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CONTRACT AND LIABILITY WAIVER
I am aware
that during the river or other activities such as hiking, caving,
mountain biking, etc, in which I am participating under the
arrangement of High Mountain Expeditions, its agents, employees and
associates, certain substantial risks and dangers may occur,
including, but not limited to, hazards of traveling on a raft,
canoe, or kayak in rough river conditions, hazards of walking on a
railroad tracks, hazards of jumping, diving, or being thrown into
unfamiliar water with submerged hazards, undercut rocks, and man
made hazards, contact with paddles, helmets, food boxes or other
containers, diseases from contaminated water, allergies from
cleaning agents, hazards of hiking, strains, fractures, partial
and/or total paralysis, death, accidents, drowning, loss or damage
to personal property, snake bites, illnesses, or injuries in remote
places without medical facilities, entrapment in caves, hazards of
entering and leaving the raft, hazards of loading or unloading
people or materials from vehicles, hazards of the force of nature,
travel by automobile, van, bus or other conveyance and consumption
of alcoholic beverages, if any and that these risks and dangers may
be caused by the negligence of the owners, employees, officers,
negligence of others, accidents, breaches of contract, the forces of
nature, or other causes. These risks and dangers may arise from
foreseeable or unforeseeable causes including that a guide may
misjudge terrain, weather, trail or river route location or water
level. Decisions by guides or company staff are part of the inherent
risk of rafting, hiking, caving, mountain biking, etc.
In consideration of and as part payment for the right to participate
in such river activities and the services, food and beverages, if
any arranged for me by High Mountain Expeditions, its agents,
employees and associates, I have and do hereby assume all of the
above risks and release, and will hold harmless, High Mountain
Expeditions, its agents, employees, associates or any other person
from any and all liability, actions, causes of actions, debts,
claims and demands of any kind and nature whatsoever which I now
have or which may arise out of or in connection with my trip or
participation in any of the related activities. I further give
permission for use or sale of any photograph or video showing me
without further compensation to me. The terms hereof shall serve as
a release, contract, indemnification (allowing collection of legal
fees from plaintiff), and assumption of risk for my heirs, executors
and administrators and for all members or the family, including any
minors accompanying me.
I certify that I will not hold High Mountain Expedition, its agents
or employees responsible for any harm occurring wholly or partially
as a result of any existing health problem including, but not
limited to, reaction to bee stings or the constriction of airway due
to cold water. If medical evacuation, including ambulance, hi-railer,
helicopter, due to existing medical conditions is arranged by high
Mountain Expeditions, I agree to reimburse High Mountain Expeditions
for any charges. I specifically understand that I am releasing,
discharging, and waiving any claims or actions that I may have
presently or in the future for the negligent acts or other conduct
by the owners, agents, officers or employees of High Mountain
Expeditions.
The verse of any dispute that may arise out of the agreement or
otherwise between parties to which High Mountain Expeditions or its
agents is a party shall be either the Watauga County Superior Court
or the Federal District Court in Statesville, N.C. If any portion of
this release is found to be invalid, the reminder shall remain in
force.
I HAVE READ THE ABOVE WAIVER AND RELEASE/CONTRACT AND BY SIGNING IT
AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE HIGH MOUNTAIN
EXPEDITIONS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR
WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
HAVE YOU RAFTED BEFORE?____YES _____NO HIGH MOUNTAIN DOES NOT CARRY
MEDICAL INSURANCE __________(INITIALS)
_____________________________________________________________
Signature of Participant (All Participants, Including Minors, Must
Sign Here)
________________________________________
Signature of Both Parents or Guardians for Minor |
Contract
and Liability Waiver
High
Mountain Expeditions, P.O. Box 1299, Blowing Rock, NC 28605
(Print this form, fill it out, sign it and either mail it...
and your payment, or you can FAX it to 1-828-295-4437)
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