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BONE’S CANOE & CAMPGROUND RELEASE AND WAIVER OF LIABILITY AND PUBLICITY AND LICENSE FOR USE OF LIKENESS WAIVER
ACKNOWLEDGEMENT OF RISKS: I realize that there are inherent dangers in canoeing, kayaking, tubing and camping with or without a guide and that use of a canoe or kayak in or upon the water or camping in the wilderness may involve hazards to my safety including, but not limited to, the following: 1) Changing water flow or currents, trees, branches, rocks and boulders, submerged and/or semi-submerged objects; 2) Varying wind and weather conditions, the presence of other watercraft, the speed at which I/we travel, the stability characteristics of a watercraft, equipment failure, my/our sense of balance, and inability to control the craft or follow instructions; 3) Collision, upset, overturn, and sinking can result in getting wet, injured, exposed to the elements, and/or drowning; 4) An “act of nature” which may include trees falling, rocks falling, inclement weather, thunder and lightning, severe and/or varied wind, temperature, or weather conditions; 5) Travel to and from the activity; 6) Hot and cold weather related injuries and illnesses, including heat exhaustion, heat stroke, and hypothermia; 7) Traveling by foot or canoe through wooded areas and strenuous terrain where poison ivy, oak, and sumac, stinging bees and wasps, poisonous snakes, and other plants and wildlife can be found; 8) Falling, diving, swimming, or floating in a river or lake where there are no lifeguards present to rescue me/us from further injury or drowning; 9) Accidents or illness in remote places where there are no easily accessible medical facilities; 10) Personal property may be lost, damaged, or stolen.I also realize that risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of 4 Bones LLC d/b/a Bone’s Canoe & Campground (hereinafter referred to as the “Company”) or the negligence of participants or others and that risks and dangers may arise from foreseeable and unforeseeable causes including, but not limited to, a guide’s ability to make decisions or judge terrain, weather, trail, or river route, water levels or the risks of falling out, turning over or drowning while canoeing or kayaking or riding in the vehicle. I fully understand and acknowledge that the aforementioned risks, dangers, and hazards are integral to recreational activities taking place in an outdoor, remote, or wilderness environment and that wearing a U.S. Coast Guard approved flotation device is an important safety precaution.
MEDICAL AUTHORIZATION: I hereby authorize any medical treatment deemed necessary for any injury incurred while participating.
EXPENSES: I have appropriate insurance, or in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my behalf.
RELEASE OF LIABILITY: In consideration of the services and equipment provided for myself and any minor children for which I am their parent, legal guardian, or otherwise responsible, any heirs, personal representatives, or assigns, I do hereby release, waive, discharge hold harmless and indemnify the Company and its owners, officers, and employees, and each and every landowner upon whose property an activity is conducted from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, or otherwise which may arise out of my/our use of canoeing, kayaking, or tubing equipment or my/our participation in any of the aforementioned activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I/we may have presently or in the future for the negligent acts or other conduct by the owners, officers, or employees of the Company. In the event of a lawsuit occurring pertaining to this outing, I agree to pay all costs of litigation for both parties including, but not limited to, attorney’s fees.
EQUIPMENT: I/we agree to return the rented equipment in as good condition as when received except for reasonable wear or tear. Should any equipment not be returned, I agree to pay the Company its full value for replacement. Should any items be returned damaged, I agree to pay the Company in full for the repair expenses. I assume the responsibility for all attorney’s fees and costs of collection in the event the Company should determine it necessary to begin collection proceedings against me.
FORUM SELECTION: I/we agree that all matters involving litigation shall be heard in the Courts of Humphreys County, Tennessee.
USE OF LIKENESS IN PROMOTIONAL MATERIALS: I further consent to the use of my/our likeness in promotional materials published by or on behalf of the Company, including on websites and social media sites affiliated with the Company, and I grant the Company, for valuable consideration received, the absolute and irrevocable right and unrestricted permission concerning any photographs taken of me/us to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration. I release the Company from any and all claims and demands that may arise out of or in connection with the use of the photographs or images, including without limitation any and all claims for compensation, libel, or violation of any right of publicity or privacy.
I HAVE READ AND AGREE WITH THE WAIVER
DATE OF BIRTH
Emergency Contact(NOT with your group) Name and Phone Number
FULL NAME AND DATE OF BIRTH OF MINORS I AM RESPONSIBLE FOR DURING THE TRIP (WRITE N/A IF NOT APPLICABLE). CHILDREN MUST BE AT LEAST 4 YEARS OLD TO FLOAT.
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