THIS ACCIDENTAL WAIVER AND RELEASE OF LIABILITY FORM CONTAINS IMPORTANT PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOLLOWING TERMS. IF YOU HAVE HAVE NOT READ, UNDERSTOOD OR AGREED TO THE FOLLOWING TERMS YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE ACTIVITY AS DEFINED BELOW. In consideration of my participation in the following activity [listed in the section below] (the “Activity”), I hereby agree and acknowledge as follows: I acknowledge that outdoor water and land activities carry risks with it of the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by the terrain, facilities, temperature, weather, condition of the participants fitness level, vehicular traffic, actions of other people, including but not limited to other participants and staff. I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN THIS ACTIVITY. FURTHER, I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE WIND DANCER TOURS AND DELAMAR LLC AND ALL OF ITS RESPECTIVE AGENTS, OFFICERS, REPRESENTATIVES, EMPLOYEES AND OWNERS AS FURTHER STATED HEREIN. I certify that I am in good health and in proper physical condition to participate in such Activity and that my physical condition is such that I am sufficiently trained for this activity and have been advised otherwise by a qualified medical person. I acknowledge that this Accident Waiver and Release of Liability form will be used by Wind Dancer Tours and Delamar LLC and that it will govern my actions and responsibilities while participating. I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns to: (A) Waive, Release, and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter accrue to me, including as to my traveling to and from this activity, the following entities or persons: Wind Dancer Tours and Delamar LLC, its elected and appointed officials, employees and volunteers, and representatives and agents, and others working or acting on behalf of Wind Dancer Tours; and to the extent permitted by law (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of or relating to my participation in this activity. I have read, understood and agree to this Accidental Waiver and Release of LIability Form for Participants. By signing below, I acknowledge this to be true and further acknowledge that I have given up substantial rights by signing it and have freely signed it, without inducement or assurance of any nature, and intent it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the remainder of the agreement shall continue in full force and effect. Date: November 21, 2024 Signature:
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