I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, and all members of my family who are minors, under the age of 18, or any individuals under the age of 18 that I’m assuming guardianship for during this tour, their heirs, successors, assigns, and legal representatives. It is my intention to fully assume ALL risk associated with this tour and to release ROGUE JET BOAT ADVENTURES from any and ALL liability to the maximum extent permitted by law. I further agree to hold harmless any and all other organizations associated with ROGUE JET BOAT ADVENTURES directly or indirectly from any and ALL liability to the maximum extent permitted by law.
SAFETY EQUIPMENT:I also understand and acknowledge that failing to use or properly use safety type equipment such as personal flotation devices increase my risk of injury or of not surviving an accident or incident while taking part in the tour.
RELEASE OF MEDIA:Rogue Jet Boat Adventures may use any photos for promotional and marketing purposes.
PRIVATE PROPERTY:During the tour, you will be offloaded and layover on private property. This property “The Discovery Park” shall only be accessed from the Rogue River. During your stay at the Discovery Park you may take part in additional activities. Activities include fishing, trail walking, boating, games, or any other activity that is made available to you by Rogue Jet Boat Adventures. In taking part of activities provided you agree to and assume all liability for your own actions as it relates to park activities.
If taking part in fishing activities you understand children unsupervised casting fishing poles may injure other park users as they cast. All fishing activities shall be monitored by an adult.
If taking part in renting pedal boats or canoes, life jackets are provided and shall be worn at all times.
If utilizing the playground area for young children, these children must be monitored by a guardian at all times during the use of the equipment and you agree to do so and use the equipment at your own risk.
The Discovery Park has a 40 acre lake. If you swim, you understand you are doing so at your own risk and understand there is no life guard on duty.
OVERNIGHT ACTIVITIES: If you are taking park in overnight camping activities, either renting a tent or furnishing your own camping gear, you agree to the following:
You acknowledge there is not a camp host and you are essentially camping remotely.
Tent placement time is at 6:30 PM and take down is no later than 9:30 the next morning. If camping for more than 1 day, each day the tent must be taken down if not set up in a designated camping area.
You agree not to swim after sunset.
You agree not to use campfires for cooking or warmth.
You agree this agreement section is not isolated from the main body of this agreement and this entire agreement applies in whole or in part for overnight camping activities.
I further agree to “indemnify” (Meaning to defend and to pay or reimburse) ROGUE JET BOAT ADVENTURES) against any claim by any person, including minors, arising in whole or in part from any injury or other loss suffered or caused by me in connection with the expedition or my participation in any activities.
SHUTTLE SERVICE/EVENTS/ALCOHOL: If you are taking part in any jet boat shuttle service to the Discovery Park for activities and or promoted events:
You agree not to bring any alcoholic beverages on the boat or into the park.
You acknowledge Rogue Jet Boat Adventures has the right to refuse shuttle service to the park if you are seen to be impaired by alcohol or other substances that would make your judgement questionable. You also agree that if you arrive impaired Rogue Jet Boat Adventures will charge you in full with no option for refund. Rogue Jet Boat Adventures may refuse service to anyone.
You agree to conduct yourself at the park in a manner that promotes a normal family friendly atmosphere.
You agree Rogue Jet Boat Adventures has the right to remove you from any event held at the Discovery Park if you are affecting other customers event experience by your behavior. You also agree to be charged up to a 75.00 shuttle fee for your removal to be charged automatically to the card on file attached to your reservation.
You agree to abide by the posted Discovery Park rules posted at the park, and also agree to abide by park staff requests.
Park removal and shuttle service charge for each removed person fall under the following conditions:
Drunken Behavior that affects others overall experience
Not using the designated restrooms and relieving yourself outdoors
Arguing/ Lude behavior
Not observing park signs, rules, and regulations
INDEMNIFICATION: I further agree to “indemnify” (Meaning to defend and to pay or reimburse) ROGUE JET BOAT ADVENTURES) against any claim by any person, including minors, arising in whole or in part from any injury or other loss suffered or caused by me in connection with the expedition or my participation in any activities. I further agree this agreement is binding indefinitely for any future use of the park at any time on any day.
BINDING ARBITRATION:I agree that any dispute concerning, relating, or referring to this agreement, ROGUE JET BOAT ADVENTURES tour brochures or any other materials that concern my tour, the tour itself, or any claim for the damages due to injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Medford, Oregon, USA, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Oregon law. The arbitrator and not any federal, state, or local court agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation, of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions.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.
I understand that in calculating the cost of this tour, ROGUE JET BOAT ADVENTURES has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively ROGUE JET BOAT ADVENTURES would not be able to offer these services. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
Dated: April 5, 2020