Rockin’ R River Rentals — Release of Liability, Waiver of Claims, Assumption of Risk & Indemnity Agreement
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT YOU GIVE UP CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of being permitted to participate in river tubing, kayaking, rafting, and related water and shuttle activities (collectively, the “Activities”) provided by Rockin’ R River Rentals, its owners, officers, employees, agents, and affiliates (collectively, “Rockin’ R”), I acknowledge and agree to the following:
1. Assumption of Risk
I understand that the Activities involve inherent and other risks, including but not limited to: moving water and currents, drowning, slips and falls, collisions with rocks, debris, or other persons, changing weather and water conditions, sun and heat exposure, equipment failure, and the actions of other participants. I knowingly and voluntarily assume all such risks, both known and unknown, and accept full responsibility for any resulting injury, illness, death, or property damage.
2. Release and Waiver of Claims
To the fullest extent permitted by law, I hereby release, waive, and discharge Rockin’ R from any and all claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death sustained while participating in the Activities, including claims based on the negligence of Rockin’ R.
3. Indemnification
I agree to indemnify and hold harmless Rockin’ R from any loss, liability, damage, or cost, including attorneys’ fees, that it may incur arising out of my participation in the Activities or my breach of this Agreement.
4. Rules and Safety
I agree to follow all posted rules, verbal instructions, and safety guidelines, to wear a personal flotation device where required, and to refrain from participating while impaired by alcohol or drugs. I confirm I am physically able to participate in the Activities.
5. Minors
If I am signing on behalf of a minor, I represent that I am the parent or legal guardian of that minor, that I have the authority to sign on their behalf, and that this Agreement binds me, the minor, and our heirs and representatives.
6. Electronic Records and Signature
I agree that this Agreement may be signed and stored electronically and that my electronic signature has the same force and effect as a handwritten signature under the federal E-SIGN Act and applicable state law (UETA).
7. Governing Law and Severability
This Agreement is governed by the laws of the State of Texas. If any provision is held invalid, the remaining provisions remain in full force and effect.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY.
