In consideration of being allowed to participate in any way in the Whitewater Challengers program, its related events and activities, including but not necessarily limited to activities like whitewater rafting, hiking, biking, paintball, disc golf, kayaking, canoeing, camping, ziplining, geocaching, and other outdoor activities, I, the undersigned, acknowledge, appreciate, and agree that:
- The risk of injury or illness from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury or illness does exist; and in certain circumstances (swiftwater rescue, raft rescue, first aid, etc.) social distancing from guests or employees may be impossible.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and I assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation, including any age, weight, height or other requirements that may apply. I understand that I must wear shoes or booties, and an approved personal flotation device at all times while rafting. I am in good health, I understand that physical exertion may be required, and I have no known physical disabilities or health problems that will present any risk to my participation in the program. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,
- I permit the use of any photos or video of me taken during the day’s activities for publicity, advertising, other commercial purpose; and
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS WHITEWATER CHALLENGERS, their owners, officers, officials, agents and/or employees, other participants, licensors, licensees, subcontractors, affiliates, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity (hereinafter “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation in any part of the Whitewater Challengers program, from the time of my arrival at Whitewater Challengers until my final departure therefrom, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and
- Any claims or disputes arising from my participation in this program shall be venued in the Luzerne County Court in the town of Wilkes Barre, PA or in the Supreme Court of the State of Pennsylvania.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Date Signed: December 2, 2020