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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Scenic Tours and Rentals LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TOURS"), I hereby agree to release, indemnify, and discharge TOURS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in guided UTV and Jeep activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: the possibility of rough terrain; slips and falls; passengers can be jolted, jarred, bounced around, thrown about and otherwise shaken during rides; collision with fixed or movable objects, or vehicles; hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; transmissible pathogen or disease; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.

Furthermore, TOURS personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 

2.    I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.

3.    I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TOURS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TOURS’s equipment or facilities, including any such claims which allege negligent acts or omissions ofTOURS.

4.    Should TOURS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5.    I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6.    In the event that I file a lawsuit against TOURS, I agree to do so solely in the state of North Carolina and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit againstTOURSon the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TOURS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.

Today's Date: December 21, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Would you like to drive the UTV. (UTV'S ONLY NEED TO DO THIS)
Would you like to drive? If yes, kindly upload your Driver's License below. Thank you! Attention all drivers: Please ensure you upload your valid Driver's License and email us your car insurance at info@scenictoursandrentals.com before your trip. It's essential for our records and your safety on the road. Thank you for your cooperation! ALL DRIVERS: WE MUST RECEIVE BOTH DRIVER'S LICENSES AND PROOF OF CAR INSURANCE IN ORDER TO DRIVE!*
Upload your Driver's Licenses photo below.
  
Drivers License
Valid file types: JPG, GIF, PNG, and PDF
Photo Waiver: Photo Release and Waiver Agreement I, hereby grant Scenic Tours and Rentals the permission to use my photograph(s) and/or video taken during their tours for promotional and advertising purposes on their website, social media platforms, and any other marketing materials. I understand that these images may be used to showcase the adventure experiences provided by Scenic Tours and Rentals. I agree that there will be no financial compensation for the use of these photographs. I also release Scenic Tours and Rentals, its representatives, and employees from any liability, claims, or demands that may arise in connection with the use of these images. By signing below, I acknowledge that I have read and understood the terms of this Photo Release and Waiver Agreement and voluntarily agree to its content.
Choose Yes or No*
Please include the booking confirmation number or the name of the guest who booked the original adventure.

Booking Name or Confirmation Number *

Please provide your Adventure Date *
Helmet Disclosure: We do not supply Helmets. If you need to wear a helmet please bring your own. By clicking YES you are acknowledging you read and understood our Helmet Disclosure.
Click to customize question*
No
Yes

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

(Must be completed for participants under the age of 18)

In consideration of the following minor(s): (print name(s))being permitted by TOURS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless TOURS from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s). Minor(s) DOB(s)

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

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
I, the undersigned, have been fully warned and advised by Scenic Tours and Rentals LLC (hereinafter collectively referred to as “TOURS”), that I should wear a properly fitted and secured DOT and/or or SNELL certified helmet while riding or being around utility-terrain vehicles (“UTV’s”) (whether on the premises or off of the TOURS’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a helmet, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of TOURS and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse protective headgear and I cannot sign on their behalf to waive the requirement.*
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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