Download Report

WAIVER AND RELEASE OF LIABILITY
ln consideration of being allowed to participate in any way in the activities and programs of Huzzah Valley Resort, dlbla Huzzah
Valley Stables, lnc., including canoeing, boating, rafting, floating, camping, lodging, meals, food services, and other related
activities, l, the undersigned, acknowledge and agree as follows:
1.
I understand that the above activities, and other related ac{ivities, carry substantial risks and dengers, and that I can receive personal
injuries, fatal injuries and/or property damage.
2.
I understand that the dangers may include, but arc not limited to, the following:
hazards of traveling on a canoe, raft, kayak, or other devices used for floating, in nomal, rough or flooded river conditions;
hazards of jumping, diving, or being thrown into unfamiliarwaterwith submerged hazards, underq,tt rocks and logs, rocks and
".
r
.
.
r
r
.
.
.
.
.
.
'.
r
.
.
.
manmade hazards;
hazards of being pinned against trees, rocks, roots, or other objects;
contact with paddles, helmets, other guests, food boxes, coolers, or other containers;
hazards of walking, riding, biking or horseback riding in rough tenain;
strains or sprains; fractures or punctures; partial and/or total paralysis; death; drowningi
accidents; loss or damage to personal property; slips and falls;
snake biles, insec{ bites, bee stings, and allergic rcactions to plants suctr as poison ivy;
illnesses or injuries in remote places without medical facilities;
failure or lack of communication equipment;
entrapment in caves; falls or jumps from manmade and natural diffs or bluffs;
hazards of entering and leaving the canoe, boat, raft or other floatation device;
hazards of loading or unloading people or materials [rom vehicles:
hazards of the forces of nature, induding wind and lightning;
falling limbs or trees;
problems or hazards related to travel by automobiles, bus, AW, or any other conveyance;
eye injuries including blindness;
heat stroke;
problems or hazards related to consumption of alcoholic beverages or controlled substiances by myself or others.
3.
I fully understand and acknoWedge that all of the risks and dangers involved in my activities while at Huzzah Valley Resort, including
the above risks and dangers, may be caused by the negligence of Huzzah Valley Resort, its employees, officers, and agents, or it may be
caused by the negligence of other participanB, accidents, breaches of contracl, the forces of natu,E or other causes and that these risks
and dangers may arise fom foreseeable and unforeseeable causes.
4.
BY MY PARTICIPATION IN AilY ACTIVITTES AND'OR USE OF EQUIPMENT, I KNOVYINGLY IXO FREELY ASSUIIE ALL RISKS
KNOVT'N AND UNKNOWN, EVEN IF ARISING FROiI THE NEGLIGENCE OF HUZZAH VALLEY RESORT, OR OTHERS, AND
ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN ANY ACNV|TIES PROVIDED BY HUZZAH VALLEY RESORT.
5.
I
willingly agree to comply with the terms and conditions for partidpation in any ac{ivity or service provided by Huzzah Valley Resort. lf
I observe any unusual significant hazard during my prcsence or participation, I will remove myself from partidpation and immediably
bring same to the attention of the neaest agent or employee of Huzzah Valley Resort.
6.
By participating in, or attending, any activity or servico provided Huzah Valley Resort, whether on or ofithe premises, I consentto the
use of any photographs, pictures, film, or videotape taken of me or provided by me for publicity, promotion, television, vriebsites or any
other use, and expressly waivc any right of privacy, compensation, copyright or other ownership right connected to same.
7.
I acknowtedge that the use of alcohol or the use of any controlled substance or illegal substance, may affect the skill, knowledge and
physicat requiremenb of any activity in which I am participating and may inoease the risk of property damage, personal injury, or death.
8.
l, on behalf of myself, my personal representatives, my heirs. assigns, next-of{<in, and any minor children forwhich I am responsible,
hereby rclease, indemnlfy, hold harmless, discharge and deftnd !{uzaft Valley Resort db/a Huzzah Valley Stables, lnc., its
officers, owners, agents, and employees, and all owners of any premises or real propefi wtrerc any aclivities may occur, and any
sponsor of any events of any type, kind and description, from any and all clalms, acffons, eults, debb, liabilities, ludgments'
dernands and liability arising out of or related to any iniury disability, deat{r, or property damage I may suffer, or loss of damage
to person or property, whether arising from the negligenee ot Huzzah
9.
Valley Reso( or othetwise.
specificalty underctand that I am rcleasing, discharging and waiving any claims or actions that I may have presently' or in the
future, for the negtigent acts or otfrer conduct by the ownen3, agenE, officen or employees of Huzzah Valley Resort, for
penronal injury, property dsmage orwrongfrrl death.
I
t HAVE READ THIS RELEASE OF LIABILTTY AND FULLY UNDERSTAND ITS TERTIiS AND I UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNTNG IT AND I $tGN IT FREELY AND VOLUNTARILYWTHOUT ANY INDUCEMENT OR GOERCION;
AND THAT I RELEASE, HOLD HARMLESS AND INDEMNIFY HUTZAH VALLEY RESORT FROM ANY LIABILITY FOR PERSONAL
INJURY, PROPERTY DAMAGE OR DEATH TO MYSELF OR ANY MINOR CHILDREN FORWHICH I AM RESPONSIBLE.
WARNINGI t Under Missouri Law, an outfitter is not liable br an injury to or the death of
a participant in the paddlesport activitiesresulting ftom the inherent risks of paddlesport
statutes of Missouri! RSMO 537.327