Loading...

WAIVER AND RELEASE OF LIABILITY

TWO SISTERS ADVENTURE COMPANY

IMPORTANT - READ CAREFULLY. This document affects your legal rights. It must be signed by you, the Participant, whether you are an adult or minor (Waiver must be signed also by parent or guardian if you are a minor Participant.), if you are using equipment or participating in activities offered by Two Sisters Adventure Company LLC.  The parent or guardian agrees to these terms individually and on behalf of the minor. Only a parent or legally appointed guardian may sign for a minor Participant. References to I or we include all who sign below unless otherwise clearly indicated.

PARTICIPANT AGREEMENT (Including Acknowledgement and Assumption of Risks, Agreements of release and Indemnity, and Additional Provisions)

Participant (adult or parent/guardian of minor) agree to inform Two Sisters Adventure Company, LLC staff of any pre-existing conditions that may impact or limit my ability to safely participate in any trip, class, or program. Two Sisters Adventure Company, LLC may refuse to provide services for any guest that they believe to be impaired by drugs or alcohol or who's participation may cause a risk to themselves, other guests, or Two Sisters Adventure Company, LLC's staff, volunteers, or other agents.

The below signed acknowledges and agrees that outdoor and adventure recreation including paddlesports and land based activities are inherently higher risk and in consideration of the opportunity to use equipment and/or participate in activities offered by Two Sisters Adventure co, LLC, Participant (adult or minor), and the parent or guardian of a minor Participant, understand, acknowledge and agree to the following:

ACTIVITIES, HAZARDS, AND RISKS

The services of Two Sisters Adventure Company, LLC may include use of equipment and providing trips (including self-guided and guided trips) by canoe, kayak, or standup paddleboard (SUP) (referred to, collectively, as watercraft), or land-based activities. Activities, scheduled and unscheduled, associated with these services may include, in addition to travel by water, swimming, wading, hiking, climbing on rocks and slopes, camping, carrying watercraft or other equipment across land between water travel sites, during program activities, and travel to and from the activities.

The hazards and risks (together referred to as risks.) of the use of watercraft include but are not limited to the following: hazards of traveling in watercraft in normal, rough, low, or flooded river conditions, attacks from wild or domesticated animals, hazards of jumping, diving, or falling into unfamiliar water (including submerged hazards, undercut rocks, and manmade hazards), hazards of watercraft flipping or capsizing (including impacts with equipment and people), hazards of long, cold water submersion, diseases from contaminated water or soil, airborne diseases, foodborne illness and diseases, communicable diseases, risks related to pandemics, epidemics, and endemics, strains or sprains, fractures, punctures, partial and/or total paralysis, loss or damage to personal property, venomous and non-venomous snake bites, insect bites, and bee stings (Two Sisters Adventure Company, LLC rarely carries medication), illness or injury in remote locations without medical facilities, failure or lack of communication equipment, failure or lack of safety or rescue equipment, injuries occurring in rescue operations, cuts and infections, hazards related to entering and exiting watercraft, hazards from forces of nature, falling trees and limbs, problems or hazards related to travel by automobile, death, accidents, drownings, problems related to near drownings, entrapment in watercraft, slippery mid, eye injury including blindness, equipment malfunction, heat related illness, sunburn, briars, thorns, and other poisonous plants, lightening, hail, and any other act of nature whatsoever, fresh water amoeba infection, criminal acts, heart attack, stroke, or any other illness related to personal health. Risks and dangers may be caused by the negligence of owners, officer, employees, or agents of the above listed company, negligence of others, accidents, breaches of contract, forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes including that staff may misjudge terrain, weather, trail, or river route location, or water level and may be unaware of your fitness and abilities. Staff may give incomplete warnings or instructions. Decisions by company staff are part of the inherent risk of adventure trips and other activities provided by this company and their agents and partners.

Participant, and the parent or guardian of a minor participant, acknowledge and understand that the description of activities and risks is not complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. Participation in the activities can cause bites, stings, allergic reactions, overexertion, heat stroke, hypothermia, illness due to contaminated water, burns, cuts, bruises, strains, broken bones, and other injuries and illnesses. Property loss, and serious injury and death are possible.

Client, and the parent or guardian of a minor Participant, accepts full responsibility for determining Participant’s medical, physical or other qualifications or suitability for participating in the activities. Two Sisters Adventure Co, LLC is not responsible for water conditions, routes, camp sites, or other activities of users of its equipment. Alcohol will, and other substances may, impair judgment and reduce a participant’s ability to effectively manage the risks of water travel, camping, and land activities. Participants agree to not partake in the use of alcohol or any other drug or substance that may cause impairment while using Two Sisters Adventure Co, LLC’s equipment or during programs. Participants should inspect unfamiliar terrain and other hazards before attempting to pass through or over them; participants agree to always wear a fastened personal flotation device; participants should wear footwear which will provide protection from sharp objects, and which will minimize the risk of foot entrapment. Failure to adhere to these and other safety precautions may result in serious injury or death.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

I, the Participant (adult or minor) and the parent or guardian of a minor Participant, understand the nature of the services of Two Sisters Adventure Co, LLC and other activities, which may occur, and their risks. I acknowledge and expressly assume all risks of the activities, whether or not described, known or unknown, and inherent or otherwise. I take full responsibility for any injury or loss, including death, which I, or a minor child for whom I sign, may suffer, arising in whole or part out of such activities.

I am aware that programs and trips may take place in a public area in which only minimal security may be provided; and that the same precautions against crime should be exercised as with anywhere else.

AGREEMENT OF RELEASE AND INDEMIFICATION

If I am an adult participant, or the parent or guardian of a minor Participant, I agree, for myself and on behalf of the minor Participant for whom I am signing, as follows:

I release Two Sisters Adventure Co, LLC, its employees, contractors, volunteers, directors and owners (Released Parties) from any and all claims of injury or loss which I, or the minor child for whom I sign, may suffer, arising out of or in any way related to my, or the child’s, enrollment in or participation in the activities of Provider or the use of its equipment. Neither I, the minor child, nor anyone acting on our behalf, will bring suit or otherwise assert any such claims against a Released Party.

I will indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys. fees) each Released Party from any claim of liability, including one brought by or for a minor child whom I sign, a co-participant in any of the activities of Two Sisters Adventure Co, LLC, a rescuer, a member of my, or the minor child’s, family, or anyone else, asserting a loss arising out of or in any way related to my, or the child’s, enrollment in or participation in the activities of Two Sisters Adventure Co, LLC or the use of its equipment.

The agreements of this release and indemnification above include claims arising in whole or in part from negligent (but not grossly negligent, reckless or intentionally wrong) acts or omissions of Released Parties or any of them, and all other claims, including for personal injury, wrongful death, property damage, products liability (including strict liability), breach of contract or warranty, or otherwise. The agreements are intended to be enforced to the fullest extent allowed by law, and to be binding on me as Participant and on me as parent or guardian of a minor Participant, individually and on behalf of the minor for whom I sign.

ADDITIONAL PROVISIONS

I authorize Two Sisters Adventure Co, LLC to provide or obtain for me, or the minor child for whom I sign, such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and related transportation. Any dispute between Two Sisters Adventure Co, LLC and me or the minor child for whom I sign will be governed by the substantive laws of the State of North Carolina (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in that State, in the County of Durham. If the dispute cannot be resolved by mutual agreement, I agree to submit it to a mediator recognized by the Courts of that State and County. I agree to pay all costs and attorney’s fees incurred by Two Sisters Adventure Co, LLC in defending a claim or suit brought by me or by or on behalf of the minor for whom I sign, if the claim or suit is withdrawn or to the extent a court or mediator determines that Two Sisters Adventure Co, LLC is not responsible for the claimed injury or loss.

This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. I understand that it is binding, to the fullest extent allowed by law, upon all persons signing below, our respective heirs, executors, administrators, wards, minor children (whether or not they are Clients) and other family members. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.

Today's Date: May 1, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
PHOTO RELEASE
I agree to allow Two Sisters Adventure Company, LLC and any connected partner agencies to record my likeness and voice on a video, audio, photographic, digital, electronic, or any other medium and to use my name in connection with these recordings; and to use, reproduce, exhibit or distribute these recordings in whole or in part with perpetuity in any and all media (including but not limited to print publications, video tapes, non-theatrical, website, social media, and any other electronic or other medium) for any purpose that Two Sisters Adventure Company, LLC, and those acting pursuant to its authority, deem appropriate, including promotional, recruiting, advertising, educational, and any commercial or non-commercial use. I hereby release Two Sisters Adventure Company, LLC from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that I may hereafter have from liability for any violation of any personal or proprietary right I may have in connect with such use of my likeness, voice, or name in any medium. I understand and agree that all such recordings, in whatever medium, shall remain property of Two Sisters Adventure Company, LLC. I have read and fully understand the terms of this release.*
Yes
No (Please also notify your guides if you do not want photos taken of you)
RESERVATION NAME

If other than your own name, please give the name your reservation is under.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!