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Gorge Underground Adventure

Waiver and Release of Liability

READ BEFORE SIGNING

 

Participant Agreement: In consideration of the opportunity to participate or otherwise use certain equipment in the activities offered by The Gorge Underground LLC LLC. Participant (adult), or the guardian of a minor participant, understand, acknowledge, and agree as follows:

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK: THE UNDERSIGNED PARTICIPANT (“PARTICIPANT” BEING DEFINED AS EITHER MYSELF AND/OR MYSELF AS A PARENT OR GUARDIAN OF A MINOR PARTICIPANT) EXPRESSLY ACKNOWLEDGES THAT HE/SHE UNDERSTANDS THE KNOWN AND UNANTICIPATED RISKS INHERENT IN HIS/HER PARTICIPATION IN THIS ACTIVITY AND THAT SUCH ACTIVITY IS INHERENTLY DANGEROUS AND COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY OR OTHER DAMAGE TO HIS/HER SELF OR PROPERTY, OR TO THIRD PARTIES. WITH FULL KNOWLEDGE OF THESE RISKS, THE UNDERSIGNED ASSUMES SAID RISKS AND ACKNOWLEDGES THAT HIS/HER AGREEMENT TO PARTICIPATE OR USE EQUIPMENT IN ACTIVITIES OFFERED BY The Gorge Underground LLC IS PURLEY VOLUNTARY, AND THE UNDERSIGNED ACCEPTS FULL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR.

ACTIVITIES, HAZARDS AND RISKS: The hazards and risks (together referred to as “risks”) include, but are not limited to, the following: entering, exiting and operating the watercraft; water which may be deep, cold, and subject to rapid change; object which may be encountered in and out of the water, and may not be obvious, including debris, trees, rocks, boulders, dams, and other hazards; the watercraft may overturn, swamp and sink and occupants may strike or be struck by objects, other watercraft, and/or other persons, in and outside of the watercraft. Risks of other activities include those associated with hiking and moving on and over terrain, including the shoreline, the premises of The Gorge Underground LLC and others elsewhere, which may be unstable, steep and slippery and where rocks, trees, and other objects may fall, and man-made and natural structures may fail; animals, including venomous reptiles, and poisonous plant-life may cause harm; swimming in unfamiliar surroundings may cause entrapment, injury from slips and falls, and drowning. Other risks include errors in judgement of The Gorge Underground LLC staff and other participants, including the improper assessment of capabilities and conditions pertaining to the activities (certain activities may be instructional, and designed to extend the skills of participants); equipment may be misused or may fail because of manufacturing defects or otherwise; collisions may occur while traveling by watercraft to and from the activities; the activities are subject to the unpredictable forces of nature, including exposure to the sun, wind, cold, hail, lightning, flash floods and other such phenomena; activities may take place in remote places, significantly delaying emergency medical care and evacuation.

Participant, and the parent or guardian of a minor participant, acknowledge and understands that the description of activities and risks above are not complete and that all of the activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonable without changing the nature of the activity. Participation in the activities can cause bites, stings, allergic reactions, overexertion, heat stroke, hypothermia, illness due to contaminated water, burns, cuts, bruises, strains, broken bones, and other injuries and illnesses. Property loss, serious injury, and death, including by falling and drowning are possible.

The Gorge Underground LLC has made no effort to determine, and accepts no responsibility for medical, physical or other qualifications or the suitability of participant, or other participants for the activities. Client and the parent or guardian of a minor participant accepts full responsibility for determining participant’s medical, physical, or other qualifications or suitability for participating in the activity. The Gorge Underground LLC is not responsible for the water conditions, routes or other activities of participants. Certain activities may be conducted by independent contractors hired by The Gorge Underground LLC. Alcohol and other substances may impair judgement(s) and reduce the participant’s ability to effectively manage the risks of water travel, and land activities; participants should inspect unfamiliar waters and other hazards before attempting to pass through or over them; participants should always wear a fastened life jacket (personal floatation device) when on the watercraft; participants should wear footwear which will provide protections from sharp objects, and which will minimize the risk of foot entrapment. Failure to adhere to these and other safety precautions may result in serious injury or death.

AGREEMENT OF RELEASE AND INDEMNIFICATION AND ADDITIONAL PROVISIONS: I, the undersigned, for myself and/or as parent or guardian of minor participant, on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY FOREVER RELEASE AND DISCHARGE The Gorge Underground LLC LLC, officers, staff, principals, directors, agents, and volunteers from any cause of action, claim, or demand of any nature whatsoever, including but not limited to a claim of NEGLIGENCE, which I, my heirs, representatives, executors, administrators, and assigns may now have, or in the future against The Gorge Underground LLC LLC., on any account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to my voluntary participation or my minor’s participation, whether supervised or unsupervised.

ADDITIONAL PROVISIONS: I authorize The Gorge Underground LLC to provide or obtain for me, or the minor child for whom I sign, such medical care as it considers necessary and appropriate, and I agree to pay all cost associated with such care and related transportation. Any dispute between The Gorge Underground LLC and me or the minor child for whom I sign will be governed by the substantive laws of the State of Kentucky (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in that State, in the County of Powell. If the dispute cannot be resolved by mutual agreement, I agree to submit it to a mediator recognized by the Courts of that State and County. I agree to pay all costs and attorney’s fees incurred by The Gorge Underground LLC in defending a claim or suit brought by me or by or on behalf of the minor for whom I sign, if the claim or suit is withdrawn or to the extent a court or mediator determines that The Gorge Underground LLC is not responsible for the claimed injury or loss.  

This Agreement is entered into voluntarily; its terms cannot be amended, except in writing. I understand that it is binding, to the tidiest extent allowed by law, upon all persons signing below, our respective heirs, executors, administrators, wards, minor children (whether or not they are clients) and other family members. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.  

VISITORS ACKNOWLEDGMENT OF RISKS: In consideration of the services of The Gorge Underground LLC, I agree to the following: • Although The Gorge Underground LLC has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, The Gorge Underground LLC has informed me this activity is not without risk. • I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks as listed in the Activities, Hazards and Risks sections of this document may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary and I elect to participate in spite of and with full knowledge of the inherent risks. • I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of The Gorge Underground LLC has been available to explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. • I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. • I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children. 

First Participant's Name

First Name*

Middle Name

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

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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

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

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

First Name*

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

Email
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A signed copy of this waiver will be sent to the email address you provide.
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*

Middle Name

Last Name*

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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