Outfolk Terms & Conditions
IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, A MANDATORY ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR DAMAGES IN COURT.
THIS AGREEMENT IS GOVERNED BY CALIFORNIA LAW. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE AGREEING.
1. COMMUNITY VALUES
Outfolk is a collective committed to inclusivity, connection, and respect in the outdoors. As a member, you agree to:
Welcome people of all races, ethnicities, gender spectrum, sexual orientations, abilities, and backgrounds
Use people's self-determined names and pronouns, and respect their self-determined identities
Refrain from demeaning, offensive, or discriminatory language or behavior
Treat all members, staff, volunteers, and community partners with kindness and respect
Failure to uphold these standards may result in immediate suspension or termination of membership without refund, at Outfolk's sole discretion.
2. CONDUCT & PARTICIPATION
Members agree to:
Uphold the Community Values as outlined in Sec.1 of the Outfolk Membership Terms & Conditions
Follow all instructions provided by Outfolk guides, facilitators, leaders, and volunteers during activities
Refrain from harassment, bullying, threats, or unsafe behavior of any kind
Respect shared spaces, natural areas, and community partners
Avoid disruptive use of alcohol or substances during events
Comply with all applicable federal, state, and local laws and regulations
Failure to uphold these standards may result in immediate suspension or termination of membership without refund, at Outfolk's sole discretion.
3. COMPREHENSIVE ASSUMPTION OF RISK AND RELEASE OF LIABILITY
⚠️ PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS ⚠️
ACKNOWLEDGMENT OF INHERENT RISKS
You acknowledge and understand that participation in outdoor recreational activities organized by Outfolk involves INHERENT AND SIGNIFICANT RISKS of property damage, serious bodily injury, and death. These risks are an integral part of outdoor activities and cannot be eliminated, regardless of the care taken to avoid injuries. You further acknowledge that these risks may include, but are not limited to, risks arising from the ORDINARY NEGLIGENCE of Outfolk or the Released Parties (defined below).
Specific risks include, but are not limited to:
Hiking and wilderness travel in remote areas with uneven, unstable, or slippery terrain.
Weather-related hazards including extreme temperatures, storms, lightning, and natural disasters.
Wildlife encounters including, but not limited to, bears, mountain lions, snakes, and insects.
Falls, slips, and trips on rocks, logs, ice, snow, or other natural obstacles.
Getting lost or separated from the group.
Equipment failure or malfunction.
Medical emergencies including dehydration, heat exhaustion, hypothermia, and allergic reactions.
Transportation risks including vehicle accidents.
Actions or omissions of other participants, guides, volunteers, or third parties.
Inadequate rescue or medical treatment due to remote locations.
River and water hazards including swift currents and drowning.
Rockfall, avalanches, and other natural hazards.
VOLUNTARY ASSUMPTION OF RISK
I VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS associated with participation in Outfolk activities, including the risk of injury or death resulting from the ORDINARY NEGLIGENCE of the Released Parties. I understand that the risks described above are not exhaustive and that other unknown or unanticipated risks may result in injury or death. I voluntarily agree to assume all such risks.
RELEASE AND WAIVER OF LIABILITY
In consideration for being permitted to participate in Outfolk activities, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Outfolk LLC, its officers, directors, employees, agents, volunteers, independent contractors, guides, instructors, successors, and assigns (collectively "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my property while participating in Outfolk activities.
THIS RELEASE APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, CLAIMS OF ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. THIS RELEASE DOES NOT APPLY TO CLAIMS OF GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, OR INTENTIONAL TORTS.
CALIFORNIA CIVIL CODE SECTION 1542 WAIVER
You acknowledge that you have read and understand the following provisions of California Civil Code Section 1542:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED BY SECTION 1542 AND AGREE THAT THIS RELEASE SHALL EXTEND TO ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED.
4. INDEMNIFICATION
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your participation in Outfolk activities, your breach of these Terms, your violation of any law, or any injury or damage caused by you.
5. MEDICAL CONDITION DISCLOSURE AND FITNESS REPRESENTATION
You represent and warrant that:
You are physically and mentally capable of participating in the activities for which you are registered
You have no medical conditions that would prevent safe participation or pose a risk to yourself or others
You will immediately disclose any medical conditions, medications, allergies, or physical limitations that could affect your participation
You will obtain appropriate medical clearance before participating if you have any doubts about your fitness level or medical condition(s).
Outfolk is not responsible for monitoring your health or fitness. You assume full responsibility for determining your ability to safely participate.
6. EMERGENCY CONTACTS AND MEDICAL AUTHORIZATION
You authorize Outfolk representatives to obtain emergency medical treatment for you if you are unable to consent. You agree to be responsible for all costs associated with such treatment and any related evacuation or transportation.
7. ACCESSIBILITY COMMITMENT
Outfolk is committed to making reasonable efforts to accommodate members with disabilities. Please communicate any accessibility needs at least 7 days in advance of an event. Our ability to accommodate may be limited by safety, terrain, and available resources.
8. SUBSTANCE POLICY
Alcohol may be consumed responsibly only at designated social events. Illegal and controlled substances are strictly prohibited during all Outfolk activities. Violation of this policy will result in immediate removal without refund.
9. AGE POLICY AND MINOR PARTICIPATION
Standard membership is for adults 21 years and older. Minors may participate in designated family-friendly events only if accompanied by a parent or legal guardian at all times.
If you are a parent or legal guardian of a minor participant, you must execute a separate waiver for that minor. By signing that waiver, you acknowledge and agree that:
You are waiving legal rights on behalf of both yourself and the minor child.
You are giving up the right for the minor to sue for injuries resulting from the risks described herein, including those caused by the ordinary negligence of the Released Parties.
You have the legal authority to act on behalf of the minor and to bind both the minor and yourself to these terms.
10. REFUNDS, CANCELLATIONS, AUTOMATIC RENEWAL AND FORCE MAJEURE
Automatic Renewal of Membership:
Your Outfolk membership will automatically renew at the end of each subscription period (e.g., annually or monthly) unless you cancel it. By agreeing to these terms, you provide your EXPRESS AFFIRMATIVE CONSENT to the automatic renewal of your membership. We will notify you via email before your annual membership renews.
Cancellation Policy:
You may cancel your membership at any time. To cancel, please log into your account on our website and follow the cancellation instructions, or email us at hello@outfolk.org. Your cancellation will be effective at the end of your current billing period, and you will not be charged for the subsequent period. You will retain access to membership benefits until your current billing period ends.
Refunds
Membership Fees: Membership fees are non-refundable, except as required by law. If you cancel, you will not receive a refund for the current billing period, but you will not be charged for future periods.
Force Majeure:Outfolk is not liable for cancellations or delays due to circumstances beyond our reasonable control (e.g., natural disasters, government actions, public health emergencies).
Event Fees:
14+ days before event: Full refund minus $20 processing fee.
7-13 days before event: 50% refund.
Less than 7 days before event / No-shows: No refund.
If Outfolk cancels an event, you will receive a full refund.
11. INTELLECTUAL PROPERTY RIGHTS
All content and materials provided by Outfolk are our proprietary intellectual property. You agree not to copy, reproduce, or distribute these materials without our written permission.
12. PHOTOGRAPHY, MEDIA, AND PRIVACY
By participating, you grant Outfolk a license to use your name and likeness in media for promotional purposes. You may opt out by providing written notice to hello@outfolk.org. Our collection and use of personal information are governed by our separate Privacy Policy, which is available on our website and compliant with the California Consumer Privacy Act (CCPA).
13. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Mandatory Arbitration of Disputes:
Any dispute, claim, or controversy arising out of or relating to these Terms or your participation in Outfolk activities shall be determined by binding arbitration in Ventura County, California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
CLASS ACTION WAIVER:
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to file a class action or seek relief on a class basis.
Governing Law and Venue:
These Terms shall be governed by the laws of the State of California. For any action not subject to arbitration, the exclusive jurisdiction and venue shall be the state or federal courts located in Ventura County, California.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID TO OUTFOLK IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR AS OTHERWISE PROHIBITED BY CALIFORNIA LAW.
15. MEMBERSHIP TERMS AND MODIFICATIONS
Outfolk reserves the right to modify these Terms at any time with 30 days' written notice to members via email. Continued participation after notice constitutes acceptance of the modifications.
16. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms & Conditions is found to be unenforceable under California law, the remaining provisions shall remain in full force and effect. These Terms & Conditions constitute the entire agreement between you and Outfolk regarding your membership and supersede all prior agreements and understandings.
17. ACKNOWLEDGMENT AND AGREEMENT
BY COMPLETING YOUR MEMBERSHIP REGISTRATION, YOU ACKNOWLEDGE THAT:
You have read and fully understood these Terms & Conditions.
You have had the opportunity to consult with an attorney.
You are voluntarily agreeing to these terms and are legally competent to do so.
YOU UNDERSTAND THAT YOU ARE WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE.
Your electronic acceptance of these terms constitutes a legally binding signature.