In consideration of the services of Off the Wagon, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "OTW"), I hereby agree to release, indemnify, and discharge OTW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in wagon ride activities 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 such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
2. I acknowledge that my participation may be with another company working with Off The Wagon and that you understand that participation with the other company could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I agree that if any situation occurred that Off The Wagon would not be held liable for any physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
The risks include, but is not limited to: collisions, and flipping over; slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; musculoskeletal injuries including head, neck and back injuries; the condition of roads, terrain, or highways and accidents connected with their use; equipment failure and/or operator error; loss or damage to equipment or personal property; the negligence of other visitors, participants, or other persons who may be present; exposure to the elements of the outdoors and natural surroundings; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life, accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.
Furthermore, OTW employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's mental, physical illness, fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to remain seated throughout the duration this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OTW from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of OTW's equipment or facilities, including any such claims which allege negligent acts or omissions of OTW.
4. Should OTW or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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 the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against OTW, I agree to do so solely in the state of Tennessee, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. If I as an adult consent to this waiver, I agree that this waiver applies to any and all minors under my authority or which I am in control or have established supervision of. I accept any financial obligation that could arise and agree to release OTW of any and all responsibility of you and your party. Any and all sections under this waiver are hereby understood and agreed to for both me and any minors as stated above.
OFF THE WAGON TOURS PHOTO/VIDEO RELEASE
I hereby grant Off The Wagon Tours permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos/videos will become the property of the Off The Wagon Tours and will not be returned.
I hereby irrevocably authorize the Off The Wagon Tours to edit, alter, copy, exhibit, publish, or distribute these photos/videos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo/video.
I hereby release my pictures/videos taken on OTW property or equipment to be used for marketing purposes. OTW can obtain the pictures/videos from any source necessary for marketing purposes.
I hereby hold harmless, release, and forever discharge the Off The Wagon Tours from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
OFF THE WAGON TOURS TEXT-EMAIL RELEASE
I hereby grant Off The Wagon Tours permission to text and or email me at the provided number/email for marketing, reviews and notifications about future events. OTW will send a minimal number of text or emails. These messages will come from OTW or one of its providers.
I understand that Off The Wagon will not use my information or sell my information to any third party. OTW does not send email/text soliciting other companies.
I understand that standard text messaging/SMS fee may be charged by the carrier.
I understand that I can opt-out of the messages at any time. Opt-out assistance is available.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against OTW on the basis of any claim from which I have released them herein. I acknowledge OTW may use my photos for marketing purposes.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Date of Signing: May 28, 2020