Release and Liability Waiver

Please read this waiver. This is the legal stuff we have to do! You’ll be required to sign a hard copy before embarking on any tours we offer.

I (the undersigned, being the party agreeing to these terms by reserving, purchasing, and/or participating in the tour) hereby waive any and all claims I may have now and/or in the future, and release from all liability and agree not to sue Allison Morris T/A Way Back When Black River Heritage Tour, its directors, officers, agents, representatives, employees, tour guides or associates (all such persons hereinafter called “the Releasees”) for any personal injury, death, property damage, or loss sustained by me as a result of my participation in the tour due to any cause whatsoever, including without limitation, negligence on the part of the Releasees, its staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic.

I further agree that if I violate this agreement and attempt to bring suit against any party or parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.

I acknowledge that I am mentally and physically fit to fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein and I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me or under my custody or control, as a result of being engaged in such an activity. I am aware that the tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include (without limitation): uneven walking surfaces, potholes, raised path edges, uncovered drains, wet or slippery ground, steps, curbs, low lighting, narrow walkways, traffic movement, road crossings, diversions due to construction, physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour and the possibility of personal injury, death or property damage or loss resulting therefrom. I acknowledge that the enjoyment and excitement of the proposed form of tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.

I agree that if I suffer injury or illness the Releasees can, but without incurring any obligation to do so, at my cost, arrange any medical treatment, and transportation as they in their absolute discretion deem necessary for my health and safety. I understand that the Releasees will not be responsible for any medical costs associated with an injury I may sustain. I also understand that I am responsible for any injury or death I may cause, or any loss or damage I may cause to any property.

Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by my tour guide or any other of the Releasees and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour. As a participant on the tour, I accept full responsibility for my behavior, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel. I agree not to hold the Releasees liable in any way should any harm come to me. I acknowledge and understand the dangers associated with the consumption of alcohol or other drugs, and agree that I am solely responsible for removing myself from participation in the walking tour if at any time I feel unable safely to complete or participate in the walking.

I further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, or not, whether caused by negligence of the Releasees or otherwise. In agreeing to this Release and Liability Waiver, I am not relying on any oral, written or visual representations or statements by the Releasees or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the Release and Liability Waiver and agree that this Release and Liability Waiver will be binding upon my heirs, next of kin, executors, administrators and successors. I grant the sponsors of this tour to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes. By purchasing the tour, I affirm that I have fully understood and agree to this Release and Liability Waiver.