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PARTICIPANT'S VOLUNTARY RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
Read Before Signing. This is a legal binding agreement.
AWFM ALRT, LLC

In exchange for being allowed to use the Equipment (as defined below) rented from AWFM ALRT, LLC ("ALRT") and to participate in any way in the activity of river tubing on the Salt River (the "River") and its related activities, I the undersigned, for myself and my heirs, personal representatives, legal representatives, next of kin, successors, and assigns, acknowledge, appreciate, represent, warrant and agree that:

  1. I can swim and I am physically and mentally capable of participating in the activity of river tubing and  its related activities. I acknowledge and agree that there are no lifeguards on duty in the River or the surrounding area, and that I am participating in the activity of river tubing and its related activities at my own risk. I acknowledge that a person can drown while wearing a life jacket.
  2. I am aware that some parts of the River are more than 12 feet deep. I understand that I am not allowed and will not swim or dive in the River during my participation of river tubing and its related activities.
  3. ALRT is a rental company which rents inner tubes and other personal flotation devices (collectively, the "Equipment") and provides transportation. It does not own, control, alter or maintain the River or the surrounding areas other than the designated point of ingress and egress on the River. I acknowledge and agree that (i) ALRT is not charging any fees or expenses for use of the River or ALRT's real property adjacent to the River, and (ii) all fees and expenses charged by ALRT are in exchange for Participant's use or rental of the Equipment. 
  4. The use of the Equipment rented from ALRT, the transportation provided by ALRT, and the activity of river tubing and its related activities is inherently hazardous. By way of example, and not limitation, these hazards include: wet or uneven surfaces, slips, trips, falls, collisions with or entrapment in rocks or trees both above and below the water, Equipment failure, vehicle accidents, encounters with wildlife, and weather conditions.
  5. The risk of injury from these hazards, both known and unknown, as well as from the use of the Equipment, the transportation provided, and the use of the River and its surrounding areas is significant, including, but not limited to, cuts, lacerations, bruises, sprains, strains, dislocations, broken bones, head injuries, drowning, permanent paralysis, or death.
  6. I have familiarized myself with the conditions of the River, including its sides and the surrounding areas, and the weather conditions/forecast for the duration of my use of the Equipment and my involvement in the activity of river tubing and its related activities.
  7. I knowingly and freely assume all risks, both known and unknown, related to the use of the Equipment, the transportation, and the activity of river tubing and its related activities, including, but not limited to all such risks arising from the negligence or gross negligence of the Releasees (as defined below) or others,
  8. And assume full responsibility for myself while using the Equipment, the transportation, or while participating in the activity of river tubing and its related activities.
  9. I willingly agree to comply with all written and verbal terms, conditions, warnings, restrictions, and directions given by ALRT or others for the use of the Equipment, the transportation, and the activity of river tubing and its related activities.
  10. If I incur any injuries while using the Equipment or participating, I will immediately notify a ALRT representative, complete and sign an accident form, and seek any necessary medical attention at my own expense.
  11. I, for myself and on behalf of my heirs, personal representatives, legal representatives, next of kin, successors, and assigns, hereby release, waive, discharge, hold harmless, indemnify and promise not to sue ALRT, AWFM OPCO LLC, a Delaware limited liability company d/b/a The Awesome Flea Market, or their respective members, managers, owners, partners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, attorneys, principals, agents, affiliates, participants, sponsors, advertisers, promoters, property owners or  lessors, and any other individual, entity or public entity that is connected  in any manner with the rental of the Equipment, the transportation, or the activity of river tubing and its related activities, and each of their predecessors, successors and assigns (collectively, the "Releasees") from any and all claims, demands, losses, obligations, actions, causes of action, lawsuits and liabilities arising out of or related to any injury , disability, or death I may suffer, or loss or damage to person or property, arising from the rental of the Equipment and/or the activity of river tubing and its related activities, whether arising from the negligence or gross negligence of the Releasees or otherwise, to the fullest extent permitted by law.
  12. I agree that should I or my heirs, personal representatives, legal representatives, next of kin, successors, or assigns assert a claim as a result of my use of the Equipment, transportation, or participation in the activity of river tubing and its related activities, the claiming party shall be liable for the expenses, including attorneys' fees and other legal expenses, incurred by the Releasees.
  13. Every term and provision of this Agreement is intended to be severable in whole or in part. If any term of this Agreement is found to be unenforceable or invalid, such term shall not affect any of the  other terms and provisions of this Agreement, which shall remain binding and enforceable on me, and my heirs, personal representatives, legal representatives, next of kin, successors, and assigns.
  14. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between the parties concerning the subject matter of this Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
  15. The provisions of this Agreement will continue in full force and effect even after the termination of my participation in the activity of river tubing and the related activities on the River whether by agreement, by operation of law, or otherwise.
  16. This Agreement shall be governed by the laws of the State of Kentucky without regard to conflicts of laws principles.
  17. All participants will be offered a life jacket.  All minors MUST wear a life jacket. 
  18. I have read, understand and fully agree to the terms of this Agreement. I understand and confirm that by signing this Agreement I have given up considerable future legal rights in consideration of the privilege of using the Equipment, the transportation, and participating in the activity of river tubing and its related events. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this Agreement. If I am under 18 years of age my parent or legal guardian is signing the Consent and Release below.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant
I am the parent or legal guardian of the minor listed above (my "Minor") and have read the Participant's Voluntary Release of Liability and Assumption of Risk Agreement (the "Agreement") set forth above. I agree that the terms of the Agreement shall likewise bind me, my Minor, and each of our heirs, personal representatives, legal representatives, next of kin, successors, and assigns. I certify that my Minor properly fits into the Equipment, that my Minor is able to properly use the Equipment, and that my Minor is capable of participating in the activity of river tubing and its related activities. I certify that I, as parent/legal guardian with legal responsibility for my Minor, do hereby consent to my Minor's use of the Equipment and participation in the activity of river tubing and its related activities. I, for myself, and on behalf of my Minor and each of our heirs, personal representatives, legal representatives, next of kin, successors, and assigns, hereby release, waive, discharge, hold harmless, indemnify and promise not to sue (on my behalf or on behalf of my Minor) the AWFM ALRT, LLC, AWFM OPCO LLC d/b/a The Awesome Flea Market, or their respective members, managers, owners, partners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, attorneys, principals, agents, affiliates, participants, sponsors, advertisers, promoters, property owners or lessors, and any other individual, entity or public entity that is connected in any manner with the rental of the Equipment, the transportation, or the activity of river tubing and its related activities, and each of their predecessors, successors and assigns (collectively, the "Releasees") from any and all claims, demands, losses, obligations, actions, causes of action, lawsuits and liabilities arising out of or related to any injury, disability, or death that my Minor or I may suffer, or loss or damage to person or property of my Minor or me, arising from my Minor's use of the Equipment and/or the activity of river tubing and its related activities, whether arising from the negligence or gross negligence of the Releasees or otherwise, to the fullest extent permitted by law. I knowingly and freely assume all risks, both known and unknown, related to my Minor's use of the Equipment, the transportation, and the activity of river tubing and its related activities, including, but not limited to all such risks arising from the negligence or gross negligence of the Releasees or others, and assume full responsibility for my Minor while my Minor is using the Equipment or the transportation, or while my Minor is participating in the activity of river tubing and its related activities. I acknowledge that a person can drown while wearing a life jacket. I agree that should I or my heirs, personal representatives, legal representatives, next of kin, successors, or assigns assert a claim as a result of my Minor's use of the Equipment or transportation, or my Minor's participation in the activity of river tubing and its related activities, the claiming party shall be liable for the expenses, including attorneys' fees and other legal expenses, incurred by the Releasees. Every term and provision of this Consent and Release is intended to be severable in whole or in part. If any term of this Consent and Release is found to be unenforceable or invalid, such term shall not affect any of the other terms and provisions of this Consent and Release, which shall remain binding and enforceable on me, and my heirs, personal representatives, legal representatives, next of kin, successors, and assigns. This Consent and Release contains the entire agreement between the parties, and supersedes any prior written or oral agreements between the parties concerning the subject matter of this Consent and Release. The provisions of this Consent and Release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this Consent and Release will continue in full force and effect even after the termination of my Minor's participation in the activity of river tubing and the related activities on the River whether by agreement, by operation of law, or otherwise. This Consent and Release shall be governed by the laws of the State of Kentucky without regard to conflicts of laws principles. I have read, understand and fully agree to the terms of the Agreement and this Consent and Release. I understand and confirm that by signing this Consent and Release I have given up considerable future legal rights in consideration of the privilege of using the Equipment, the transportation, and participating in the activity of river tubing and its related events. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional waiver and release of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this Consent and Release.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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