Tubing & Adventures
Assumption of Risk & Waiver of Liability
IMPORTANT: THIS IS A LEGAL DOCUMENT. Please read and understand this document before signing. We wish to inform our guests that tubing on the river, camping, and other activities that are offered involve some risk. The same elements that contribute to the unique character and fun of tubing on the river and other activities that are offered involve physical exertion and risk, and can cause loss or damage to equipment, injury, illness or in extreme cases, permanent trauma or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to be informed of some of the possible risks. You must read, sign, and return this form to a staff member before you are allowed to rent a tube or any other equipment or camp.
Assumption of Risk
1. Tubing on the river can be hazardous. The obvious accidents that occur in tubing on the river are drowning. The river depth varies from one spot to another. One step may be only a few inches deep, and the next step may be over a person’s head. Debris in the river may cause a tube to flip or puncture. Lifejackets are recommended for all people.
2. Being in the sun with no chance of shade may cause excessive heat exposure with a potential for heat stroke and dehydration. Being in direct sunlight and surrounded by reflective water may cause higher chances of getting a severe sunburn. This can increase the risks of blistering and skin cancer.
3. Equipment may fail. The extreme conditions of the environment in which floating equipment is used in conjunction with damages caused by debris can cause the tubing equipment to fail. Improper use of the equipment may result in injury. Follow any and all staff instructions and instruction and warning on all equipment.
4. You may experience cuts from sticks or other debris in the water, or experience rope burns from the tie ropes connecting tubes together. You may also be exposed to a variety of injuries, while floating on the river, being on a sandbar, or entering/exiting the water at the landings. These injuries may include, but are not limited to, pulling muscles and tendons, dislocations, broken bones, and internal injuries. These and any of the above can lead to life long disability, including quadriplegia, and death in the most extreme cases.
5. I have read the statement above. I recognize that Tubing & Adventures’ activities are high risk activities. I understand there are inherent risks that cannot be eliminated in this outdoor activity. I attest and verify that I have sufficient knowledge of the risks involved in this activity, and am aware of the presence of risks not specifically identified as associated with the activity. I certify that I am fully capable and physically able to participate in this activity. Therefore, I assume and accept fully responsibility for bodily injury, death, loss of personal property and any expenses, which may be incurred by me (or any minor children in my care, custody or control) resulting from those inherent risks and dangers previously identified, those inherent risks and dangers not specifically identified, and any negligence on my part associated with my participation in this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to do so in spite of and with full knowledge of the inherent risks.
6. I know, understand, and appreciate that I have to assume personal responsibility for safely and adequately preparing and equipping myself for tubing on the river. This includes the inspection and proper use of all equipment that I get from Tubing & Adventures or bring to the facility myself.
7. I have read, understand, and appreciate the Tubing & Adventures’ rules, and agree to follow them or suffer the penalty of losing access to the Tubing & Adventures facilities. I also understand that the Tubing & Adventures staff are not the insurers of my safety. I have a duty to act responsibly, safely, and cooperatively. The staff may make suggestions or demands related to health, safety, and learning of the Tubing & Adventures facility users; but there is much they cannot, and do not, do for the users.
Accidents and Insurance
1. Tubing & Adventures activities such as tubing on the river are considered high-risk activities. As stated above, the chance of injury due to a known risk or unforeseen accident is significant. The necessary medical treatment for these injuries can be expensive.
2. I, the undersigned, do not presume that any insurance, whether for accident, life, medical or property loss has been secured for my benefit by the Tubing & Adventures. I am solely responsible for obtaining any such insurance I may need.
Waiver of Liability / Indemnification
1. CAUTION, READ BEFORE SIGNING: I, for myself, my heirs, my family, my executors, administrators, and assignees, do hereby waive and release Tubing & Adventures, their employees and agents, for all claims of negligence, damages, demands, actions, or other claims in any manner arising or growing out of any negligence, all or in part of the indicated parties associated within said activity.
2. Neither Tubing & Adventures nor their agents or employees (the “Indemnified”) shall be held liable for any accident, injury (including quadriplegia or death), loss, or damage sustained by me or my property while participating in tubing on the river or other activities. I agree to hold the Indemnified harmless with respect thereto.
Severability
1. I agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Nebraska and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
2. I agree that this waiver and assumption of risks agreement shall be construed in accordance with the laws of the State of Nebraska and that any action brought against the Indemnified or any of them shall be brought in a forum within the State of Nebraska having jurisdiction over the matter.
Photographs
1. Any photos taken with Tubing & Adventures cameras is property of Tubing & Adventures. Tubing & Adventures has the right to use them as marketing material. By signing below, I acknowledge the pictures are Tubing & Adventure property.
NOTICE: ACKNOWLEDGEMENT OF UNDERSTANDING: I have read the Assumption of Risk and Accidents and Insurance sections, and fully understand their terms. I am signing this agreement freely and voluntarily, and intend my signature below to signify a complete assumption of the inherent risks of participating in this activity.
NOTICE: THE WAIVER OF LIABILITY / INDEMNIFICATION IS INTENDED TO BE A LEGALLY BINDING CONTRACT waiving the liability of the Tubing and Adventures staff, their supervisors, and all persons indicated in the agreement above with respect to any and all claims of liability based on negligence, action, or inaction of the indicated parties. BY SIGNING ON THE FOLLOWING PAGE, I AM ACCEPTING THIS CONTRACTUAL AGREEMENT.