OutGrown Community Agreement & Waiver

 

OutGrown Community Agreement

At OutGrown, we create virtual and in-person communities and host events that are welcoming to every family, regardless of background, race, gender, religion, ability, parenting style, family dynamic and more.  To ensure this is a safe, welcoming environment, we encourage everyone to be open to learning, be considerate of others, and to have respect for every person who participates within the community. As a member of the OutGrown community you are committing to:

 

Be Open

  • We are a judgment-free community that supports and respects all opinions and beliefs. Come as you are with open minds and open hearts. Connect with the experience, the community, and the outdoors. Be curious about other perspectives and willing to listen to and learn from each other. 

Be Authentic

  • Bring your whole self, and if you feel comfortable, we encourage you to be vulnerable and honest about your experiences, challenges you are facing, and support you might need. As a community, we want to celebrate the differences among us, recognizing different cultural, racial, physical, and individual experiences impact us as individuals and parents. We believe that sharing our stories, connecting, and showing up authentically helps us grow a stronger, more resilient community. 

Be Kind

  • Understand our community is diverse, with different experiences that have shaped who we are and why we are a part of OutGrown. You never know how one act of kindness can make the difference, especially for us parents as we navigate the adventures of raising little ones. Practice kindness in your OutGrown community. Assume the best of each other. 

Be Respectful

  • OutGrown does not tolerate discrimination or harassment of any kind within our communities. OutGrown brings families together and celebrates and uplifts their differences. Your words, body language, and attitude matter. Focus your energy toward positive inclusivity and understanding. Even if you did not intend harm, your words and actions may have caused them. Be willing to listen, learn, be accountable, and take action to do better. 

Be Supportive

  • We leave no family behind and accommodate all families, including those that are disabled, neuro-diverse, have behavior differences, have made different choices in their parenting, are from different cultures, religions, or racial backgrounds, who may have different gender or orientation expressions, different family make-ups, different socio-economic statuses, or may not otherwise feel welcome in other spaces or communities. Together, we work hard to create a welcoming environment, stay elastic, and support each other’s needs.

Be a Voice

  • Listen, learn, and engage in constructive conversation with other members. When faced with a situation where you may not agree, or feel the conversation has shifted away from any of these commitments, speak up, listen, and ensure that everyone is heard. You have a powerful voice that can support OutGrown in its commitments to diversity, equity, and inclusion. 

Virtual Community

  • OutGrown’s social media pages and other online experiences help us share stories, links, photos, videos, and other content relevant to members of OutGrown’s community. We share information designed specifically for the community and the programs that connect and empower families to our Mission, Vision, and Values

  • As a user of OutGrown's virtual communities which include any communications (interactive websites, streaming events, and live chat) on the OutGrown discussion boards, and OutGrown's social media platforms (Facebook, Instagram, LinkedIn, TikTok), you agree to engage in discussions that are authentic, healthy, respectful, factual, and topical. We reserve the right to remove any content that does not align within our Community standards. 

In-Person Community

OutGrown in-person events are the core of our communities and developed programming. It is how we engage and connect as a community. At every event, you as a community member should expect and help us uphold these efforts:

  • LEAVE NO FAMILY BEHIND

    •  We understand bringing children on trail can bring unique challenges, so if you need to stop to change a diaper or take a break to feed, we take it together! Additionally, our goal is to provide opportunities for everyone to join us in enjoying the outdoors so we strive for most of our hikes to be fee free. We understand many state and national parks require entrance and/or parking fees so please offer free or cost-saving options as the majority of event opportunities and be willing to help others navigate these barriers if you are hosting events with fees. 

  • WELCOME CIRCLE INTRODUCTIONS

    • Our events begin with a Welcome Circle, where we introduce ourselves and our families and set the intention for our time together.

  • JUDGMENT-FREE ZONE

    • We are a friendly and all-inclusive community. We come together to enjoy each other’s company, be healthy and expose our children to the wonders of nature. Leave your judgment at home.

  • RESPECT NATURE

    • We adhere to LEAVE NO TRACE ethics. This means if you hike it in, you hike it out. We act as stewards to protect our natural resources for our children and their future families.

  • WEAPONS AT OUTGROWN EVENTS

    • As an organization that serves families with babies and young children, we don't feel it is appropriate or necessary to have weapons at our events. We recognize that local laws differ and may allow individuals to carry firearms or other weapons. We also recognize that in some areas, it may be considered good practice to carry a weapon for self protection from animal attacks. However, we feel these situations are very rare during the type of events we are encouraging families to participate in with us. We also feel that our typical group size and the noise made often deters animal encounters. If there is a concern about dangerous encounters at events, we encourage community members to rethink the location and timing of the event so that it is less of a risk. Our support team is available to work through challenges and help find solutions at info@weareoutgrown.org. Small knives and other survival tools are not subject to this policy, but should be secured and out of reach of children. Those carrying bear mace or other spray deterrents are expected to take necessary and extra precautions to ensure it is out of the reach of children and secured in a manner to avoid accidental discharge while participating in group events. We encourage the use of noise based deterrents as the primary mode for keeping animals at bay.

As a community member, you are expected to operate according to this OutGrown Community agreement, read and agree to OutGrown's waiver and, agree to be responsible for yourself and your children at events that you are attending. In the event that you can not or will not abide to this agreement as its laid out above, OutGrown reserves the right to remove membership and ban participation for noncompliance on all platforms and at our in-person events. Please reach out to info@weareoutgrown.org if you have any questions or concerns regarding the community agreement.


 

OutGrown Waiver

Release of Liability, Assumption of Risk, and Indemnification Agreement

This Document affects your legal rights. Read it carefully before signing.

Activity and Associated Risks: I have chosen to participate in an outdoor recreational activity (hereinafter referred to as “the Activity”) with OutGrown (hereinafter referred to as “OG”). I understand that:

OG is not a guide service and therefore makes NO WARRANTIES, PROMISES, or GUARANTEES that the Activity is safe for family or myself. I understand that OG has not verified or approved the safety of the Activity listed on the calendar. It is solely my responsibility to determine whether I think the Activity exposes my family or myself to an unreasonable risk of harm or loss;

Hiking is an inherently dangerous activity. While hiking my child(ren) and/or myself may be exposed to dangers and hazards, including but not limited to: falling rocks, inclement weather, hostile or aggressive wildlife, falls, fractures, concussions, equipment failures, negligence of others, drowning, and/or death, as a consequence of these risks, my child(ren) and/or myself may be seriously hurt, disabled or may die from resulting injuries, and my property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the activity; and OG assumes no responsibility for providing medical care during the activity, and I will have to pay for any medical care and/or evacuation that I and/or my family incur.

While participating in the Activity, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19, consistent with CDC guidelines. I acknowledge that OG has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. I acknowledge that OG cannot guarantee I will not become infected with COVID-19.

Assumption of the Risk: I voluntarily, knowingly, and expressly assume the above-mentioned risks as well as other risks not listed that are part of the Activity, and any harm, injury or loss that may occur to me or my property as a result in my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of OG, its employees, agents, and officers, its contractors, and other Activity participants. I also understand that any equipment I provide or may borrow or rent from OG or any other provider I used at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

RELEASE OF LIABILITY: I hereby RELEASE OG, its owners or members, heirs, agents, attorneys, employees, assigns, other participants, sponsors, advertisers, contractors, equipment providers, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims excluded from being waived by law. I also agree NOT TO SUE or make a claim against the Released Parties for death, injury, loss, harm, or property damage or destruction which occur during the Activity or are related in any way to the Activity.

INDEMNIFICATION HOLD HARMLESS AND DEFEND: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

Outside Guides/Hike Hosts/Ambassadors or other volunteers: OG encourages everyone to participate by hosting hikes and other activities. I acknowledge that OG has no control over and assumes no responsibility for the actions of any volunteers hosting events at any time before, during, and after the Activity. I acknowledge that OG has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity. Additionally I know that Outside Guides,  ambassadors, hike hosts, other volunteers, and other participants of the Activity may have experience, training, or knowledge with baby wearing and child carriers. I understand any help, advice, adjustment, etc. I receive from these individuals should not be construed as professional advice but merely friendly suggestions. It is my responsibility to make sure I am familiar and comfortable with whatever method I choose to use to transport my baby.

INSURANCE: I do not expect OG to provide insurance or pay for any costs associated with harm, including being injured or killed, to my family or myself. I know that I have the option to purchase my own insurance. If I were to suffer any type of loss during the Activity, I would not want my loss to negatively impact OG. As I am assuming all of the risks associated with the Activity, I would find it harsh and inequitable to ask OG for indemnification relating to any events occurring during the Activity.

OG AND THE COMMUNITY: I believe OG serves a compelling public interest. It is important to me to see that OG maintains a strong public presence so that parents and caregivers are inspired to get out and explore nature. I would not want to see OG limit or restrict its activities because of concerns over liability. Participating in the Activity with OG is a purely recreational endeavor. I know there are numerous trails, campsites, parks, and other natural areas available throughout my area where I could hike and enjoy other outdoor recreational activities without limiting my rights as a plaintiff. I do not believe this agreement reflects a disparity in bargaining power. I view OutGrown as a group of like-minded participants working together to further common goals. I view myself as a member of the organization and not a customer or client. I understand that if I do not like the terms of the waiver, I am free to submit a counter-proposal to OG organizers.

USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of my family or myself or use of my name in connection with such likeness, and I grant to OG and its sponsors, partners, advertisers, and assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

MEDIATION AND ARBITRATION AGREEMENT: This agreement is governed by and shall be construed in accordance with the laws of the state of Oregon, without any reference to its choice of law rules. Any controversy or claim arising out of this agreement or in any way associated with the Activity shall be settled by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). All hearings and other procedures shall be held in Multnomah County, Oregon, before an Arbitrator who is a licensed attorney with at least 5 years of experience. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

If participant is under 18 years of age, signature of parent or responsible adult is required below:

In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This volunteer includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims of any liabilities that governing law does not permit to be excluded by agreement.