Participant Waiver

 

I desire to participate in activities made available by MadCo Tubing, LLC and its agents, owners, officers, volunteers, participants, employees, and affiliates acting collectively as MadCo Tubing. I hereby agree to release and discharge MadCo Tubing, for myself, my minor children, my heirs, and my assigns as follows:

 

  1. I acknowledge that the acts of entering the water and tubing are inherently dangerous activities and that I am aware that they produce both known and unknown risks that could result in physical injury, paralysis, death, or damage or loss of personal property. I understand that such risks cannot be, and are not being eliminated. The tubing adventure is not a lazy river activity. I am voluntarily participating in an adventure with class 1-2 river rapids. It is possible that I will be jolted, bounced, jarred, tossed from the tube, scraped or banged on rocks or branches. Exposure to natural elements may be uncomfortable and/or harmful and could result in sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, hypothermia, and/or death.

  2. I further acknowledge that MadCo tubing is providing transportation in vehicles which inherently result in proximity and physical contact with others, travel on county roadways and rough terrain.

  3. MadCo Tubing personnel are not aware of my level of fitness or ability to engage in this adventure activity. They may misjudge the weather, elements, or terrain. They are not aware of the conditions beneath the water. They are unable to provide instructions and warnings as to all conditions that may arise. The equipment being used may malfunction.

  4. Weather conditions may change at any time. I may be caught in rain, thunder, lightening, high winds, or other weather conditions. MadCo tubing does not offer pick up services during the trip.

  5. I expressly accept and assume all of the risks existing in the activities facilitated by MadCo Tubing. My participation is completely voluntary and I am electing to participate despite all known and unknown risks. I am not relying on MadCo Tubing to provide warnings to me or to ensure my safety.

  6. I hereby waive and release any and all claims, demands, or causes of action which I may ever have against MadCoTubing, or any kind or nature, known or unknown, which are in any way connected with my participation in the activities provided by MadCo Tubing this includes but is not limited to transportation services, any action or inaction of MadCo Tubing, or my use of MadCo Tubing equipment, facilities, and services, whether caused by the negligence of MadCo Tubing or otherwise.

  7. I am adequately insured to cover any injury or damage I may cause or suffer, or else I agree to bear the full cost of any injury or damage that I may cause or suffer.

  8. I have no medical or physical condition that could interfere with my safety, the safety of others, or this activity or else I am willing to assume and bear all that may be caused directly or indirectly by any such condition.

  9. In the event that a dispute of any kind arises between me or my minor child(ren) and MadCo Tubing, the exclusive venue for any litigation shall be in Madison County, North Carolina. North Carolina law, without regard to conflicts of law principles, shall apply interpretation and enforcement of this agreement, and to any dispute with MadCo Tubing.

  10.  If any portion of this agreement is found to be void or unenforceable for any reason, all other portions shall remain in full force and effect.

  11. MadCo Tubing has not made any representations or promises to me to induce me to execute this agreement.

  12. No minor children under 42 inches in height may use MadCo Tubing’s equipment, services, or facilities.

  13. MadCo Tubing may present this agreement to me in electronic form. I agree that I may note my assent to this agreement for myself and for the minor child(ren) as applicable, through electronic means, such as e-signature or click-through, and that such electronic assent shall have the same force and effect as though I physically signed this agreement.

I am aware that the activity I am voluntarily participating in is inherently dangerous and that I could sustain injury, death, or exposure to communicable disease virus, bacteria, or illness. I am voluntarily participating in the activity with the knowledge of the danger involved and agree that this provision concerns a substantial right. I further agree to assume any and all risks of accidents, bodily injury, death or exposure to communicable disease virus, bacteria or property damage, whether those risks are known or unknown, and even if arising from the negligence of those persons released from liability below, with the exception of gross negligence or willful misconduct, and assume full responsibility for my participation.

 
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