Terms of Service and Waiver of Liability
I acknowledge that participation in any activities and/or services associated with, or provided by, Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake, including, but not limited to, swimming, kayaking, canoeing, tubing, rock climbing, rappelling, hiking, backpacking, and/or caving are physically and mentally demanding and carry with them the potential for death, serious injury, and property loss.
The risks include, but are not limited to, those caused by fluctuating water levels, natural conditions, water current, terrain, temperature, weather, condition of the participant(s), equipment, actions of other person(s), including but not limited to participant(s), employee(s), guide(s), boater(s), group leader(s), and/or host(s) of any group outings or events. These risks are not only inherent to participants, but are also present for volunteers, employees, and guides.
I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activities and/or services. In consideration of my participation in activities and/or services associated with Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake, and, despite all known and unknown risks, I hereby expressly assume all risks associated with participation in the activities and/or services offered by Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake and voluntarily remise, release, acquit, and satisfy and forever discharge Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake, and their affiliates, directors, officers, members, employees, volunteers, representatives, and agents, and agree to hold each and all of them harmless for and from any and all manner of action(s) for any and all action(s) and/or omission(s).
I certify that I am physically and mentally fit for these activities and that I have not been advised otherwise. Further, I hereby, for myself, my executors, administrators, heirs, next of kin, successors, and assigns:
(A) Waive, release and discharge from any and all liability for my death, disability, personal injury, property damage, property theft, loss, or actions of any kind which may hereafter accrue to me, Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake and their affiliates, directors, officers, members, employees, volunteers, representatives, and agents.
(B) Indemnify and hold harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my action(s) and/or omission(s) during my participation in any activities and/or services.
(C) Any controversy between the parties hereto involving any claim or dispute arising out of any and all activities and/or services associated with, or provided by Etowah Adventure Company, LLC, Scott Dempsey, and/or Christopher Lake, and their affiliates, directors, officers, members, employees, volunteers, representatives, and agents, shall be submitted to and be settled by final and binding arbitration in Floyd County, Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.
This Release of Waiver lf Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read the entire document, that I understand the contents, and that I knowingly, freely and voluntarily agree thereto.
PARENT OR GUARDIANS FOR MINORS (UNDER 18 YEARS OF AGE) The undersigned parent and/or natural guardian or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
Terms of service: Etowah Adventure Company, LLC, reserves the right to refuse or terminate service to any customer or patron, at any time, for any reason. Etowah Adventure Company, LLC continues to promote a safe experience for all participants. Given that the activities available are potentially dangerous and include the risk of life and limb, individual attitudes are important. Should one of Etowah Adventure Company, LLC, guides, staff, or employees determine at any point that any participant has or may become a threat to themselves or those around them, they may be excluded from further participation in any activities immediately. Furthermore, any participant may be subject to fees to replace or repair equipment if it is determined that the equipment was damaged from intentional misuse or abuse.