WAIVER AND ASSUMPTION OF RISK AGREEMENT
**READ BEFORE SIGNING**
Organization: Outback Guide Service LLC
For consideration received in the form of participation in Outback Guide Service LLC tours, related events and activities, I am aware of, and fully understand and agree to the following:
1. The north Georgia mountains and surrounding areas represent a potentially dangerous natural environment. This includes roadways, trails waterways and un-manicured natural areas, local plant life and wild animals native to the area, exposure to which may result in disease, serious injury or death. This activity also requires low to high levels of physical exertion which may also result in injury or death for those who are not in adequate physical condition to withstand such exertion. This activity takes place in remote areas where emergency services may not be readily available and the environment may hamper attempts to assist and/or rescue those who have been injured and such delays may result in further injury or death. There may be other risks that have not been specifically listed here but are no less dangerous.
2. I hereby acknowledge that I fully understand and appreciate that undertaking this activity may result in injury and even death due to the risks inherent in this activity, and I hereby voluntarily assume all risks, known and unknown, associated with this activity including those arising from the actions, failures to act, errors or negligence of others and do hereby waive any legal claim and assume full responsibility for my participation.
3. I hereby confirm that I am in adequate physical condition to meet the physical challenges of participation in this activity.
4. I hereby confirm that any questions or concerns I have about potential dangers and risks inherent to this activity have been fully addressed and answered to my satisfaction.
5. I understand that no drugs or alcohol are permitted on the tours and that use of drugs or alcohol while on the tour will be grounds for immediate termination of the excursion for the myself and others in my group.
6. If I observe any unusual, hazardous or dangerous conditions, whether related to plant life, wild animals or others, I will immediately advise my guide that such conditions exist.
7. I, for my behalf, and on behalf of my heirs, representatives and next of kin, hereby unconditionally and fully release, indemnify and hold harmless “Outback Guide Service”, its owners, associates, other participants, sponsors, advertisers, agents, assigns, heirs and representatives (hereinafter Releasees) and do hereby waive any and all claims, demands, actions, causes of actions and suits in equity of whatever kind of nature, damages, losses and liabilities arising out of or related to any personal injury, disability or death I may suffer, or loss or damage to personal property, which may have arisen from any negligence whatsoever on the part of the releases, including guide error, whether before or after such incident unless a court of competent jurisdiction determines that the Releasees have been grossly negligent or have intentionally committed willful misconduct.
8. In the event that gross negligence or willful misconduct is found against the Releasees by a court of competent jurisdiction, total liability shall, nonetheless be limited to respective amounts paid by the participants to participate in the tour and related activities. Parents of minors on whose behalf claims have been brought, agree to indemnify releases for all damages awarded, and all attorney and legal fees incurred to defend against such claim.
9. In the event that any provisions of this agreement conflicts the law under which this agreement is to be construed of if any such provision is held invalid by a competent authority, such provision shall be deemed to be restated to reflect as near as possible the original intentions of the parties in accordance with applicable law. The remainder of this agreement shall remain in full force and effect.
WAIVER AND ASSUMPTION OF RISK AGREEMENT
OUTBACK GUIDE SERVICE LLC
I have had adequate opportunity to read this “Waiver and Assumption of Risk” agreement carefully and have done so. I understand that by its terms and conditions I am giving up substantial legal rights should I sustain personal injury or death and sign it freely and voluntarily without any inducement.
I hereby declare that I am over eighteen years of age and I fully understand that by completing the fields below that I am entering into a legally binding agreement.
First Name: ___________________________ Last Name: ___________________________________
For parents and legal guardians of minor participants (under the age of 18 at the time of registration):
You must sign the “Waiver and Assumption of Risk” agreement on behalf of each minor participant for which you are responsible.
In addition, please have the minor participant read and sign the above acknowledgement of risk form:
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns and next of kin, I release and agree to indemnify and hold harmless the releases from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above to the fullest extent permitted by law.
Child’s First Name:__________________________ Child’s Last Name:_________________________
Child’s Address: _____________________________________________________________________
Guardian’s Signature: ____________________________________________Date:_________________
Child’s Signature: ____________________________________________________________________