Participants in our instruction, guided river trip, and canoe/kayak rental programs are required to sign the following Participant Agreement. The agreement may not be modified or amended. Upon registration, a copy of the agreement will be emailed to participants in instruction and trip programs, along with payment confirmation and event information. In general, rental customers will receive the form to sign along with the rental agreement and credit card slip when equipment is picked up or delivered. Please call us if you have any questions.
White Water Learning Center of Georgia, Inc. Participant Agreement
IMPORTANT.
READ CAREFULLY. This document affects your legal rights. It must be signed
by you, the "Participant", whether you are an adult or minor, if you
are renting or otherwise using equipment or participating in paddlesports
and related activities offered by White Water Learning Center of Georgia, Inc.
(“WWLC”), a Georgia corporation, referred to hereinafter as
"Provider”. It must also be signed by your parent or guardian if
you are a minor Participant under 18 years of age. The parent or guardian agrees
to these terms individually and on behalf of the minor. Only a parent or
legally appointed guardian may sign for a minor Participant. References in
this agreement to "I" include all who sign below unless otherwise
clearly indicated.
Acknowledgement
& Assumption of Risk and Responsibility, Release of Liability and
Indemnification
In
consideration of the opportunity to rent or otherwise use canoeing and kayaking
equipment and/or participate in paddlesports and related activities offered by
Provider, Participant (adult or minor), and the parent or guardian of a minor
Participant, understand, acknowledge and agree as follows:
Activities,
Hazards, Risks and Responsibilities
The services of Provider may include renting canoeing and kayaking
equipment, providing canoeing and kayaking instruction, and providing guided and
unguided whitewater canoeing and kayaking trips. Activities associated with
these services may include swimming, wading, hiking, climbing on rocks and
slopes, camping, carrying equipment and traveling to and from the activity
sites.
Canoeing,
kayaking and associated activities may be dangerous and may include hazards and
risks that are inherent and cannot be reasonably avoided without changing the
nature of the activity. Hazards and risks include but are not limited to: deep
and cold water and water that may have waves, rapids, currents, hydraulics and
obstructions such as rocks, trees and debris; steep, slippery and unstable
terrain; weather that may expose participants to sun, cold, wind, rain, hail,
lightning and flash floods; waterborne pathogens; animals (including venomous
snakes); poisonous plants; public and private construction, including dams and
bridges and other facilities and premises. Watercraft may overturn and swamp and may become lodged against or under
obstructions; feet and other parts of the body may become entrapped in or under
rocks and other
objects; participants may strike or be struck by objects, other watercraft, and
other persons, in and outside of the watercraft. Equipment may fail due to misuse,
damage, or manufacturing defects.
Certain activities may be instructional and designed to extend the skills of
participants. Activities may take place in remote places, significantly delaying
emergency medical care and evacuation. Collisions and accidents may occur while
traveling by vehicle to and from the activities. Other risks
include errors in judgment of Provider’s owners, staff and agents and other
participants, including the improper assessment of capabilities and conditions
pertaining to the activities, and the actions and inactions of such persons, who
may be negligent. This list is incomplete. There may be other known and unknown
risks.
While
engaged in paddlesports-related activities, Participant may suffer property
losses and serious bodily injuries and illnesses due to trauma (including
wounds, bleeding, sprains, dislocations, fractures and concussions), the
environment (including drowning, hypothermia, heat problems, lightning, bites
and stings) and medical ailments (including allergic reactions, infections, and
heart attacks) among other causes. These
may lead to permanent disability and death and severe economic and social
losses.
Provider
makes no effort to determine, and accepts no responsibility for, medical,
physical or other qualifications or the suitability of Participant, or other
participants, for the activities. Participant, and the parent or guardian
of a minor Participant, accepts full responsibility for determining
Participant's medical, physical or other qualifications or suitability for
participating in the activities. The purpose of any medical information provided
by Participant is to help rescuers and medical personnel assist Participant in
the event of first aid or medical emergencies.
Participant
may assist others to the best of his/her ability if they appear to need
assistance, but only if Participant can do so, in his/her judgment, without
endangering himself/herself. Others, including the Provider’s owners and
employees, may assist Participant if needed but only if they can do so, in their
judgment, without endangering themselves.
Certain
activities may be conducted by independent contractors hired by Provider.
These contractors are not trained or supervised by Provider and Provider has no
control over them and accepts no responsibility for their conduct.
Provider is not responsible for evaluating the
qualifications of a renter of its equipment or members of a renter’s party,
the conditions on the waterways that a renter plans to use or the particular
activities a renter plans to engage in. Participant
agrees to follow safety procedures as instructed by Provider’s staff, obey all
government laws and regulations and follow guidelines published in the American
Whitewater Safety Code; wear appropriate protective footwear and clothing; wear
a securely-fastened USCG-approved personal floatation device (life jacket) and,
if whitewater kayaking, a helmet. Participant will not engage in paddlesports
activities if he is under the influence of alcohol or drugs or is otherwise
physically or mentally impaired.
Acknowledgment and Assumption of Risks and Responsibility
I,
the Participant (adult or minor) and the parent or guardian of a minor
Participant, understand the nature of the services of Provider and other
activities that may occur, and their risks. I acknowledge and expressly
assume all risks of the activities, whether or not described above, known or
unknown, and inherent or otherwise. I take full responsibility for any
injury or loss, including death, which I, or a minor child for whom I sign, may
suffer, arising in whole or part out of such activities.
Agreements of Release and Indemnification
If I
am an adult participant, or the parent or guardian of a minor participant, I
agree, for myself and on behalf of the minor participant for whom I am signing,
as follows:
I release Provider, it's owners, employees, contractors, agents,
and volunteers ("Released Parties") from any and all claims of injury
or loss which I, or the minor child for whom I sign, may suffer, arising
out of or in any way related to my, or the child's, enrollment in or
participation in the activities of Provider or the use of its equipment.
Neither I, the minor child, nor anyone acting on our behalf, will bring suit or
otherwise assert any such claims against a Released Party.
I will indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys' fees) each Released Party from any claim of liability, including one brought by or for a minor child for whom I sign, a co-participant in any of the activities of Provider, a rescuer, a member of my, or the minor child's, family, or anyone else, asserting a loss arising out of or in any way related to my, or the child's, enrollment in or participation in the activities of Provider or the use of its equipment.
The agreements of release and indemnification above include claims arising in whole or in part from negligent acts or omissions (except willful or wanton negligence or misconduct) of Released Parties or any of them, and all other claims, including for personal injury, wrongful death, property damage, loss of income, loss of consortium, product liability, breach of contract or warranty, or otherwise. The agreements are intended to be enforced to the fullest extent allowed by law, and to be binding on me as Participant and on me as parent or guardian of a minor Participant, individually and on behalf of the minor for whom I sign. Before my child signed this agreement, I read and understood it and explained its provisions to him/her.
Additional
Provisions
I authorize Provider to provide or obtain for me, or the minor child for whom I sign, such first aid and medical care as it considers necessary and appropriate, and I agree to pay directly for or reimburse WWLC for all costs associated with such care and related transportation. If I carry primary medical, hospitalization, and accident insurance, I authorize the following information to be given to ambulance services, physicians and/or hospitals upon request.
Insurance Co. ___________________ Group # ____________ ID # _________________ Verification # ( ) ____ -- _______
Provider
may use photos or videos of me or my child for promotional and other commercial
purposes.
Any
dispute between Provider and me or the minor child for whom I sign will be governed
by the substantive laws of the State of Georgia (not including laws which
might apply the laws of another jurisdiction), and any mediation or suit shall
take place only in that State, in the County of Fulton. I agree to pay all costs
and attorney's fees incurred by Provider in defending a claim or suit brought by
me or by or on behalf of the minor for whom I sign, if the claim or suit is
withdrawn or to the extent a court or mediator determines that Provider is not
responsible for the claimed injury or loss.
I
have read and understood the above agreement, entered into voluntarily and after
careful consideration, and knowingly give up substantial rights.
I understand that its terms cannot be amended except in writing and that it is
binding, to the fullest extent allowed by law, upon all persons signing below,
our respective heirs, executors, administrators, wards, minor children (whether
or not they are Participants) and other family members. If a Court or other
appropriate authority finds any part of this agreement to be invalid, the
remainder of the agreement shall nevertheless be in full force and effect.
______________________________
_____________________________
_____________________________
Signature of Participant
(adult or minor) Signature
of Parent or Guardian #1
Signature of Parent or Guardian #2
______________________________
_____________________________
_____________________________
______________________________
_____________________________
____________________________
Street Address
Street Address
Street Address
______________________________
_____________________________
_____________________________
City, State, ZIP Code
City, State, ZIP Code
City, State, ZIP Code
_____________ ______________ _____________ _____________
Date Date of Birth Date Date
