WHITEWATER ADVENTURES, LLC RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FOR SELF GUIDED RAFT RENTAL This is a release of liability. Read it carefully before signing. This release essentially states that I know I am going on a whitewater rafting trip in a wilderness/ outdoor environment - not on an amusement park ride or to an air-conditioned shopping mall. As a result, of the inherent risks in this activity, I know I may die, get hurt, or damage my belongings. If any of these occur, I understand that I cannot make a claim, sue, or expect WHITEWATER ADVENTURES, its owners, officers, agents, employees, associates, the State of California, it's Department of Parks and Recreation, the U.S. Bureau of Land Management and the U.S. Bureau of Reclamation (hereinafter referred to collectively as WHITEWATER ADVENTURES or WW.A.) to be legally responsible or pay for any damages or any legal fees defending a claim. ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS: I, the undersigned, hereby acknowledge that I have voluntarily chosen to go on this self-guided whitewater rafting trip with WW.A. Certain risks are inherent in any recreational activity and cannot be eliminated, altered, or controlled, and these risks that contribute to the unique character of the activity can also be the cause of injury, illness, death and damages. I know and fully understand that a whitewater rafting trip is an outdoor adventure activity in a wilderness environment with inherent risks and hazards where serious accidents can occur, participants can die, sustain injuries and property damage. Also, I understand that this is a self-guided trip. No guide will be in my boat. I am only renting the equipment from WW.A. which I agree to inspect before embarking on the trip. I acknowledge and willingly assume all risks and hazards in whitewater rafting and river - related camping from the pre-embarkation rendezvous until the conclusion of the trip, including, but not limited to, (1) loss of control of the raft, falls in, out, or about the raft, collision with other participants, equipment, other rafts, rocks, trees, and portion of the interior of the raft, and any other man-made or natural obstacles, whether obvious or not; (2) judgment, decision making and conduct of the employees; (3) submersion in water, drowning; (4) encounters with animals, wildlife and insects; (5) exposure to wilderness environment, extreme temperatures, and inclement weather, remote areas, wilderness terrain, including, travel by foot or vehicle in any way related to this activity, whether at camp or elsewhere; (6) assistance in lifting and/ or carrying rafting equipment; (7) rescue-related injuries; (8) unavailability of immediate and appropriate medical attention in case of injury; and (9) driving risk and hazards to remote drop off sites on paved and unpaved mountain roads; (10) entanglement in the raft; (11) injuries sustained at campsite by other campers, falling trees or other dangers known or unknown, anticipated or unanticipated. I also agree to not camp under any trees with the knowledge that branches can fall. I further understand that the use of alcohol or drugs before or during my trip can impair my judgment and ability that could lead to my death or injury while on the river, on land or at camp. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage. My participation in this activity is purely voluntary and I elect to do so at my own risk. By signing below, I am acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending the trip, I, and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold WW.A. liable for any illness or injury. RELEASE: In consideration for WW.A. allowing me to participate on this trip, I voluntarily agree to indemnify, release, discharge, and hold harmless WW.A. and for any and all claims of liability arising out of their negligence, fault, recklessness, or any other act or omission which causes the undersigned illness, injury, disease, death, and damages of any nature in any way connected with my participation in this rafting activity. I also expressly agree to release, indemnify, hold harmless and discharge WW.A. from any act or omission of negligence in rendering or failing to render any type of rescue, emergency or medical services. In signing this document, I fully recognize and understand that if I ( or any minor on whose behalf I am signing this release) am hurt, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against WW.A., even if they negligently or by some other act or omission cause the injury or damage. I further agree, to hold harmless, defend, and indemnify WW.A. from all defense costs, including attorney's fee incurred in connection with claims for bodily injury, wrongful death, or property damage, sustained by me and any minor on whose behalf I am signing under 18 years of age, or which I may have caused to spectators or other third parties, whether negligent or not in the course of my participation in this activity. I also agree that any credit card disputes will be handled as a trip credit in the current or following year, there will be no cash refunds. As a parent or legal guardian of a participant under 18 years of age, I have read and voluntarily agree that said minor may participate in this whitewater rafting trip, and I sign this release on their behalf of the minor's parents and/ or guardians. In addition, I give WW.A. permission to treat said minor in case of illness, injury, emergency, or accident. Should emergency medical services become necessary, for the undersigned participant or minor, the expenses are the sole responsibility of the participant and not that of WW.A. WW.A. reserves the right to accept or deny services to any person. Rafters are not allowed to stop at any of the Yolo County Park facilities located on the left hand side of the river. If you choose to quit on the river you are responsible for the return of WWA equipment. I hereby agree to follow all rules, regulations, and instructions while on this trip. I WILL NOT TAKE A RAFT BY MYSELF. I understand that if I am found to have taken my own raft, my trip will be terminated. I also certify that I and any minor on whose behalf I am signing, are physically and mentally capable of participating in these activities. I hereby agree that WW.A. may use film or photographic records of this rafting trip for it promotional and/ or commercial purposes. All instructions, rules and literature will be spoken and written in the English language only. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Responsibility You are going on a whitewater rafting trip in the wilderness, NOT to a theme park, the mall or any other type of controlled environment. All water sports involve inherent risk, so you hereby assume all risks. Whitewater Adventures assumes no responsibility for trip members, their personal belongings or for the time and expense incurred. We assume no responsibility for theft or loss of personal property. Please leave valuables at home. We require all trip participants to sign a liability release waiver before embarking on our trip. All river instructions and literature will be spoken and written in English only. All trips on the Upper Cache are self-guided. No helmets are issued. Because your safety is our primary concern, we require that you do not consume alcoholic beverages during the morning of your trip or while on the river. We also reserve the right to postpone/cancel or change a trip due to severe weather, fire, water fluctuation, road conditions, public health concerns or other circumstances beyond our control. If a trip is cancelled you will be issued a credit, which you may redeem in the current or following year. No cash refunds will be given. If you have any health or physical problems, ailments, have obesity, or are pregnant, please consult your doctor before the trip. We advise low cost trip insurance, which allows you to rebook a trip if you have to cancel for any personal reason. On some trips the section of river that you run is reversed. Also the same section of river may be run twice due to poor road conditions, wash outs, slides, fire or other circumstances beyond our control. Please no rafters under the age of 12 years old and 80 Lbs. I HAVE READ THIS DOCUMENT IN ITS ENTIRETY. I UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THIS SELF GUIDED WHITEWATER RAFTING ACTIVITY. I UNDERSTAND THAT IT IS A RELEASE OF ANY AND ALL CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED AND WHITEWATER ADVENTURES, LLC, THEIR OWNERS, OFFICERS, AGENTS, AND EMPLOYEES, AND THAT IT CANNOT BE MODIFIED OR CHANGED IN ANY WAY BY THE REPRESENTATIONS OR STATEMENTS BY WHITEWATER ADVENTURES, LLC OR BY THE UNDERSIGNED. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF ALL PROVISIONS IN THE RELEASE AND MY AGREEMENT TO BE BOUND BY THEM. I ALSO AGREE IF I DO MAKE A CLAIM IT MUST BE FILED IN THE COUNTY OF YOLO.
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