I desire to participate in activities made available by G Rover Boys, LLC and its agents, owners, officers, volunteers, participants, employees, affiliates and subsidiaries and all other persons or entities acting in any capacity on its behalf (collectively, “Edisto River Adventures”). I hereby agree to release and discharge Edisto River Adventures, 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 that Edisto River Adventures 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.
- Edisto River Adventures 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. Edisto River Adventures 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 Edisto River Adventures. My participation is completely voluntary, and I elect to participate in spite of the risk. I am not relying on Edisto River Adventures 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 Edisto River Adventures, or any kind or nature, known or unknown, which are in any way connected with my participation in the activities made available by Edisto River Adventures (including but not limited to transportation services), any action or inaction of Edisto River Adventures, or my use of Edisto River Adventure’s equipment, services, or facilities, whether caused by the negligence of Edisto River Adventures 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 Edisto River Adventures, the exclusive venue for any litigation shall be in Dorchester County, South Carolina. South Carolina law, without regard to conflicts of law principles, shall apply to the interpretation and enforcement of this agreement, and to any dispute with Edisto River Adventures.
- 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.
- Edisto River Adventures has not made any representations or promises to me to induce me to execute this agreement.
- Edisto River Adventures 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 esignature 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.
SIGNING ADULT (AGE 18 and OLDER) TO FILL THIS SECTION OUT
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.