PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, and INDEMNITY AGREEMENTY
The River Travel Company, Inc., d/b/a Kern River Outfitters.
Because river trips involve risks, we recommend that you supplement your own insurance policies with vacation insurance. Cancellations made within 14 days of a trip departure date are non-refundable.
In consideration of the services of The River Travel Company, Inc., d/b/a Kern River Outfitters and their agents, owners, stockholders, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, I, the undersigned, acknowledge and agree that:
The risks from the activities involved in this trip are significant. These risks include, but are not limited to, loss of or damage to personal property (including personal vehicles and their contents parked or shuttled while on the trip), injury or fatality due to capsize or collision of boat, injury or fatality while riding in a bus or shuttle vehicle, air loss from boats, falling out of a boat, collision with a vehicle, vessel, rock, log or tree, immersion in water and hypothermia, falling while aboard a vessel or on shore, ankle or knee injury from use of footcups, errors in food or water storage or preparation, accident or illness in remote places without medical facilities or personnel, water damage to personal property, encounters with animals, insects and wildlife and exposure to temperature extremes or inclement weather. I also understand and acknowledge that failing to use or properly use safety type equipment such as personal flotation devices or helmets increases my risk of injury or of not surviving an accident or incident while rafting.
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RIVER TRAVEL COMPANY, INC OR OTHERS, TO THE FULLEST EXTENT PERMITTED BY LAW. I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THIS TRIP. Furthermore, should emergency rescue, medical services or evacuation become necessary, the expenses are my responsibility and not that of The River Travel Company, Inc.
I, for myself and on behalf of my parents, my heirs, assigns, personal representatives and estate HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RIVER TRAVEL COMPANY, INC., their agents, owners, stockholders, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RIVER TRAVEL COMPANY, Inc. OR OTHERWISE, to the fullest extent permitted by law. I also here by agree that The River Travel Company, Inc. may use film or photographic records of this trip for its promotional purposes. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily. The venue of any dispute that may arise out of this agreement or otherwise between parties, to which The River Travel Company, Inc., or its agents is a party, shall be Kern County, California.