Waiver of Liability

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I desire to participate in activities made available by Broad River Outdoor Company, LLC. and its agents, owners, officers, volunteers, participants, employees, affiliates and subsidiaries and all other persons or entities acting in any capacity on its behalf (collectively, "Broad River Outdoor Company, LLC"). I hereby agree to release and discharge Broad River Outdoor Company, LLC, for myself, my minor child(ren) listed below, my estate, my heirs, and my assigns, as follows:

 

1.  I acknowledge that the acts of entering the water and tubing or kayaking are inherently dangerous activities and that I am aware that they present both known and unknown risks, which could result in physical injury, paralysis, death, or damage or loss to personal property. I understand that such risks cannot be, and are not being, eliminated. It is possible that I will be jolted, jarred, bounced, thrown to and fro and shaken about through some areas of water. Tubes could turn over, or I could be separated from the tube. Accidents could occur getting in or out of the tube. Tubes are slippery. Exposure to the natural elements may be uncomfortable and/or harmful, and could cause sunburn, dehydration, heat exhaustion, heat stroke or heat cramps. Exposure to cold water could result in hypothermia and in extreme cases death. I further acknowledge the Broad River Outdoor Company, LLC or one of its affiliates or subsidiaries is providing transportation in vehicles, which may result in physical contact with others, proximity to others, travel on highways and county roads and rough terrain.

2. Broad River Outdoor Company, LLC personnel are not aware of my level of fitness or abilities. They might misjudge the weather, the elements or the terrain. They are not aware of conditions that may exist underneath the water. They are not able to provide warnings or instructions as to all conditions. The equipment being used may malfunction.

3. Weather may change at any time. I may be rained on or be exposed to potentially harmful situations such as lightning, thunder, or other weather conditions. Broad River Outdoor Company, LLC does not offer pick-up services during the tubing trip.

4. I expressly accept and assume all of the risk existing in the activities provided or facilitated by Broad River Outdoor Company, LLC. My participation is completely voluntary, and 1 elect to participate in spite of the risk. I am not relying on Broad River Outdoor Company, LLC to provide warnings to me or to ensure my safety.

5. I hereby waive and release any and all claims, demands, or causes of action which I may ever have against Broad River Outdoor Company, LLC, or any kind or nature, known or unknown, which are in any way connected with my participation in the activities made available by Broad River Outdoor Company, LLC (including but not limited to transportation services), any action or inaction of Broad River Outdoor Company, LLC, or my use of Broad River Outdoor Company, LLC's equipment, services, or facilities, whether caused by the negligence of Broad River Outdoor Company, LLC or otherwise.

6. I am adequately insured to cover any injury or damage I may cause or suffer, or else I agree to bear the full cost of any injury or damage that I may cause or suffer. I have no medical or physical condition which could interfere with my safety or this activity or else I am willing to assume and bear all of all risk that may be created directly or indirectly by any such condition.

7. In the event that a dispute of any kind arises among me or my minor child(ren) and Broad River Outdoor Company, LLC, the exclusive venue for any litigation shall be in Cleveland County, North Carolina. North Carolina law, without regard to conflicts of law principles, shall apply to the interpretation and enforcement of this agreement, and to any dispute with Broad River Outdoor Company, LLC.

8. If any portion of this agreement is found to be void or unenforceable for any reason, all other portions shall remain in full force and effect.

9. Broad River Outdoor Company, LLC has not made any representations or promises to me to induce me to execute this agreement.

10. No minor children under the age of four (4) are permitted to use Broad River Outdoor Company, LLC's equipment, services or facilities.

11. Broad River Outdoor Company, LLC may present this agreement to me in electronic form. I agree that I may note my assent to this agreement, for myself and for minor child(ren) as applicable, through electronic means, such as e-signature or click-through, and that such electronic assent shall have the same force and effect as though I physically signed this agreement.

I am aware that the activity may be dangerous and that I could sustain serious injury, death, or exposure to a communicable disease, virus, bacteria, or illness (including but not limited to covid-19 or any other coronavirus). I am voluntarily participating in the activity with knowledge of the danger involved and agree that this provision concerns a substantial right. I further agree to assume any and all risks of accident, bodily injury, death, exposure to a communicable disease, virus, bacteria or illness (including but not limited to covid-19 or any other coronavirus) or property damage, whether those risks are known or unknown, and even if arising from the negligence of those persons released from liability below, with the exception of gross negligence or willful misconduct, and assume full responsibility for my participation.
By participating, providing information and/or signing the form on BROutdoorCo.com, I agree and certify that I have read this entire agreement, I understand it, and I agree to be bound by its terms.
MINOR CHILDREN:
I certify that I am the parent or legal guardian of the minor child(ren) listed on the form, and, by my signature, I am executing this agreement on their behalf, as well as my own.