Liability Release and Acknowledgement of Risk In Consideration of the services of Triad River Tours, their guests, owners, officers, volunteers, participants, employees, and all other person or entities acting in any capacity on their behalf (hereinafter collectively called Triad), I hereby agree to release and discharge Triad, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that boating on rivers entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that they cannot eliminate such risks simply without jeopardizing the essential quality of the activity. The risks include, among other things: whitewater rapids will be encountered. You can be jolted, jarred, bounced, thrown back and forth and shaken about during rides through these rapids. It is possible that you could be injured if you come into contact with food boxes, other storage containers, or fixed equipment nec- essary to the operation of the expedition and the outfitting of the raft. Boats could turn over or you could be washed overboard. You can slip or fall during a hike, resulting to damage to equipment or personal injury. Accidents can occur getting on and off the rafts. Rafts are slippery when wet. Exposure to the nat- ural elements can be uncomfortable and/or harmful. You should be aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, or heat cramps. Also prolonged exposure to cold water can result in hypothermia and in extreme cases cause death and accidental drowning is also a possi- bility. Furthermore, Triad guides have difficult jobs to do. They seek safety, but they are fallible. They might be ignorant of a participants physical fitness or ability. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and equipment being used might malfunction. I expressly agree and promise to accept and assume all risks existing in this activity. My participation in this activity is purely voluntary, and I elect to partici- pate in spite of the risks. I expressly agree and promise to not leave any valuables or personal property in the care of Triad as they are not at all responsible for my personal belongings. I promise to read all information in the safety protocol, and be prepared by reading all relevant information on the trip prior to departure. I realize that Triad River Tours' guests are expected to have internet access, and these materials are often only available online, so I will find them there. Should Triad or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear all costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in the activity, or else I am willing to assume and bear the costs of all risks that may be create, directly or indirectly, by any such condition. In the event that I file a lawsuit against Triad, I agree to do so solely in the State of Washington, and I further agree that the substantive law of that state will apply in that action without regard to the conflict of law rules of that state. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, a court of law may find me to have waived my right to maintain a lawsuit against Triad on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by the terms. I understand I have given up substantial rights by signing it and that I sign it without any inducement. I will pay close attention to all safety information provided at the river in the safety talk as well as beforehand through the confirmation email as well as the videos that are on Triad's website, and agree that I have watched any and all related safety videos which were provided to the person who made the reservation. I acknowledge that I am responsible for preparing myself for this activity and that if Triad deems me unfit or unprepared to run the river that they may cancel my reservation at any time with or without notice. November 15, 2024 |
