supervision of the minor during MCU activities. The school representative or the person contracted by the school to supervise the students is solely responsible for the supervision and safety of the students at all times during MCU activities.
  3. The school or youth club is responsible to obtain the permission of the parents or legal guardians for the students to participate in MCU activities. The school is further responsible for explaining to the parents the risks to the students during the MCU activities and that the school or youth club takes full responsibility for their activities and any possible liabilities.
  4. The school representative or the person contracted by the school to supervise the students during MCU activities has to take full responsibility for the students and their actions.
  5. By completing the Registration Form the school or youth club consents that all the Safety Precaution and Liability Terms & Conditions and General Terms & Conditions (see above) apply to the students. This includes consenting that neither MCU nor any MCU member(s) shall not be liable for any loss of life, injury or loss or damage to personal property to the student from their taking part in any MCU activity.
  6. By completing the Registration Form the school or youth club consents to any emergency treatment  necessary during or as a result of the activity, including the use of anesthetics and blood transfusions. The school or youth club understands that the school representative or the person contracted to supervise the students will respond to any emergency according to their best judgement, and accept the (financial) implications of his/her decision.
  7. Although the trip leaders are experienced in conducting the activity, they are not certified experts. The MCU can not be held liable for the actions or guidance of any other persons present during the activity.
  8. The school or youth club understands that a certain level of acceptable behavior is required to participate in outdoor activities and that the students  may be excluded at any point from activities by the trip leader if this level is not maintained.