R12, 2023-01-20

NOTE: Apex Rafting does not accept paper waivers, please submit electronically.

ADULT AGREEMENT FOR MINOR PARTICIPATION

MUST BE COMPLETED FOR PARTICIPANTS UNDER 19

WARNING - BY SIGNING THIS FORM YOU ARE ASSUMING BOTH PHYSICAL AND LEGAL RISKS WHICH HAVE FINANCIAL IMPLICATIONS TO YOU AND/OR YOUR FAMILY, AND YOU ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION!

PLEASE READ CAREFULLY!

We can change this date for you if your trip gets moved


In consideration for allowing (the “​Child​”) to participate in the related events and activities of THE RELEASEES (as defined in the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “​Agreement​”) attached to this document), I hereby warrant, represent, and agree:

1. I am the parent/guardian having full legal responsibility for decisions regarding the Child or have been assigned full legal responsibility and authority for decisions concerning the Child from his or her parent/guardian;

2. I have reviewed the Agreement;

3. I am familiar with and accept, on behalf of myself and the Child that there are risks to the Child’s participation in the River Rafting Activities, as set out in the Agreement, and that in particular, there is a risk of serious injury and death from participating in River Rafting Activities;

4. I have satisfied myself and believe that the Child is physically, emotionally and mentally able to participate in River Rafting Activities;

5. I understand, and will instruct the Child, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me and the Child;

6. I will immediately remove the Child from participation and notify the nearest representative of the Operator if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that the Child has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in River Rafting Activities; and

7. I authorize the Releasees to consent to emergency medical treatment in accordance with the best interests of the Child, should I not be present at the relevant time to grant consent myself.



I UNDERSTAND AND AGREE, ON BEHALF OF THE CHILD, HIS/HER HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:



1. AN UNQUALIFIED ASSUMPTION OF ALL RISKS associated with participation in River Rafting Activities by the Child, even if arising from negligence or gross negligence of the Releasees, including any compounding or aggravation of injuries caused by negligent first aid operations or procedures;

2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY OF ALL CLAIMS that I have or may in the future have against the Releasees from any and all liability for any loss, damage, injury or expense that the Child may suffer, or that his/her next of kin may suffer as a result of participation in River Rafting Activities or his/her use of or presence at, the rafting facilities, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT OR ANY OTHER RELEVANT STATUTES, on the part of the Releasees;

3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of the Child in River Rafting Activities; and

4. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS THE RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them in relation to the Child’s participation in River Rafting Activities, whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH THE CHILD, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND I MAY HAVE AGAINST THE RELEASEES.


I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.



Click to Sign
Adult Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

Wed May 1, 2024