Activity Participation.Acknowledgement
the adult participant ("Participant") and/or parent/guardian on behalf of a minor participant. if any. . ("Minor Participant" hereby acknowledge that I am participating in an activity for which Nantahala Outdoor Center, LLC, a Georgia limited liability company or one of its subsidiaries (individually and collectively, "NOC") is furnishing equipment or services and which requires physical exercise, including. without limitation. rafting. kayaking. swimming. stand-up paddle boarding, rock climbing, hiking, rappelling, zip-lining, ropes course navigating, or cycling (the "Activity" I hereby acknowledge and accept that the Activity and undertakings associated therewith. may be physically and emotionally challenging. and that my participation in the Activity may involve physical contact with others, use of and proximity to equipment and other dangerous apparatus, and exposure to risk of accident. injury. death. damage to personal property and/or mental distress. I acknowledge and agree that the Activity may involve certain inherent risks associated with the location, nature, and terrain, including, but not limited to, forces of nature. including high winds, lightning, and rapid weather changes: adverse weather; changing visibility: falls from significant heights: the hazards of being struck by the equipment: unexpected equipment failures: slips and falls: the risk of exposure to insects and encounters with wildlife; drowning: strong current: the negligence of participants. or other persons who may be present: travel over extreme mountainous or alpine terrain: travel on highways and back- country roads: transportation in vehicles; exposure to and contracting communicable diseases and viruses, and illnesses, including but not limited to COVID-19; becoming lost or separated from other NOC employees. organizers, guides, instructors. or other participants; accidents or illnesses occurring in remote places without medical facilities; failing to act safely or within one's own ability; Participant(s) own physical condition; and the physical exertion associated with this Activity, and I expressly acknowledge that I am participating in the Activity at my own risk. I also agree to abide by any decision of any NOC employees, organizers, volunteers, directors, representatives, agents, and officers (collectively, the "NOC Parties") regarding my ability to safely participate in the Activity. I further acknowledge and agree that my participating in any Activity may be terminated immediately if any of the NOC Parties believe, in their sole discretion that I am unable to safely complete the Activity for any reason or that I am under the influence of alcohol or drugs. By participating in the Activity and executing this Release of Liability. I represent that I am in good health and physical condition and do not suffer from any disability which would prevent my safe participation in the Activity.
Release, Waiver of Liability, and Indemnity Provisions In consideration of my participation in the Activity, I. Participant and/or parent/guardian of Minor Participant. agree on behalf of myself. my heirs, executors, administrators, and personal representatives and those of Minor Participant ("Releasing Parties") to hereby irrevocably. unconditionally. and forever release. acquit. discharge. hold harmless, and indemnify (i.e., defend and pay any judgment and costs. including attorneys' fees and related expenses) the NOC Parties, as well as, where applicable. the Tennessee Valley Authority, Ococe River Outfitters Association. the state of Tennessee. the U.S. Forest Service. the United States of America and any other governmental agency. whether federal or state, or other entities who may have an interest in any river, lake. or other real property or waterway on which the Activity takes place. along with any and all directors, officers, trustees. members, managers, staff. employees. volunteers. agents. personal representatives, heirs, attorneys. successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities, whether herein named or not ("Released Parties") from any and all charges, actions, complaints, causes of action. claims. liabilities, obligations, promises, controversies, damages, suits, proceedings, expenses, attorney fees, and demands of any kind or nature whatsoever, known or unknown. suspected or unsuspected. whether arising out of contract. tort. strict liability. or otherwise. whether currently existing or arising. occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to the Activity.
understand the terms and provisions hereof (including, without limitation, that this is a release of liability and indemnity agreement
I further acknowledge and agree that the Released Parties shall have no liability or obligation to Releasing Parties with respect to, arising from, related to. or in connection with Releasing Parties participation in the Activity. I represent and warrant that I am eighteen (18) years of age or older, or if a Minor Participant, have obtained my parent or guardian's written consent to participate in the Activity and execute this Agreement, am under no legal incapacity to execute this Agreement and intend to be bound by its terms, and that I have read this Agreement and fully and that I intend to be bound by this Agreement. I agree that, notwithstanding the principles of conflicts of law. the internal laws of the State of Georgia shall govern and control the validity, interpretation, performance, and enforcement of this Agreement, and I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held void or unenforceable, it is agreed that, notwithstanding any such invalidity, the remainder of this Agreement shall continue in full legal force and effect.