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 occured 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 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.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I maybe 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 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: January 22, 2019