Cowboy Tubin’ Waiver Form 2020-05-21T02:16:47+00:00

PARTICIPANT’S RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

THIS IS A RELEASE OF LIABILITY AGREEMENT. DO NOT SIGN UNLESS YOU AGREE TO BE BOUND BY ITS TERMS.

By signing this Release of Liability and Assumption of Risk Agreement, I am acknowledging that I have chosen to participate in a water sport activity, and/or other recreational activity, with or through Cowboy Tubin’, Inc., its employees, agents, assigns or other individuals working at Cowboy Tubin’, Inc.’s direction. I understand that my participation in this activity poses risk of Injury and/or Death to me. These risks include, but are not limited to, and/or medical attention in the event of injury and/or an emergency, the encounter of and variations in water and/or marine conditions, including but not limited to, variations in swell, surge, waves, current, wind conditions, inclement weather, use of/or transport of equipment, fishing tackle, fishing supplies, personal floatation devices, encounters with and/or collisions with other participants, and/or their equipment, boats, marine vessels and/or water craft of any such type or origin.

I agree not to climb on rocks and/or waterfalls along the river. I understand those areas may be slippery and can be dangerous. I agree not to dive into the water since I do not know what is below the surface. I agree not to trespass on other person’s property, discharge trash/litter, or act in a reckless manner during this activity. I further affirm that I am not now under the influence of any drug, medication or alcohol, and will not be, while I engage in this activity.

Despite these risks, and in consideration of the right to participate in this activity, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with and/or that might occur, with my participation in this activity, and/or any use and/or transport of any equipment associated with my participation in this activity.

I acknowledge that I have been advised to wear a life jacket while engaging in water sports. Instruction as to the proper use of the life jacket is available from the operator. I am aware that the physical exertion required for this activity, and the forces exerted on the body, can activate or aggravate pre- existing physical injuries, conditions, symptoms or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with this activity.

In consideration of Cowboy Tubin’, Inc.’s agreeing to allow me to engage in this water activity, and permitting my use of its equipment, vehicles and other water sport activities, and for other good and valuable consideration, I hereby agree as follows: To waive any and all claims that I have or may have in the future against Cowboy Tubin’, Inc., its directors, officers, employees, agents, guides, instructors, independent contractors, subcontractors, or representatives. I further agree to release and forever discharge Cowboy Tubin’, Inc. from any and all liability for any loss, damage, expense or injury including death, that I may suffer, or that my next of kin may suffer, as a result of my participation in this activity.

I agree to defend and hold harmless and indemnify Cowboy Tubin’, Inc. from any and all liability for any property or personal injury (including emotional or mental injury) to any third party resulting from my participation or involvement in this activity and to indemnify Cowboy Tubin’, Inc. from any claims, suits, expenses and costs including, but not limited to, all expenses, costs, fees and attorneys’ costs for damage and personal injury to me, or property of anybody, including my own, resulting from any accident, negligent act, or omission.

Individuals under 18 years of age MUST HAVE THEIR PARENTS/GUARDIANS/SUPERVISOR sign on their behalf to engage in this activity. By signing, such PARENT/GUARDIAN/SUPERVISOR agrees to be bound by all terms of this Agreement.

All people who will be participating in activities at Cowboy Tubin' must be present on this form or service may be denied. If more than 6 participants a second form can be completed or you can contact Cowboy Tubin' for group rates and special waiver accomodations.
Needed if participants are under the age of 18. Also required to acknowledge acceptance of terms of this agreement as legally binding.