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AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully.

It releases ROCKY ROAD INVESTMENTS, LLC from liability and waives certain rights.

In consideration of being permitted to participate in aerial activities with ROCKY ROAD INVESTMENTS, LLC d/b/a Cool River Adventures (“Cool River Adventures”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in aerial activities which experience may entail various activities including climbing, adventure courses, aerial bridges, and ziplining by or with Cool River Adventures (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by Cool River Adventures, the presence of which are integral to the adventurous nature of the Activity. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below: a) Risks associated with climbing, adventure courses, aerial bridges, and ziplines, including: exposure to heights; exposure to falls, including from great height; dizziness and/or vertigo; striking or otherwise coming into injurious contact with manmade or natural objects or obstacles; injurious contact with landing areas; collisions with trees; collisions with other participants; manmade structure malfunction or failure; equipment malfunction or failure including failure of belay devices, braking devices, and lowering devices; falling manmade or natural objects; unsafe speed of travel for conditions or experience; pinching or tearing of limbs and digits; injury to hands and fingers; rope, webbing, or cable burns; rashes and abrasions from harnesses, helmets, and climbing surfaces; severed rope, webbing, or cables due to falling objects or malfunction; lack of or inadequate shelter; errors in staff or guide judgment and/or lapse in staff or guide skill; slipping, tripping, or falling; trail obstructions and other unmarked or obscured hazards in the outdoor environment; variations in terrain; wet or slippery boardwalks, platforms, decks, course elements, bridges or other surfaces; exposure to steep terrain; injury resulting from jumping from heights; injury caused by inadequate footwear; injuries caused by aiding other participants; b) General risks associated with being in an outdoor recreation setting with other participants, and relying upon staff or guides including: exposure to various dangerous or diseased wildlife or insects, including bee, wasp, or scorpion stings, tick bites, bat bites, snake bites and venomous reptile bites; exposure to potentially poisonous plants; falling trees; flooding river; temperature fluctuations; extreme or partial darkness; wind; fog; rain; sleet; hail; storms and lightning; tornados; earthquakes; wildfire; exposure to allergens, including food allergens; mental or physical shock; burns or burning associated with hot surfaces and sun exposure; the discharge of weapons in the area of Activity; mentally or physically unstable or criminal participants or others; intoxicated participants; negligence by other participants; all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal injury, sickness or disease; fatigue; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; exacerbation of Participant’s own health condition(s); sunburn, heatstroke, dehydration, hyponatremia; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that Cool River Adventures has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.

I Agree

2. Acknowledgement of Limitations of Equipment: I acknowledge and agree that any and all equipment provided by Cool River Adventures may malfunction, fail, not fit properly, or otherwise not function as intended. I agree that if I do not understand how to use/operate the equipment utilized for the Activity, I will request instruction. I acknowledge and agree that although safety equipment may be provided, this equipment is no guarantee of my safety, and such equipment may not protect me from all injuries, including the types of injuries the equipment was designed to prevent. I acknowledge and agree that Cool River Adventures explicitly requires that I wear a helmet to participate in climbing, adventure courses, aerial bridges, and zipline activities; and I understand that wearing a helmet may not protect me from serious injury or death.

I Agree

3. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.

I Agree

4. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow staff and guide instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Cool River Adventures the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that I am responsible for truthfully disclosing and notifying Cool River Adventures of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by Cool River Adventures, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.

I Agree

5. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Cool River Adventures’ agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE ROCKY ROAD INVESTMENTS, LLC; COOL RIVER TUBING COMPANY, INC.; affiliated companies and subsidiaries, or any respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, managers, or shareholders (each hereinafter a “Released Party”) for any property damage or loss (including but not limited to equipment damage or loss), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage or loss to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).

I Agree

6. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned Participant will be required to pay back to the Released Party or Parties all sums of money incurred by or paid by or on behalf of any of the Released Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.

I Agree

7. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.

I Agree

8. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activities and sign this document out of a desire to have the Participant be allowed to participate in the Activities. I represent that I am a legal parent or guardian of the minor Participant.

I Agree

9. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.

I Agree

10. Agreement to Binding Arbitration: I agree that I shall promptly attempt in good faith to resolve any dispute arising out of or relating to this Agreement, and in the normal course of business, by negotiation, verbally or in writing. Either party may give the other party written notice within ten (10) days of the issuance of a notice of dispute that any such dispute has not been resolved in the normal course of business. Any and all disputes, claims or controversies arising out of or relating to this Agreement which shall not be resolved by negotiation as set forth above shall be submitted to arbitration by an experienced arbitrator mutually selected by the parties. The prevailing party shall be entitled to reasonable and necessary attorney’s fees and all reasonable and necessary costs including travel, expert fees, demonstratives, media consultants, or the like, subject to the sole discretion of the arbitrator. Fees shall bear a reasonable relationship to the amount in controversy. THIS AGREEMENT IS ACKNOWLEDGING AND HEREBY WAIVING ANY RIGHT TO A TRIAL BY JURY AND/OR ANY OTHER APPELLATE SYSTEM OF REVIEW.

I Agree

11. Agreement to Application of Georgia Law and Selection of Forum: To the extent that paragraph 10, above, is not enforceable, as a matter of law, and only in such event, I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Georgia law, and that the exclusive jurisdiction for any claim shall be in the Superior Court of White County, Georgia without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.

I Agree

12. Miscellaneous Provisions: I agree that Cool River Adventures may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of Cool River Adventures. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.

I Agree

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

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

First Name*

Middle Name

Last Name*
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

First Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

Email*

Confirm Email*
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Particpant Information

Weight *

Height *

Medical Conditions
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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