Waiver and Release Agreement
Please read carefully before signing
This is a release of liability and waiver of certain rights
In consideration for my being permitted to participate in the activities of ZOLLER'S OUTDOOR ODYSSEYS, INC., I agree to the following Waiver and Release:
I acknowledge that rafting has inherent risks, hazard, and dangers that cannot
be eliminated, particularly in a wilderness environment. I UNDERSTAND THAT THESE
RISKS, HAZARD, AND DANGER INCLUDE WITHOUT LIMITATIONS:
1. Water hazards in boating and wading in the rivers including drowning;
2. Hiking in rugged country;
3. Injuries from rafting equipment and other participants;
4. Temperature extremes;
5. Inclement weather condition and unavailability of immediate medical attention
in the wilderness in case of injury.
I understand the risks, hazards, and dangers of rafting and have had the opportunity
to discuss them with ZOLLER'S OUTDOOR ODYSSEYS, INC.. I understand that these
activities may require good physical conditioning and a degree of skill and
knowledge. I believe I have that good physical conditioning and the degree of
skill and knowledge necessary for me to engage in these activities safely. I
understand that I have responsibilities. My participation in this activity is
purely voluntary. No one is forcing me to participate and I elect to participate
in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF ZOLLER'S OUTDOOR
ODYSSEYS, INC. WITH THE FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS
INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS,
OR DEATH.
Lastly, I, for myself, my heirs, successors, executors, and subrogees, hereby
KNOWINGLY AND INTENTIONALLY WAIVE, AND RELEASE, INDEMNIFY AND HOLD HARMLESS
ZOLLER'S OUTDOOR ODYSSEYS, INC., their directors, officers, agents, employees,
and volunteers from and against any and all claims, actions, causes of action,
liabilities, suits, expenses (including reasonable attorney's fees) which are
related to, arise out of, or are in any way connected with participation in
this activity including, but not limited to , NEGLIGENCE of any kind or nature,
whether foreseen or unforeseen, arising directly or indirectly out of any damage,
loss, injury, paralysis, or death to my or my property as a result of my engaging
in these activities or the use of these services, or equipment, whether such
damage, loss, injury, paralysis, or dither results from negligence of ZOLLER'S
OUTDOOR ODYSSEYS, INC. or from some other cause. I, for my heirs, successors,
my executors, subrogees, and myself further agree not so sue ZOLLER'S OUTDOOR
ODYSSEYS, INC. as a result of and injury, paralysis, or death suffered in connection
with my use and participation in the activities of ZOLLER'S OUTDOOR ODYSSEYS,
INC.. I also grant ZOLLER'S OUTDOOR ODYSSEYS, INC., permission to photograph
this rafting activity; I UNDERSTAND THAT THESE PHOTOGRAPHS MAY BE AVAILABLE
TO PURCHASES AS WELL AS USED IN PROMOTIONAL ENDEAVORS. This Agreement shall
be governed by and construed in accordance with the laws of the State of Washington
and venue of any action relating to this release shall be in Klickitat County,
Washington.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER
AND RELEASE AGREEMENT.
Signature:_________________________________ Date: _________________________________
Print Name:________________________________
Mailing Address:____________________________ City State Zip:__________________________
Phone:____________________________________ E-mail:________________________________