THIS IS A LIABILITY WAIVER AND A RELEASE OF FUTURE CLAIMS AGAINST DOGWOOD CANYON FOUNDATION AND DOGWOOD CANYON, LLC. SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. NEITHER DOGWOOD CANYON FOUNDATION NOR DOGWOOD CANYON, LLC GUARANTEES YOUR SAFETY.
THIS LIABILITY WAIVER AND RELEASE OF FUTURE CLAIMS (hereinafter “Release”) is hereby entered into on this date: June 28, 2022 between Dogwood Canyon Foundation, Dogwood Canyon, LLC, and their parent companies, subsidiaries, affiliates, officers, directors, employees and agents (hereinafter collectively referred to as “Dogwood Canyon”) and “Participant,” who is the person identified below:
WHEREAS, Participant desires to voluntarily participate in the Trail and Stream Adventure at Dogwood Canyon Nature Park (hereinafter referred to as “the Activity”). For purposes of this Release, the Activity shall also include: (1) walking and/or hiking to and from any location during the Activity; (2) the instructions provided to Participant; (3) the determination of the Participant’s ability to engage safely in the Activity, based upon the Participant's age, weight, obvious physical condition or Participant's representations of his/her ability; (4) the selection, maintenance and use of kayaks, paddles, flotation devices, or any other items and equipment utilized during the Activity; (5) Dogwood Canyon’s supervision and control of the other Participants; and (6) any other matter or thing related to or incidental to any of the foregoing and the Activity itself.
NOW, THEREFORE, in consideration of the use of Dogwood Canyon’s facilities, equipment, participation in the Activity itself and other good and valuable consideration, the receipt and legal sufficiency of which being hereby acknowledged, Participant agrees as follows:
SECTION 1: REPRESENTATIONS AND ACKNOWLEDGMENTS OF PARTICIPANT:
By signing below, Participant represents, acknowledges and agrees as follows:
A. Description of Activity: Venture off the pavement into the quiet parts of Dogwood Canyon as we take to the stream and explore the habitat where Little Indian Creek and Table Rock Lake meet. This experience includes a combination of hiking and kayaking to see Bald Eagle and Great Blue Heron nest sites as well as other aquatic wildlife along the way. Reservations are required for this Activity.
B. That Participant is required to obey all posted signs and verbal instructions from Dogwood Canyon staff, as a condition of participating in the Activity.
C. That all representations made in this Release are true and correct as of the date hereof.
D. That all Participants shall be subject to the following minimum age and maximum weight requirements:
1. 8 years of age or older / 250 pound maximum.
2. Participants 14 years of age or younger must be accompanied by a supervising companion over the age of 18.
E. That Dogwood Canyon recommends that each Participant bring and wear water safe shoes. This could include Chacos (or something similar), old sneakers, or other closed toed water shoes. Keep in mind there will be a 1/2-mile hike at the end of the tour to get back to the parking lot. There will not be any dry storage provided. We recommend packing as few personal items as possible. Guests are permitted to bring their own dry bags. Lastly, we recommend that guests bring a dry change of clothes and shoes for after the tour.
F. That this Release is a contract, and by signing below and participating in the Activity, Participant is giving up certain legal rights to sue or seek damages or any other compensation from Dogwood Canyon for its negligence in the event of injury or death to Participant while engaging in the Activity, as more fully set forth herein. If Participant is not willing to acknowledge the risks and agree not to sue Dogwood Canyon as set forth herein, he/she should not engage in the Activity.
G. That the Participant is not pregnant, under the influence of alcohol, drugs or medication, and Participant does not otherwise suffer from any physical or mental condition and/or disability that would affect Participant’s ability to safely engage in the Activity.
SECTION 2. WARNINGS AND ASSUMPTION OF RISK.
Participant acknowledges and understands that Dogwood Canyon Nature Park is a managed wildlife/wilderness area located several miles from Dogwood Canyon® and that there are inherent elements of risk always present in the Activity despite the taking of all safety precautions. In addition, hiking and kayaking are physical activities subject to inherent risks and the potential for personal injury or death which may be caused by Participant’s own actions, actions, negligence or interference of others, weather, terrain, water, equipment or obstacles and hazards seen or unseen, known or unknown. These risks also include, among other things: weather conditions, moving water, drowning, equipment failure, exposure to animal and insect bites and stings, exposed stones, irregular travel surfaces, earth, trees or other natural objects and debris, exposed holes, negligence of others, impact or collision with natural and artificial objects, falling, and others. Participant represents that he/she will take all necessary safety precautions associated with the Activity and assumes all risks of participation.
****WAIVER AND RELEASE OF LIABILITY****
SECTION 3: RELEASE OF LIABILITY AND COVENANT NOT TO SUE: By signing this Release and thereby being permitted to engage in the Activity, Participant hereby expressly waives, releases and relinquishes, any and all rights, claims or causes of action that Participant may have or that may arise against Dogwood Canyon for bodily injury, personal injury, mental injury, property damage, death, medical expense and any and all other economic and non-economic losses sustained by Participant, which: (1) arise from or are in any way related to the Activity or the condition of Dogwood Canyon’s premises; and (2) are caused by or result from the NEGLIGENCE of Dogwood Canyon; including any such claims brought by any person or entity claiming by or through Participant. Participant further covenants and agrees that he/she will not sue Dogwood Canyon or assert any claims against it for any alleged NEGLIGENT acts or omissions, arising out of or in any way related to Participant’s participation in the Activity or the condition of Dogwood Canyon’s premises. Participant agrees to indemnify and hold Dogwood Canyon harmless from any and all liabilities, settlements, expenses, and costs, including reasonable attorneys’ fees, incurred by Dogwood Canyon in defending against claims, suits, etc. arising from Participant’s participation in the Activity.
SECTION 4: ENTIRE AGREEMENT--MISSOURI LAW, JURISDICTION AND VENUE--PARTIAL INVALIDITY: This Release constitutes the final and entire agreement between Dogwood Canyon and Participant concerning the Activity and his/her participation in same. Participant agrees that Missouri law shall exclusively govern the interpretation, construction and enforcement of this Release, which is intended to be as broad and inclusive as is permitted by the laws of the State of Missouri. Participant also agrees that the sole proper jurisdiction and venue for any and all claims and/or disputes of any kind, arising from the undersigned’s participation in the Activity and/or the enforcement or interpretation of this Release, shall be in the Circuit Court of Taney County, Missouri (or in the event any legal action is originally filed in or removed to Federal Court, sole proper venue shall be in United States District Court for the Western District of Missouri, Southern Division). If any portion of this Release is found to be void, invalid, or unenforceable, it is agreed that the remaining portions shall remain in full force and effect.
BY SIGNING BELOW, THE PARTICIPANT (OR PARENT/GUARDIAN IF PARTICIPANT IS A MINOR) WARRANTS THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THE TERMS OF THIS RELEASE AND ACKNOWLEDGES THAT THIS RELEASE INCLUDES A WAIVER AND RELEASE OF LIABILITY AND FURTHER AFFIRMS THAT HE/SHE SIGNS THIS DOCUMENT VOLUNTARILY AND OF THEIR OWN FREE WILL, WITH THE INTENT TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS.