Must be completed by all Legal Adults and on behalf of minors
In consideration of the services of The Kern River Company, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge The Kern River Company, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that outdoor adventure based activities such as rock climbing, ropes courses, mountain biking and kayaking on a river or a lake 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: slipping and falling, falling objects, water hazards and accidental drowning, exhaustion, exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites and hazardous plant life, equipment failure and improper lifting or carrying.
Furthermore, The Kern River Company. employees 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.
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.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless The Kern River Company. 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 The Kern River Company's equipment or facilities, including any such claims which allege negligent acts or omissions of The Kern River Company.
Should The Kern River Company. 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.
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.
In the event that I file a lawsuit against The Kern River Company, I agree to do so solely in the state of California, and I further agree that the substantive law of California 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.
Because river trips involve risks, we recommend that guests supplement their own insurance policies with travel insurance.
In the event you must cancel your reservation, try to find someone to take your place.
Cancellations made within 48 hours of a trip departure date are nonrefundable.
By participating in or attending any activity in connection with the program, whether on or off the premises, I consent to the use of any print or digital photographs, pictures, film, or videotape taken of me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright or ownership right connected to same. I consent to the use of email for double opt-in subscription.
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 against The Kern River Company. on the basis of any claim from which I have released them herein. 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.
By signing this document, you are consenting to the use of your electronic signature in lieu of an original signature on paper.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.