This is a release of liability and waiver of certain legal rights. In consideration for my being permitted to participate in the activities of Water Recreation, I agree to the following Waiver and Release. I acknowledge that Water Recreation has inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a river environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION: 1. Water hazards in boating, tubing and wading in the rivers including drowning. 2. Injuries from fishing equipment and other participants. 3. Encounters with wildlife, animals and insects. 4. Temperature extremes. 5. Inclement weather conditions and unavailability of immediate medical attention in case of injury.
I understand the risks, hazards, and dangers of water recreation and have had the opportunity to discuss them with TOLSONA WILDERNESS CAMPGROUND, LLC. I understand that these activities may require good physical conditioning and a degree of skill and knowledge particularly that of swimming. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. I am also aware the speed and depth of the Guadalupe River will change from the point of embarkation. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF TOLSONA WILDERNESS CAMPGROUND, LLC. WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJRY, PARALYSIS, OR DEATH. I will return the equipment in good condition, normal wear and tear excepted, and am responsible for damages.
Lastly, I for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS TOLSONA WILDERNESS CAMPGROUND, LLC. their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals or equipment, whether such damage, loss, injury , paralysis, or death results from negligence of TOLSONA WILDERNESS CAMPGROUND, LLC., LLC or from some other cause. I, for myself, my heirs, my successors, executors, subrogees, further agree not to sue TOLSONA WILDERNESS CAMPGROUND, LLC. as a result of any injury , paralysis, or death suffered in connection with my use and participation in the activities of Camping and Water Recreation. I accept the shuttle to and from the river and agree to wear safety belt in route. I understand that I am responsible for damages or losses. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.
I was offered a personal flotation device approved by the U.S. Coast Guard that was in good condition and in working order.