PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
“Adult” means the undersigned parent(s), legal guardian(s), or temporary guardian(s) being at least 18 years old, signing on behalf of himself/herself as well as on behalf of the minor child/children named below. “CHILD” means the minor child or children named below.
BY SIGNING THIS AGREEMENT AS AN ADULT, YOU REPRESENT YOU ARE THE LEGAL PARENT(S) OR GUARDIAN(S), or temporary guardian(s), OF THE CHILD.
The undersigned agree and understand that rafting, kayaking, tubing and canoeing and associatedactivities (hereinafter the “ACTIVITY”) can be HAZARDOUS and INVOLVES THE RISK OF PHYSICAL INJURY or DEATH.
“PARTICIPANT” means the undersigned adult(s), being at least 18 years old, signing on behalf of himself/herself. The undersigned agrees and understands that rafting, canoeing, kayaking, tubing, and its associated activities (herein the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
PARTICIPANT agrees and understands that there are risks associated with strenuous physical exertion and with participating in the ACTIVITY and that INJURIES AND/OR DEATH may result from engaging in the ACTIVITY.
PARTICIPANT agrees and understands that risks include, but are not limited to: water conditions, changing and unpredictable currents, hidden underwater obstacles, falling while aboard a vessel or on shore, drowning, injury or fatality due to the overturning of a raft or other vessel, collision with a vehicle, boat, rock, log or tree, jumping or diving from the boat, rope swing or fixed object, changing weather conditions, immersion in water and hypothermia, exposure to temperature extremes, illness due to water-borne germs and bacteria, mental anguish, loss of or damage to personal property, water damage due to leaking bags or other containers, transportation to and from the river, the condition of the PARTICIPANT, dehydration, insect sings, sunburn, rashes, other unforeseen ccurrences, and RECOGNIZING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY.
In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, PARTICIPANT hereby agrees to ASSUME ALL RISKS associated with his/her participation in the ACTIVITY. Additionally, PARTICIPANT agrees to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY Riverbend Floats, its affiliated organizations and companies, the United States, and their respective insurance carriers, agents, employees, representatives, assignees, officers directors, subsidiaries, and shareholders (each hereinafter a “RELEASED PARTY”) from ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those injuries and damages caused by any RELEASED PARTY’s alleged or actual NEGLIGENCE OR BREACH OF any express or implied WARRANTY. By execution of this release, PARTICIPANT AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of the PARTICIPANT and/or a third party arising from the PARTICIPANT’s participation in the ACTIVITY.
PARTICIPANT represents that he/she is in good health and there are no special problems associated with his/her care. PARTICIPANT authorizes any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. PARTICIPANT agrees that upon his/her transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT. Further, PARTICIPANT agrees to pay all costs associated with such medical care and related transportation provided for
PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating there from.
In consideration for allowing the PARTICIPANT to participate in the ACTIVITY, PARTICIPANT agrees that ANY AND ALL CLAIMS for injury and/or death arising from his/her participation in the ACTIVITY shall be GOVERNED BY Oklahoma LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF OKLAHOMA.
The UNDERSIGNED hereby grant permission to Riverbend Floats, their designated photographers, associates and agents to use any photographs or videos taken during the ACTIVITY in any way they deem appropriate.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the PARTICIPANT.
If I am the parent, guardian or temporary guardian with legal responsibility for another participant, these signatures also certifies that, I as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these activities for myself, my heirs, assigns, and next of kin.
THE FOLLOWING ARE PROHIBITED UNDER GRDA RULES AND SUBJECT FINES IN EXCESS OF $200.00:
- No use of profanity or obscene behavior
- No alcohol stronger than 3.2 content
- No firearms or weapons
- One ice chest/cooler per vessel
- No ice-chest larger than 50 quart in size
- All coolers must have a secure latch to prevent spills
- No tying canoes, rafts, or kayaks together
- No littering
- Children 12 and under must wear life jacket
- Everyone must have a life jacket on board and readily available in case of emergency (must be loose and NOT tied to the vessel)
FOR YOUR FLOATING SAFETY AND PLEASURE PLEASE OBSERVE THE FOLLOWING:
- Wear your life preserver
- Watch the river ahead of you
- Stay to the inside of curves
- Avoid logs, do not grab branches
- Do not swing from rope swings
- Observe NO TRESPASSING signs
- Do not jump or dive in river
- All participants must have a life preserver
- Wear old river shoes and sunscreen
- ALCOHOL impairs judgment, drink hydrating liquids
Help keep YOUR River clean - if you pack it in, then pack it out!
Riverbend River Activities ASSUMPTION OF RISK,
RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
Please read carefully before signing.
As Group Leader, I acknowledge that all PARTICIPANTS and I have read this liability waiver and release of liability on page one and take full responsibility and voluntarily without any inducement or duress for the accuracy of all names listed. Also, I have read this release of liability and fully understand that the participants agree to the terms that (the participants) have given up substantial rights. You also agree to assist Riverbend Floats in any way necessary to collect funds for damaged, lost, or abandoned equipment, as listed on the rental agreement, and to defend against lawsuits that violate the Release of Liability signed by Participants in this group.
Date: May 28, 2022