Date of visit: April 18, 2021
IMPORTANT, READ CAREFULLY. This document affects your legal rights. It must be signed by you “participant”, whether you are an adult or minor, if you are tenting or otherwise using equipment or participating in activities offered by HOCKING VALLEY ENTERPRISES, INC., doing business as HOCKING HILLS ADVENTURES. (Jointly and separately referred to in this document as “provider”). The services of the Provider include renting rafts, tubes, canoes, kayaks, or paddle boats (referred to collectively as watercrafts). Activities scheduled and unscheduled associated with these services may include in addition to travel by water, swimming, wading, hiking, climbing on rocks, slopes and travel to and from the activities. It must be signed also by the parent of guardian if minor Participant is under 18 years of age. The parent or guardian agrees to these terms individually and on behalf of the minor. References in the agreement to “I” or “we” include all who sign below unless clearly indicated. In consideration of the opportunity to rent or otherwise use certain equipment and participate in activities offered by Provider, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEARBY RELEASE Indemnify, and HOLD HARMLESS HOCKING VALLEY ENTERPRISES, its officers, officials, agents and or employees, other participants, sponsors, and owners of premises used to conduct the event (releases), from any and all claims, demand losses, and liability arising out of or related to any injury, disability or death I may suffer, or loss or damage to person or property, whether arising from the negligence of the releases or otherwise to the fullest extent permitted by law. Participant (adult or minor), and the parent or guardian of a minor Participant, understand, acknowledge, and agree as follows: In addition Photography Release (This is for the purpose of marketing as well as social media) By my signature, I hereby give permission myself and minors with me to be photographed by a representative of Hocking Valley Enterprises Inc. and I give my permission for those photographs to be used, without restriction as to changes or alterations, for advertising, promotion, exhibition, or any other lawful purposes, including social media. I waive any right to inspect or approve the photograph(s) that may be used now or in the future, whether that use is known or unknown to me, and I acknowledge that I understand that there will not be any compensation arising from the use of the photograph(s).
Acknowledgment and Assumption of Risks
I the Participant (adult or minor) and the parent or guardian of a minor Participant understand the nature of the services of Provider and other activities which man occur, and their risks. I acknowledge and expressly assume all risks of the activities, whether or not described below, known or unknown, and inherent of otherwise. I take full responsibility for any injury or loss, including death, which I, or a minor child for whom I sign, may suffer, arising in whole or part of such activities. The hazards and risks (together referred to as “risks”) of the use of the watercraft include the following: entering exiting and operating the watercraft, water which may be fast, cold, deep and subject to rapid change: objects which may be encountered in and out of water , and which may not be obvious, including debris, trees, rocks, body may become entrapped in or under tocks and other objects; Participants may stuck or be stuck by objects, other watercraft, and other persons in and outside of the watercraft. Risks of other activities include those associated with camping, hiking and moving on and over terrain, including the shoreline, the premises of Provider and others, and elsewhere, which may be unstable, steep and slippery and where rocks, trees and other objects may fall, and man-made and natural structures may fail; animals including poisonous reptiles, and poisonous plants may cause harm swimming in unfamiliar surroundings may cause entrapment, injury from slips and falls and drowning. Other risks include errors in judgment of Providers staff and other Participant, including the improper assessment of capabilities and conditions pertaining tot the activities, equipment may be misused or may fail because of manufacturing defect or otherwise collisions may occur while traveling by vehicle to and from the activities are subject to the unpredictable forces of nature including exposure to the sun, cold, wind, hail, lightning, flash floods and other such phenomena, activities may take place in remote places, significantly delaying emergency medical care and evacuation.
Agreement of Release and Indemnification and Additional Provisions.
As the adult Participant, or the parent or guardian of a minor participant, I agree, for myself and on behalf of the minor Participant for whom I am signing, as follows: I release the Provider, its employees, contractors, volunteers, directors, owners (“Released Parties”) from any and all claims for injury or loss which I, or the minor child for whom I sign, may suffer, arising out of or in any way related to my, or the child’s participation in the activities of Provider or the use of its equipment. Neither I, the minor child, nor anyone acting on our behalf, will bring suit or otherwise assert any such claim against a Released Party. I will indemnify (that is defend and satisfy by payment or reimbursement, including costs and attorney’s fees) each Released Party from any claim of liability, including one brought by or for a minor child for whom I sign, a co-participant in any of the activities of the Provider, a rescuer, am member of my, or the minor child’s, family, or anyone else, asserting a loss arising out of or in any way related to my, or the child’s participation in the activities of Provider of the use of its equipment. The agreements of release and indemnification above include claims arising in whole or in part from negligent (but not grossly negligent, reckless, or intentionally wrong) acts or omissions of Released Parties or any of them, and all other claims , including for personal injury, wrongful death, property damage, products liability (including strict liability), breach of contract or warranty, or otherwise. The agreements are intended to be enforced to the fullest extent allowed by allowed by law, and to be binding on me as Participant and on me as parent or guardian of minor Participant, individually and on behalf of the minor for whom I signed.
Responsibility of Equipment
I agree to be responsible for each canoe, kayak, raft, tube paddle and lifejacket rented. If lost or stolen I agree to pay the replacement value of $500.00 per canoe, $300.oo per kayak, $1000.00 for each raft, $20 per each lifejacket and paddle. I further agree to return said equipment to Hocking Valley Enterprises in the same general condition at the expiration of the rental period (normal wear and tear expected). I also agree to return by the posted times or pay a free of $10.00 per half hour per boat. If payment was made by credit card I understand this fee will be charged to my credit card.