RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR SALUDA RIVER RAMBLER

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR SALUDA RIVER RAMBLER, LLC

Please read and be certain you understand the implications of signing this Release
ASSUMPTION OF RISK AND RELEASE OF ALL CLAIMS

The undersigned, (hereinafter “Participant”) does hereby freely, voluntarily, and without duress affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with participating in kayaking activities and physical river activities and during the transportation portion of my activities offered by Saluda River Rambler, LLC (hereinafter “Owner”) and all activities associated therewith; the use of any watercraft; and any and all activities associated with the Saluda River and kayaking, whether on the water or on land, the shuttle transportation and the use of watercraft and equipment provided by Owner.
Inherent hazards and risks include but are not limited to:
1. Risk of injury from participating in water activities is significant including the potential for injuries, permanent disability, disfigurement and death.
2. Possible failure and/or malfunction of any watercraft used, whether provided by Owner or obtained elsewhere, including operator error and general deterioration of equipment.
3. The Saluda River is an outdoor venue that exposes Participant to weather and other outdoor elements such as animals, varied temperatures, wind, thunder and lighting, cold water, and all other weather conditions.
4. Participant’s negligence and/or the negligence of all others.
5. Possible injuries and illnesses sustained as a result of hot or cold weather including but not limited to frost bite, hypothermia, heat stroke, heat exhaustion and dehydration.
6. Hazards inherent with water, including, but not limited to, the risk of drowning, falling off of a dock or watercraft, or being stranded in the water.
I understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, permanent disability, disfigurement, illness or death. I accept said risks and elect to engage in participating in water activities.

In consideration for being permitted to participate and engage in the services offered by Owner, including all related activities, Participant hereby acknowledges and agrees that:
I hereby release and hold harmless the Owner, Saluda River Rambler, LLC, its members, officers, agents, employees, and suppliers (hereinafter collectively referred to as “Releasees”) for any and all liabilities, claims and demands of whatever kind or nature, either in law or in equity, I may have now or in the future in regards to any injuries resulting in disability, disfigurement, death or loss or damage to person or property, whether caused by negligence, actions, inactions or otherwise while participating in offered activities and all related activities. Furthermore, I agree to release Releasees, from any and all liability and responsibility whatsoever and from any claims or causes of action that I, my estate, heirs, survivors, executors or assigns, guests or invitees may have at law or equity for personal injury, disfigurement, wrongful death or property damage arising from my participating in offered activities or the activities described herein whether caused by active or passive negligence or otherwise. By entering into this Agreement, I certify I have read the Agreement in its entirety and that I am not relying on any oral or written representations made by the Releasees. This document shall be binding to the fullest extent permitted by law and shall be governed by the laws of the State of South Carolina. If any provision of this release is found to be unenforceable, the remaining terms shall remain enforceable.

In addition, I acknowledge the rules and regulations set forth by Saluda River Rambler, LLC and its agents and employees and the potential of denial and dismissal from participation for violations of such rules and regulations.
Participation and Emergency action

We, as the Participant and the participant’s parent or legal guardian, agree to take part and consent to all rules and regulations set forth by Owner. We understand and agree to cooperate with Owner’s regulations, policies and procedures or other guidelines. In the case of an emergency, when the undersigned or emergency contact person named cannot be reached, I give permission to Owner, its agents and employees, to take any emergency measures deemed appropriate. It is understood that all reasonable efforts will be made to contact the parent/guardian.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND I FULLY UNDERSTAND ITS TERMS. I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT I HAVE WAIVED LEGAL RIGHTS BY SIGNING IT AND THAT I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.*

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Signature of Adult Participant
Name of Adult Participant*

First NameLast Name
Today's Date*

MonthDayYear
Date
Date of Birth:*

MonthDayYear
Date
Emergency Contacts

Please list at least one emergency contact below:
Emergency Contact #1*

First NameLast Name
Phone Number*
Please enter a valid phone number.
Emergency Contact #2

First NameLast Name
Phone Number
Please enter a valid phone number.
Emergency Contact #3

First NameLast Name
Phone Number
Please enter a valid phone number.
Indicate below if Participant is of minority age:

Yes, participant is of minority age.
FOR PARTICPANTS OF MINORITY AGE:

This is to certify that I, as Parent or Legal Guardian with legal responsibility for this participant, do hereby consent to the terms of this document on behalf of the minor participant and also on behalf of myself, my heirs, assigns, next of kin and all other parents or guardians of the minor and certify I have the legal authority to consent on behalf of the minor.
Signature

Clear
Signature of Parent or Adult Legal Guardian on behalf of Minor and my own behalf, forever waiving all claims against Releasees
Name of Parent or Legal Guardian

First NameLast Name
Today's Date

MonthDayYear
Date
Name of Minor Participant

First NameLast Name
Date of Birth of Minor Participant

MonthDayYear
Date
Should be Empty:

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR SALUDA RIVER RAMBLER, LLC

ASSUMPTION OF RISK AND RELEASE OF ALL CLAIMS

Inherent hazards and risks include but are not limited to:

1. Risk of injury from participating in water activities is significant including the potential for injuries, permanent disability, disfigurement and death.

2. Possible failure and/or malfunction of any watercraft used, whether provided by Owner or obtained elsewhere, including operator error and general deterioration of equipment.

3. The Saluda River is an outdoor venue that exposes Participant to weather and other outdoor elements such as animals, varied temperatures, wind, thunder and lighting, cold water, and all other weather conditions.

4. Participant’s negligence and/or the negligence of all others.

5. Possible injuries and illnesses sustained as a result of hot or cold weather including but not limited to frost bite, hypothermia, heat stroke, heat exhaustion and dehydration.

6. Hazards inherent with water, including, but not limited to, the risk of drowning, falling off of a dock or watercraft, or being stranded in the water.

I understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, permanent disability, disfigurement, illness or death. I accept said risks and elect to engage in participating in water activities.

Participation and Emergency action

Emergency Contacts

FOR PARTICPANTS OF MINORITY AGE: