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In consideration of the services of
the Wolf River Conservancy (hereafter referred to as WRC), their
employees, volunteers, officers, participants and all other persons or
entities acting in any capacity on their behalf, I hereby agree to
release, indemnify, and discharge WRC, on behalf of myself, my spouse,
my children, my parents, my heirs, assigns, personal representative and
estate as follows:
- I acknowledge that canoeing
and hiking entails known and unanticipated risks that could result
in physical or emotional injury, paralysis, death, or damage to
myself, property, or to third parties. I understand that such risks
simply cannot be eliminated without jeopardizing the essential
qualities of the activity. The risks include, among other things:
allergic reactions to insect stings, snakebite, drowning, injuries
from falling, falling limbs or trees, lightning strike, motor
vehicle accidents in route to or from the activities, etc.
Furthermore, Wolf River Conservancy employees and volunteers have
difficult jobs to perform. They seek safety, but they are not
infallible. They might be unaware of a participant’s fitness or
abilities. They might misjudge the weather or other environmental
conditions. They may give incomplete warnings or instructions, and
the equipment being used might malfunction.
- I expressly agree and promise
to accept and assume all of the risks existing in this activity. My
participation in this activity is purely voluntary, and I elect to
participate in spite of the risks.
- I hereby voluntarily release,
forever discharge, and agree to indemnify and hold harmless WRC from
any and all claims, demands, or causes of action, which are in any
way connected with my participation in this activity or my use of
WRC’s equipment or facilities, including any such claims which
allege negligent acts or omissions of WRC.
- Should WRC or anyone acting on
their behalf, be required to incur attorney’s fees and costs to
enforce this agreement, I agree to indemnify and hold them harmless
for all such fees and costs.
- I certify that I have adequate
insurance to cover any injury or damage I may cause or suffer while
participating, or else I agree to bear the costs of such injury or
damage myself. I further certify that I am willing to assume the
risk of any medical or physical condition I may have.
- In the event that I file a
lawsuit against WRC, I agree to do so solely in the state of
Tennessee, and I further agree that the substantive law of Tennessee
shall apply in that action without regard to the conflict of law
rules of that state. I agree that if any portion of this agreement
is found to be void or unenforceable, the remaining document shall
remain in full force and effect.
- By signing this document, I
acknowledge that if anyone is hurt or property is damaged during my
participation in this activity, I may be found by a court of law to
have waived my right to maintain a lawsuit against WRC on the basis
of any claim from which I have released them herein.
- I have had sufficient
opportunity to read this entire document. I have read and understood
it, and I agree to be bound by its terms.
Signature of
Participant:_________________________________PrintName:_________________________________
Address:______________________________________________________________________________
Phone:____________________________________ Date:
_____________________________________
PARENT’S/GUARDIAN’S ADDITIONAL
INDEMNIFICATION (Must be completed for participants under age 18)
In consideration of
________________________________(print minor’s name)(“Minor”) being
permitted by WRC to participate in its activities and to use its
equipment and facilities, I further agree to indemnify and hold harmless
WRC from any and all claims which are brought by, or on behalf of Minor,
and which are in any way connected with such use or participation by
Minor.
Parent/Guardian
Signature:________________________________________ Date:
___________________
Print
Name:__________________________________________________________________________________
4/2005
[ All contents copyright
WRC, 1996-2006. Site maintained by Sherry Weakley. Comments? Email
education@wolfriver.org
Problems with the site? Email
wrc@wolfriver.org. ]
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