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PLAINFIELD RIVER TUBING LLC

 

AGREEMENT OF RELEASE AND WAIVER OF LIABILITY

I represent and warrant that I am in good physical health and do not suffer from any medical condition which would limit my participation in the water recreational activities offered by Plainfield River Tubing LLC ("the Company").  I understand that it is my responsibility to consult with a physician regarding my participation.

I willingly agree to comply with all the written and verbal terms, conditions, warnings, restrictions, and directions given by the Company for the use of the equipment and participation in water recreational activities, including, but not limited to, the prohibition of alcoholic beverages and drugs prior to and while participating in such activities.

I understand that my participation in water recreational activities are inherently hazardous.  The hazards include but are not limited to: wet or uneven surfaces, slips, trips, falls, collisions with or entrapment in rocks or trees both above or below the water, equipment failure, vehicle accidents, encounters with wildlife, and weather conditions.  The risk of injury from these hazards, both known and unknown, as well as from the use of equipment, the river, and its surrounding areas is significant.  These injuries include, but are not limited to: cuts, lacerations, bruises, sprains, strains, dislocations, broken bones, head injuries, drowning, permanent paralysis, or death.

I knowingly and freely assume all risks, both known and unknown, relating to my participation in water recreation activities provided by the Company; even if arising from the negligence of the Company and its employees, and assume full responsibility for myself while using the equipment and while participating in activities on the DuPage River.

I, my heirs, and/or legal representatives hereby WAIVE AND RELEASE the Company, its owners, officers, directors, managers, agents, employees, or other representatives from any claim, demand, cause of action of any kind resulting from or related to my participation in the water recreational activities offered by the Company.  Although every attempt will be made by the Company to ensure the safety of all participants, I recognize that water recreational activities require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the inherent risks and hazards involved.  My participation is purely voluntary, and I understand and acknowledge that I am fully responsible for any and all risks, injuries, or damages, known or unknown, which might occur as a result of my participation in water recreational activities provided by the Company.

This agreement shall be governed by the laws of Illinois.  I have read the above release and waiver of liability and fully understand its content.  I am legally competent to sign and voluntarily agree to the terms and conditions stated above.

 

Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization.  COVID-19 is reported to be extremely contagious.  The state of medical knowledge is evolving, but the virus is believed to spread from person-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air.  People reportedly can be infected and show no symptoms and therefore spread the disease.

The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19.  Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.  Plainfield River Tubing LLC (the Company) is taking required safety precautions but cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing the Company's services or activities.  It is not possible to totally prevent the presence of the disease.  Therefore, if you choose to utilize the Company's services and/or undertake its activities you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK:  I have read and understood the above warning concerning COVID-19.  I hereby knowingly and voluntarily accept the risk of contracting COVID-19 for myself and/or my children in order to utilize the Company's services.  I accept the risk of exposure to, contracting, and/or spreading COVID-19 in order to participate in this activity.

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against the Company and its owners, officers, directors, managers, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing the Company's services.   I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

CHOICE OF LAW:  I understand and agree that the law of Illinois will apply to this Waiver.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

 

Date: December 21, 2024
 

First Participant's Name

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

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

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

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

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

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

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

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

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

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Emergency Contact

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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.
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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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