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  SCALY MOUNTAIN OUTDOOR CENTER, LLC
ASSUMPTION OF RISK DISCLOSURE NOTICE

Scaly Mountain Outdoor Center, LLC (SMOC) (AKA Highlands Outpost) offers outdoor activities and fun for the entire family. These activities include trout fishing (stocked pond), ice skating, mountain (alpine) coaster and tubing runs. All of these activities are HAZARDOUS activities, and have certain inherent risks which require the participants to be fully aware of their surroundings, including natural risks, other people, and manmade objects. 

North Carolina is a Contributory Negligence state, which means that if an individual is injured, and they are partially at fault for their injury, they may not recover damages for the negligence of others, including that of Scaly Mountain Outdoor Center, LLC. 

The following rules apply to all participants of the activities offered and must be followed so you may have an enjoyable time and avoid bodily injury or death.

1. No Horseplay. Always be aware of your surroundings.

2. Parents must properly supervise their children.

3. No one under the influence of alcoholic beverages, or illegal substances may use the facilities.

4. Proper attire required while engaging in activities at SMOC, including shirts and close-toed shoes.

5. No swimming in the trout pond. There is no lifeguard present at the trout pond; be careful and keep a safe distance from the edge to avoid falling in or drowning.

6. Be careful while baiting hooks and casting fishing line so as not to hook yourself or others. 

7. Only ONE rider per tube

8. Do not start on the tube run before ensuring that other tubers are at a safe distance

9. Always keep your hands and feet inside of tubing lift and run.

10. Do not rock tubes as this may cause the tube to flip over or skip off the run.

11. Always inspect equipment prior to use and return same to attendant for replacement to avoid injury.

12. All participants are responsible for proper care of equipment of SMOC, and shall be charged for any damages caused to such equipment, or loss thereof.

13. Follow rules posted for ice skating

14. Follow all rules and instructions for the mountain coaster, maintain proper following distance, remain seated with the seat belt on at all times. 

15. I understand all these conditions:

Risks of injury to my body, including but not limited to: falling, collisions, tripping, and loss of balance, hypothermia and falling of other participants.

16. I understand that Scaly Mountain Outdoor Center and their photographers will be taking images of the activities throughout the day, occasionally with small drones. I hereby irrevocably authorize Scaly Mountain Outdoor Center to use photographs of me and /or my family, publish (without me or my family member’s names attached) the photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or retouched representations, and the purposes of publicity, illustration, commercial art, advertising, lawful uses as may be determined by the Outdoor Center. If you do not wish to participate, let us know when you get your lift tickets so we can mark them.

17. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this lease.

18. No refunds.

I agree to hold harmless and indemnify Scaly Mountain Outdoor Center, LLC, its agents, employees, and owners for any injuries or death suffered to me or others as a result of my negligence or contributory negligence. Failure to observe the rules, as well as failure to exercise reasonable care while engaging in activities at Scaly Mountain Outdoor Center shall be considered negligent behavior, and bar any recovery for damages from Scaly Mountain Outdoor Center, LLC.

Having read this form, I agree to exercise reasonable care and follow all the rules of SMOC. I understand that these activities are Hazardous, and freely and voluntarily assume all risks of bodily injury or death while engaging in such activities. This agreement is governed by the laws of North Carolina and I voluntarily submit myself to the Jurisdiction of North Carolina and to the venue of Macon County for any possible legal actions. I agree that there have been no warranties or promises made by or on behalf of SMOC, express or implied, other than that which is contained in this form. I freely and voluntarily sign this document and understand the contents thereof. 

Please sign below to acknowledge WAIVER OF LIABILITY for myself and anyone under my guardianship.

 December 21, 2024

First Participant's Name

First Name*

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Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

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

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

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

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

First Name*

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

First Name*

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

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

First Name*

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

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

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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

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Phone*
Parent or Guardian's Date of Birth*
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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