Downriver Adventure Company Combined Participant Release, Waiver of Liability, and Indemnity Agreement
For the purposes of this agreement, “The Companies” refers to Downriver Canoe Company, Downriver Adventure Company LLC, Adventure Enablers LLC, and their
respective directors, oƯicers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors,
and assigns (hereinafter collectively referred to as “the Releasees”).
Definition of Activities
In this Release Agreement, “Activities” includes all events, services, and experiences organized, sponsored, or authorized by the Releasees, including but not
limited to biking, electric biking, paddling, canoeing, kayaking, tubing, equipment rental, orientation sessions, training courses, transportation, camping, hiking,
climbing, accommodations, and related activities, events, and services.
Acknowledgment of Risks
I understand and acknowledge that participation in Activities involves inherent risks, hazards, and dangers, including but not limited to:
 Equipment Risks: Failure or improper use of rented or provided equipment.
 Environmental Hazards: Variability of terrain, rocks, water currents, debris, and other natural or man-made obstacles.
 Weather Conditions: Exposure to changing weather, temperature extremes, sun, rain, and wind.
 Wildlife and Human Interactions: Contact with wild or domestic animals; collisions with other participants, vehicles, or objects; separation from the
group.
 Physical Risks: Physical exertion leading to exhaustion or injury; accidents causing personal injury, illness, property damage, or death.
 River-Specific Hazards: Walking or climbing along riverbanks, diving or jumping into the river, entering or exiting watercraft, falling out of watercraft,
becoming entangled or pinned against natural or man-made objects.
 Negligence: Including negligence of other participants, Releasees, equipment manufacturers, or service providers.
I acknowledge that these risks may result in injury, illness, or death, and by signing this waiver, I voluntarily accept all risks associated with participation in
the Activities. I certify that I, my family, and any minor children under my care are in good physical condition and fully capable of participating in these Activities.
Release of Liability, Waiver of Claims, and Indemnity Agreement
In consideration of the Releasees permitting my participation in the Activities and use of equipment, I agree as follows:
1. Release and Waiver: I waive any and all claims against the Releasees, their agents, and equipment providers. I release the Releasees from all liability for
injury, death, damage, or loss sustained by me as a result of participation, including due to negligence or breach of contract by the Releasees, except in
cases of gross negligence or intentional misconduct.
2. Indemnity: I agree to hold harmless and indemnify the Releasees for any damage, injury, or loss caused to third parties arising from my participation in
the Activities or use of equipment. Should the Releasees successfully defend against any legal action brought by myself, my heirs, executors, or family
members on my behalf, I agree to cover the Releasees’ legal costs and attorney fees.
3. Equipment Responsibility: I accept full responsibility for equipment provided by the Releasees and agree to pay for any damages, repairs, or
replacement costs due to loss, theft, or damage during my use.
4. Compliance with Rules: I agree to abide by all safety instructions, rules, and regulations provided by the Releasees. I acknowledge that I have been
advised to wear protective equipment, including helmets, and to comply with all relevant traƯic regulations.
5. Prohibition of Substances: I agree not to consume illegal substances or excessive alcohol before or during the Activities. I understand that any violation
of this agreement may result in immediate removal from the activity without a refund.
6. Image and Media Release: I authorize the Releasees to capture and use photographs, video, or other media of my participation for promotional,
marketing, or advertising purposes without compensation. I understand that I may request to opt-out of media usage by notifying the Releasees in
writing.
7. Medical Treatment Authorization: In the event of an emergency, I authorize the Releasees to obtain or provide medical care on my behalf if I am unable
to do so, and I accept full financial responsibility for any associated costs.
Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, and any disputes shall be resolved exclusively
in the courts of Warren County, Virginia.
Severability
If any part of this agreement is found to be invalid or unenforceable, the remaining sections shall continue in full force and eƯect.
Acknowledgment
By signing this Release Agreement, I confirm that I have read and understood its terms, that I am aware I am waiving certain legal rights, and that I enter into this
Agreement voluntarily. I acknowledge that no oral representations, statements, or inducements apart from this written Agreement have been made to encourage
my participation.
I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT