PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
*** READ BEFORE SIGNING ***
In consideration of being allowed to participate in any way in any program, related events or activities at BOONE ADVENTURES, LLC dba WAHOOS ADVENTURES (“WAHOOS”) facilities, I, the undersigned, acknowledge, appreciate and agree that:
- The risk of injury from the activities involved in WAHOOS’ program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF WAHOOS or others and assume full responsibility for my participation.
- I expressly acknowledge that naturally disease processes (including, but not limited to, the currently wide-spread Coronavirus) occur in all environments in which this activity will take place. I acknowledge that, while WAHOOS has taken reasonable measures to avoid contact, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is ultimately my responsibility to safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that Wahoo’s cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for the transmission of the Coronavirus (or any disease process) to other Wahoo’s participants or employees, that I may be held legally and financially responsible for that transmittal.
- I willingly agree to comply with the terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest WAHOOS’ official immediately.
- I, for myself and behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS WAHOOS, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event or program, from any and all claims, demands, losses, and liability arising out of or related to any to INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, from any cause whatsoever during the course of the activity or program, WHETHER ARISING FROM THE NEGLIGENCE OF THE WAHOOS OR OTHERWISE, to the fullest extent permitted by law.
- I give consent to use my photo image and the photo image of any minors in my care taken while participating with WAHOOS, to be used for promotional purposes for WAHOOS with no compensation.
- The venue of any dispute that may arise but of the agreement or otherwise between parties to which WAHOOS or its agents is a party shall be either the Watauga County Superior Court or the Federal District Court in Statesville, N.C.
- If any portion of this release is found to be invalid, the reminder shall remain in force.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (under age 18 at time of registration): This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above for all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE WAHOOS, to the fullest extent permitted by law.
Date: December 6, 2023