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Imperial River Company

541-395-2404 www.DeschutesRiver.com

PO Box 130  304 Bakeoven Rd.  Maupin, OR 97037

One Form Per Adult

ASSUMPTION OF RISK, RELEASE OF LIABILITY,

INDEMNIFICATION, AND AGREEMENT TO SUE IN OREGON


PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.


In consideration for being permitted to participate in whitewater rafting and all related activities,

including but not limited to river travel, instruction, transportation, loading/unloading, equipment

use, and river access (collectively, the “Activities”) provided by Imperial River Company, and its

owners, officers, employees, agents, guides, contractors, volunteers, landowners, affiliates, and

insurers (collectively, the “Released Parties”), I agree as follows:


1. ASSUMPTION OF RISK

I understand and acknowledge that whitewater rafting and related outdoor Activities involve

inherent and unavoidable risks, including but not limited to:

• Swift and turbulent water

• Submerged and exposed rocks

• Rapids of varying classifications

• Changing river conditions

• Cold water immersion and hypothermia

• Slips, falls, and uneven terrain

• Wildlife encounters

• Weather exposure

• Equipment malfunction or failure

• Acts or omissions of other participants

• Delayed or unavailable medical care

• Serious bodily injury, permanent disability, or death

I understand that these risks cannot be eliminated without fundamentally altering the nature of the activities.


I knowingly and voluntarily assume ALL RISKS, both known and unknown, inherent or

otherwise, including risks arising from the ORDINARY NEGLIGENCE OF THE RELEASED

PARTIES.


2. PARTICIPANT RESPONSIBILITIES

I agree to:

• Follow all instructions and safety briefings

• Wear required safety equipment properly at all times

• Inform staff of any medical or physical conditions that may affect my participation

• Refrain from participating if I feel unable or unsafe

I understand that failure to follow instructions increases the risk of injury.


3. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY OREGON LAW, I HEREBY RELEASE,

WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS,

DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES ARISING OUT

OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS

ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.


This release applies to claims for personal injury, death, property damage, economic loss, and any other form of harm.


I understand that this Agreement does NOT release claims arising from gross negligence or

intentional misconduct, which cannot be waived under Oregon law.


4. INDEMNIFICATION

I agree to indemnify and hold harmless the Released Parties from and against any claims brought by third parties arising out of:

• My participation in the Activities

• My failure to follow instructions

• My negligent or intentional conduct

This includes reasonable attorney fees and costs incurred in defending such claims.


5. MEDICAL AUTHORIZATION

In the event of an emergency, I authorize the Released Parties to obtain medical care on my

behalf. I understand that medical services may be delayed due to location. I accept full financial

responsibility for any medical expenses incurred.


6. PHOTO & VIDEO RELEASE

I grant permission for photographs, video, or other media taken during the Activities to be used

for promotional, advertising, or commercial purposes without compensation.


7. VENUE, GOVERNING LAW, AND JURY WAIVER

This Agreement shall be governed by the laws of the State of Oregon.


Any legal action arising from this Agreement or the Activities shall be brought exclusively in a

court of competent jurisdiction within the State of Oregon.


I knowingly and voluntarily waive any right to trial by jury in any action arising out of this

Agreement.


8. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain

in full force and effect.


9. BINDING EFFECT

This Agreement is binding upon me, my heirs, executors, administrators, personal representatives, next of kin, and assigns.


10. ACKNOWLEDGMENT OF UNDERSTANDING

I acknowledge that:

• I have carefully read this Agreement

• I understand its terms

• I understand that I am giving up substantial legal rights

• I am signing this Agreement voluntarily and without coercion

I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.



 

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
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*
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and 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 RELEASEES, to the fullest extent permitted by law.


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*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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.


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