ZEN TUBING, INC., Midtown Location (River Arts District) 608 Riverside Dr., Asheville, NC 28801 and South Location (South Asheville) 1648 Brevard Rd., Asheville, NC 28806 - 1-855-ZEN TUBE
I desire to participate in activities made available by Zen Tubing, Inc. and its agents, owners, officers, volunteers, participants, employees, affiliates and subsidiaries (including Shuttle Bunny Inc. and Rasta Turtles Tours Inc.) and all other persons or entities acting in any capacity on its behalf (collectively, "Zen Tubing"). I hereby agree to release and discharge Zen Tubing, for myself, my minor child(ren) listed below, my estate, my heirs, and my assigns, as follows:
- I acknowledge that the acts of entering the water and tubing are inherently dangerous activities and that I am aware that they present both known and unknown risks, which could result in physical injury, paralysis, death, or damage or loss to personal property. I understand that such risks cannot be, and are not being, eliminated. It is possible that I will be jolted, jarred, bounced, thrown to and fro and shaken about through some areas of water. Tubes could turn over, or I could be separated from the tube. Accidents could occur getting in or out of the tube. Tubes are slippery. Exposure to the natural elements may be uncomfortable and/or harmful, and could cause sunburn, dehydration, heat exhaustion, heat stroke or heat cramps. Exposure to cold water could result in hypothermia and in extreme cases death. I further acknowledge the Zen Tubing or one of its affiliates or subsidiaries is providing transportation in vehicles, which may result in physical contact with others, proximity to others, travel on highways and county roads and rough terrain.
- Zen Tubing personnel are not aware of my level of fitness or abilities. They might misjudge the weather, the elements or the terrain. They are not aware of conditions that may exist underneath the water. They are not able to provide warnings or instructions as to all conditions. The equipment being used may malfunction.
- Weather may change at any time. I may be rained on or be exposed to potentially harmful situations such as lightning, thunder, or other weather conditions. Zen Tubing does not offer pick-up services during the tubing trip.
- I expressly accept and assume all of the risk existing in the activities provided or facilitated by Zen Tubing. My participation is completely voluntary, and I elect to participate in spite of the risk. I am not relying on Zen Tubing to provide warnings to me or to ensure my safety.
- I hereby waive and release any and all claims, demands, or causes of action which I may ever have against Zen Tubing, or any kind or nature, known or unknown, which are in any way connected with my participation in the activities made available by Zen Tubing (including but not limited to transportation services), any action or inaction of Zen Tubing, or my use of Zen Tubing’s equipment, services, or facilities, whether caused by the negligence of Zen Tubing or otherwise.
- I am adequately insured to cover any injury or damage I may cause or suffer, or else I agree to bear the full cost of any injury or damage that I may cause or suffer. I have no medical or physical condition which could interfere with my safety or this activity or else I am willing to assume and bear all of all risk that may be created directly or indirectly by any such condition.
- In the event that a dispute of any kind arises among me or my minor child(ren) and Zen Tubing, the exclusive venue for any litigation shall be in Buncombe County, North Carolina. North Carolina law, without regard to conflicts of law principles, shall apply to the interpretation and enforcement of this agreement, and to any dispute with Zen Tubing.
- If any portion of this agreement is found to be void or unenforceable for any reason, all other portions shall remain in full force and effect.
- Zen Tubing has not made any representations or promises to me to induce me to execute this agreement.
- No minor children under the age of four (4) are permitted to use Zen Tubing's equipment, services or facilities.
- Zen Tubing may present this agreement to me in electronic form. I agree that I may note my assent to this agreement, for myself and for minor child(ren) as applicable, through electronic means, such as e-signature or click-through, and that such electronic assent shall have the same force and effect as though I physically signed this agreement.
I am aware that the activity may be dangerous and that I could sustain serious injury, death, or exposure to a communicable disease, virus, bacteria, or illness (including but not limited to covid-19 or any other coronavirus). I am voluntarily participating in the activity with knowledge of the danger involved and agree that this provision concerns a substantial right. I further agree to assume any and all risks of accident, bodily injury, death, exposure to a communicable disease, virus, bacteria or illness (including but not limited to covid-19 or any other coronavirus) or property damage, whether those risks are known or unknown, and even if arising from the negligence of those persons released from liability below, with the exception of gross negligence or willful misconduct, and assume full responsibility for my participation.
By providing the below information, I agree and certify that I have read this entire agreement, I understand it, and I agree to be bound by its terms.
I certify that I am the parent or legal guardian of the minor child(ren) listed below, and, by my signature above, I am executing this agreement on their behalf, as well as my own.
Date: April 22, 2021