River Expeditions Liability Form printable pdf download

RELEASE, ASSUMPTION OF RISK and INDEMNITY AGREEMENT

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I acknowledge that, directly or indirectly, I have requested that I or the minor identified below be allowed to participate

in certain activities and be allowed to utilize certain services provided by Extreme Expeditions of West Virginia, Inc.; Rivers;

Appalachian Wildwaters; USA Raft; and/or River Expeditions, Inc., and they and any commonly owned, related, parent or

subsidiary corporations and entities, their owners, officers, directors, agents, and employees, whether or not separately identified

herein, and/or any successor and/or assignee, are hereafter collectively referred to as “Outfitter.”

I acknowledge that, whether or not I or the minor identified below participate in any whitewater rafting activities, the Outfitter

may have been requested to arrange for or allow me or the minor identified below to participate in other activities or use services

provided by the Outfitter or by other persons, businesses, or entities, including but not limited to helicopter sightseeing tours, biking

activities, rock climbing & rappelling, horseback riding, ATV tours, canopy and zip line tours, and/or paint ball games and activities,

camping or use of cabins, the swimming pool and/or hot tub, providers of food, beer, or other products, and acknowledge that Outfitter

has made no representation whatsoever as to the safety or quality of those activities or services but has only made arrangements for

me or the minor to participate in those activities or use those services as an accommodation to me at my request.

I understand that I am about to engage in activities that pose substantial risks of physical injury and/or death, disease

or illness and/or damage to or loss of personal property as the result of exposure; travel over and through rough terrain and on

public or private roads; traveling on turbulent and cold whitewater rivers and streams in rafts, kayaks, duckies, or other floatation

devices; jumping, diving, or being thrown into the water; striking rocks and other obstructions or encountering standing waves or

turbulent waters; the use of paddles, oars and other equipment; other unnamed but foreseeable risks related to whitewater activities;

injuries by insects, animals or reptiles; the lack of adequate medical facilities in remote areas; travel by air, train, automobile, truck,

bus, horse, bicycle, ATV, and/or other conveyance while traveling to or from an activity site or participating in an activity; camping

out and using primitive facilities; the negligence, gross negligence, and/or bad judgment of the Outfitter, other providers and/or

other participants; and defects in equipment or products. I understand that I am subject to even greater risk on and about the Gauley

River because of higher water flow, steeper gradient (greater drop per mile), inaccessible locations, and the difficult and dangerous

surrounding terrain or in Wildside and/or Extreme Wildside rafting activities because of the smaller rafts used and the more hazardous

whitewater conditions undertaken. I represent that I am in good physical condition and health and am able to safely participate in

the activities in which I have requested to be allowed to do so.

In consideration of and as part payment for my right or that of the minor identified below to participate in such

activities and utilize such services, I PERSONALLY do hereby, to the greatest extent permitted by law, ASSUME all of the

reasonably related and foreseeable risks, whether or not specifically identified herein, of all the activities and services in which

either of us participate or which either of us use; RELEASE the Outfitter from any and all liability, including but not limited

to liability arising from negligence, gross negligence and/or willful and wanton conduct; and, will INDEMNIFY and hold the

Outfitter harmless from any and all liability, claims, and demands of every kind and nature whatsoever which I or the minor

identified below may ever have arising, directly or indirectly, from participation in any and all such activities or using such

services, including Outfitter’s defense costs and expenses and/or the cost of any medical or other expenses incurred for my

or such minor’s benefit.

I consent to the use by the Outfitter of photographs and video recordings made of me or the minor identified below while

participating

in such activities or using such services without further compensation and agree that all such materials including negatives, are the

sole property of the Outfitter.

I agree that the exclusive venue of any suit or claim against the Outfitter for any reason whatsoever shall be the Magistrate

or Circuit Courts of Fayette County, West Virginia; consent to the jurisdiction of such Courts as to any action against me to enforce

this Agreement; agree that this Agreement is to be enforced in accordance with the law of the State of West Virginia; and agree that

if any part of this Agreement is found to be invalid that all other portions shall be fully enforceable.

Adult Signature X______________________________________________________________ Date _______________________________

FOR PARTICIPANTS UNDER THE AGE OF 18

I, the minor whose name appears below, have read or had my parent or legal guardian read this Agreement on both sides of this document and

agree to all of the terms and conditions:

Minor’s Signature X___________________________________________________________ Date of Birth _________________________

PARENT/LEGAL GUARDIAN PERMISSION FOR MINOR TO PARTICIPATE:

Having legal authority to do so, I give the above minor permission to participate in the activities offered by or arranged through the Outfitter,

give the Outfitter permission to provide medical treatment or authorize such treatment in case of emergency or accident; and, will indemnify

and hold harmless the Outfitter as stated in this document for any legal claims made by or on behalf of the said minor.

Parent/Legal Guardian Signature X___________________________________________________ Date ___________________________

(Relationship to Minor)________________________________________________________________

SEE THE REVERSE SIDE OF THIS DOCUMENT

River Expeditions Liability Form

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