contract waiver of liability - assumption of risk

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CONTRACT - WAIVER OF LIABILITY - ASSUMPTION OF RISK & RENTERS AGREEMENT PLEASE READ THOROUGHLY AND SIGN BELOW (Warning, Acknowledgment of Risks, Assumption of Risk and Responsibility; Lease/Agreement) Taking into consideration the risks involved on the river, I UNDERSTAND that there are seen and unseen dangers & risks that may bring harm, sometimes even resulting in death, that is, sunburn, insects or animal bites, heat stroke, dehydration, hypothermia, sprains, cuts from broken limbs & protruding rocks or sticks. Canoes, kayaks rafts & tubes may overturn & injuries may occur when using this equipment, resulting in death to my party & me. I also UNDERSTAND that severe storms or ACTS OF GOD may arise at a moment's notice & I will immediately get my party & myself OFF OF AND OUT OF THE RIVER AT THE FIRST SIGN OF FOUL WEATHER. I UNDERSTAND THAT ALL TRIPS ARE SELF GUIDED & THAT I AM PERSONALLY ACCOUNTABLE FOR SELF- RESCUE & FOR THAT OF MY PARTY. In consideration of James River Rafting Adventures Incorporated, DBA James River Reeling & Rafting ("herein the LIVERY") leasing the equipment to me, I ASSUME ALL LEGAL RESPONSIBILITY for the INHERENT RISKS & DANGERS, seen or unseen, of bodily injury & loss of personal property by any person, including without limitations myself & anyone accompanying me, as a result of the use or misuse, operation, transportation, possession of such equipment & hereby release from any & all liability the LIVERY, its concessionaires, agents, employees, servants & volunteers, with respect to any & all injury, disability, death or loss or damage to person or property associated with my presence or participation. Whether arising from the negligence of the releaser, or otherwise, to the fullest extent permitted by law. I AGREE, to indemnify & hold the LIVERY, its concessionaires, agents, employees, servants & volunteers, harmless from any & all claims & damages, loss, injuries, & expenses arising out of or resulting from my voluntary participation & pursuit of these water activities. I, for myself & on behalf of my heirs, assigns, personal representatives & next of kin, hereby RELEASE, INDEMNIFY & HOLD HARMLESS THE LIVERY, their officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers & if applicable, owners & leasers of the premises used for the activity ("Releasees"). WITH RESPECT TO ANY & ALL INJURY, DISABILITY, DEATH or loss or damage to the person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The site of any lawsuit shall be in Albemarle County, Virginia & governed by the laws of the Commonwealth of Virginia & I hereby agree that if the LIVERY is forced to defend any action or lawsuit brought by myself, my executors, my heirs or assigns, I will pay any cost & attorney's fees that may arise from such litigation. The terms of this agreement shall continue even after the fact. If any part of this waiver is found to be invalid in the court of law, then it does not void or invalidate the rest of this agreement. In order to induce the LIVERY to lease this equipment to me, I represent & warrant that I, & any person accompanying me, ARE CAPABLE SWIMMERS, WHO ARE AT LEAST SIX YEARS OLD & ARE PHYSICALLY FIT to handle any equipment that I lease. A life vest will be worn AT ALL TIMES (when applicable) while I am entering or leaving the canoe, kayak, raft, tubes & I will cause my people accompanying me to do the same. I WILL NOT permit the use of a life vest for sitting or kneeling. I will comply with all Federal, State & County laws & regulations, including emergency orders from authorities such as water & forest controls relating to fires, or camping or entering selected trip sites. I UNDERSTAND THAT ALCOHOL & WATERSPORTS DO NOT MIX. I AGREE THAT NO ONE IN MY PARTY IS OR WILL BE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. Neither my party nor I will JUMP or DIVE INTO OR OFF OF ANYTHING ALONG THE RIVER. I also confirm that I DO NOT HAVE ANY MEDICAL condition that would prevent my participation in these water sports. I REALIZE that ALL OF THE LIVERY'S water trips are SELF GUIDED & I voluntarily participate in these activities AT MY OWN RISK. I UNDERSTAND THAT THERE ARE NO LIFE GUARDS ON THE RIVER or the camping/ campground areas nor are there any bathroom and/or service facilities while out on the water. I agree to return all equipment on the designated date & in the same condition as when I received it. I also agree to pay for all damages to all LIVERY equipment, If stolen, damaged or lost while in my possession. JAMES RIVER RAFTING ADVENTURES, INC. dba JAMES RIVER REELING AND RAFTING 265 Ferry Street • Scottsville, Virginia 24590 • (434) 286-4386 • www.reelingandrafting.com GROUP NAME: EQUIPMENT: I HAVE READ THIS RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT IN IT’S ENTIRETY. I FULLY UNDERSTAND ITS TERMS, CONDITIONS AND HAVE A COMPREHENSIVE KNOWLEDGE OF THE ENGLISH LANGUAGE. I FURTHER UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY. FOR PARENTS/GUARDIANS OF PARTICIPATING MINORS UNDER 18 YEARS OF AGE? PARENT/ GUARDIAN FILL OUT BELOW: OFFICE USE ONLY DATE:__________ TIME:____________ CAMP SITE:______ PAID TODAY:_____________ DEPOSIT:_______________ PHONE NUMBER (numbers only) ADDRESS, CITY, STATE, ZIP CODE This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent & agree to his/her release as provided above all the Releasees, & for myself, my child & our heirs, from any & all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEEE, to the fullest extent permitted by law. PRINTED NAME (1) MINOR CHILD (2) MINOR CHILD (3) MINOR CHILD - LIST ADDITIONAL ON BACK OF PAGE DATE PARENT/GUARDIAN NAME *SIGNATURE DATE *If completing form electronically, typed name will be accepted as your signature *SIGNATURE

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Page 1: CONTRACT WAIVER OF LIABILITY - ASSUMPTION OF RISK

CONTRACT - WAIVER OF LIABILITY - ASSUMPTION OF RISK & RENTERS AGREEMENTPLEASE READ THOROUGHLY AND SIGN BELOW (Warning, Acknowledgment of Risks, Assumption of Risk and Responsibility; Lease/Agreement)

Taking into consideration the risks involved on the river, I UNDERSTAND that there are seen and unseen dangers & risks that may bring harm, sometimes even resulting in death, that is, sunburn, insects or animal bites, heat stroke, dehydration, hypothermia, sprains, cuts from broken limbs & protruding rocks or sticks. Canoes, kayaks rafts & tubes may overturn & injuries may occur when using this equipment, resulting in death to my party & me. I also UNDERSTAND that severe storms or ACTS OF GOD may arise at a moment's notice & I will immediately get my party & myself OFF OF AND OUT OF THE RIVER AT THE FIRST SIGN OF FOUL WEATHER. I UNDERSTAND THAT ALL TRIPS ARE SELF GUIDED & THAT I AM PERSONALLY ACCOUNTABLE FOR SELF-RESCUE & FOR THAT OF MY PARTY.

In consideration of James River Rafting Adventures Incorporated, DBA James River Reeling & Rafting ("herein the LIVERY") leasing the equipment to me, I ASSUME ALL LEGAL RESPONSIBILITY for the INHERENT RISKS & DANGERS, seen or unseen, of bodily injury & loss of personal property by any person, including without limitations myself & anyone accompanying me, as a result of the use or misuse, operation, transportation, possession of such equipment & hereby release from any & all liability the LIVERY, its concessionaires, agents, employees, servants & volunteers, with respect to any & all injury, disability, death or loss or damage to person or property associated with my presence or participation. Whether arising from the negligence of the releaser, or otherwise, to the fullest extent permitted by law. I AGREE, to indemnify & hold the LIVERY, its concessionaires, agents, employees, servants & volunteers, harmless from any & all claims & damages, loss, injuries, & expenses arising out of or resulting from my voluntary participation & pursuit of these water activities.

I, for myself & on behalf of my heirs, assigns, personal representatives & next of kin, hereby RELEASE, INDEMNIFY & HOLD HARMLESS THE LIVERY, their officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers & if applicable, owners & leasers of the premises used for the activity ("Releasees"). WITH RESPECT TO ANY & ALL INJURY, DISABILITY, DEATH or loss or damage to the person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

The site of any lawsuit shall be in Albemarle County, Virginia & governed by the laws of the Commonwealth of Virginia & I hereby agree that if the LIVERY is forced to defend any action or lawsuit brought by myself, my executors, my heirs or assigns, I will pay any cost & attorney's fees that may arise from such litigation. The terms of this agreement shall continue even after the fact. If any part of this waiver is found to be invalid in the court of law, then it does not void or invalidate the rest of this agreement.

In order to induce the LIVERY to lease this equipment to me, I represent & warrant that I, & any person accompanying me, ARE CAPABLE SWIMMERS, WHO ARE AT LEAST SIX YEARS OLD & ARE PHYSICALLY FIT to handle any equipment that I lease. A life vest will be worn AT ALL TIMES (when applicable) while I am entering or leaving the canoe, kayak, raft, tubes & I will cause my people accompanying me to do the same. I WILL NOT permit the use of a life vest for sitting or kneeling.

I will comply with all Federal, State & County laws & regulations, including emergency orders from authorities such as water & forest controls relating to fires, or camping or entering selected trip sites. I UNDERSTAND THAT ALCOHOL & WATERSPORTS DO NOT MIX. I AGREE THAT NO ONE IN MY PARTY IS OR WILL BE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. Neither my party nor I will JUMP or DIVE INTO OR OFF OF ANYTHING ALONG THE RIVER. I also confirm that I DO NOT HAVE ANY MEDICAL condition that would prevent my participation in these water sports. I REALIZE that ALL OF THE LIVERY'S water trips are SELF GUIDED & I voluntarily participate in these activities AT MY OWN RISK. I UNDERSTAND THAT THERE ARE NO LIFE GUARDS ON THE RIVER or the camping/campground areas nor are there any bathroom and/or service facilities while out on the water.

I agree to return all equipment on the designated date & in the same condition as when I received it. I also agree to pay for all damages to all LIVERY equipment, If stolen, damaged or lost while in my possession.

JAMES RIVER RAFTING ADVENTURES, INC. dba JAMES RIVER REELING AND RAFTING265 Ferry Street • Scottsville, Virginia 24590 • (434) 286-4386 • www.reelingandrafting.com

GROUP NAME:

EQUIPMENT:

I HAVE READ THIS RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT IN IT’S ENTIRETY. I FULLY UNDERSTAND ITS TERMS, CONDITIONS AND

HAVE A COMPREHENSIVE KNOWLEDGE OF THE ENGLISH LANGUAGE. I FURTHER UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY

SIGNING IT, AND SIGN IT FREELY.

FOR PARENTS/GUARDIANS OF PARTICIPATING MINORS UNDER 18 YEARS OF AGE? PARENT/ GUARDIAN FILL OUT BELOW:

OFFICE USE ONLY

DATE:__________ TIME:____________ CAMP SITE:______

PAID TODAY:_____________ DEPOSIT:_______________

PHONE NUMBER (numbers only)

ADDRESS, CITY, STATE, ZIP CODE

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent & agree to his/her release as provided above all the Releasees, & for myself, my child & our heirs, from any & all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEEE, to the fullest extent permitted by law.

PRINTED NAME

(1) MINOR CHILD (2) MINOR CHILD (3) MINOR CHILD - LIST ADDITIONAL ON BACK OF PAGE

DATE

PARENT/GUARDIAN NAME *SIGNATURE DATE

*If completing form electronically, typed name will be accepted as your signature

*SIGNATURE

initiator:[email protected];wfState:distributed;wfType:email;workflowId:c1077cbf6121764ebe03d1935091ea70
Page 2: CONTRACT WAIVER OF LIABILITY - ASSUMPTION OF RISK

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

James River Rafting Adventures Inc dba James River Reeling and Rafting (“JRR&R”) as an outdoor recreation facility, does not violate the State of Virginia’s Executive Orders 53 or 55 regarding Covid-19 and shall operate, permitting JRR&R follows all Centers for Disease Control and Thomas Jefferson Health District guidelines to protect employees, owners, volunteers and clients and provided that no regulations or laws are passed that would prevent such legal operation by JRR&R. If any such law or regulation is passed, JRR&R reserves the right in its sole discretion to immediately suspend, cancel or shorten the duration of any trips provided in order to protect the health and safety of its employees and customers, and/or as otherwise necessary to comply with all applicable laws and regulations. JRR&R shall not be liable or responsible to you for any loss or damage resulting from such cancellation, suspension or trip change. JRR&R has put in place preventative measures that are designed to reduce the spread of COVID-19; however, JRR&R cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, you acknowledge and agree that allowing yourself and/or minor child to participate could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself, my family and my child(ren) and I may be exposed to or infected by COVID-19 by participating with JRR&R and its subsequent activities and that such exposure or infection may result in personal injury, illness, hospitalization, financial loss, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at JRR&R may result from the actions and/or, omissions of myself and others, including my negligence and/or any acts or omissions of JRR&R, its employees, volunteers, clients, and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility and liability for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with any participation in the events or activities hosted or provide by JRR&R. On my behalf, and on behalf of my children, to the extent applicable, I hereby release, indemnify, defend, covenant not to sue, discharge, and hold harmless JRR&R, its employees, operators, directors, owners, agents, assigns and representatives, from and against any and all claims, including without limitation, all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto (including attorneys’ fees and court costs). I understand and agree that this release includes any Claims based on the actions and/or, omissions of JRR&R, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any JRR&R employment related activities. This agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any conflict of law principles thereof and you hereby irrevocably consent to the exclusive jurisdiction of the Commonwealth of Virginia for any dispute arising hereunder. To the extent that any term contained herein is held to be invalid, illegal, unenforceable or excessive, such provisions shall be stricken in its entirety and the remainder of this agreement shall remain in full force and effect.

*Signature of ClientPrinted Name of Client Date

*Signature of Client's Parent/Guardian Date If Client is minor, Parent/Guardian Printed Name

JAMES RIVER RAFTING ADVENTURES, INC.dba JAMES RIVER REELING AND RAFTING

265 Ferry Street • Scottsville, Virginia 24590(434) 286-4386 • www.reelingandrafting.com