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Wind Dancer Tours Liability Waiver

Accidental Waiver and Release of Liability Form for Participants


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: April 30, 2024

Signature:


First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.

PARENTAL CONSENT AND INDEMNIFICATION AGREEMENT

I, the undersigned, am the parent and/or legal guardian of the Minor child listed below. I have read, understand and acknowledge the risks of the Activity and I represent that the Minor’s experience and capabilities are sufficient to qualify them to participate in such Activity.

In consideration of our participation, I hereby release, discharge, covenant not to sue and indemnify Wind Dancer Tours and Delamar, LLC and its respective agents, employees, personnel and representatives (the “Releasees”) from all liability, claims, demands, losses or damages on the Minor’s account caused or alleged to have been caused in whole or in party by the negligence of the Releasees or otherwise. I agree to indemnify, defend and hold harmless the Releasees in the event anyone, including the Minor or anyone on the Minor’s behalf, makes a claim for any litigation expenses, losses, liabilities, or damages against any of the Releasees.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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