WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to participate in any way in the activities and programs of Keyes Canoe Rental, Inc. d/b/a Ozark Outdoors Riverfront Resort (hereinafter referred to as Ozark Outdoors) including canoeing, boating, rafting, floating, camping, lodging, meals, food services, and other related activities, I, the undersigned, acknowledge and agree as follows:

1. I understand that the above activities, and other related activities, carry substantial risks and dangers, and that I can receive personal injuries, fatal injuries, and property damage.

2. I understand that the dangers may include, but are not limited to, the following:

§ hazards of traveling on a canoe, raft, kayak or other devices used for floating, in normal, rough or flooded river conditions;

§ hazards of jumping, diving, or being thrown into unfamiliar water with submerged hazards, undercut rocks and logs, rocks and manmade hazards;

§ hazards of being pinned against trees, rocks, roots, or other objects;

§ contact with paddles, helmets, other guests, food boxes, coolers, or other containers;

§ hazards of walking, riding, biking or horseback riding in rough terrain;

§ strains or sprains; fractures or punctures; partial and/or total paralysis; death; drowning;

§ accidents; loss or damage to personal property; slips and falls;

§ snake bites, insect bites, bee stings, and allergic reaction to plants such as poison ivy;

§ illnesses or injuries in remote places without medical facilities;

§ failure or lack of communication equipment;

§ entrapment in caves; falls or jumps from manmade and natural cliffs or bluffs;

§ hazards of entering and leaving the canoe, boat, raft or other floatation device;

§ hazards of loading or unloading people or materials from vehicles;

§ hazards of the forces of nature, including wind and lightning;

§ falling limbs or trees;

§ problems or hazards related to travel by automobile, bus, ATV or any other conveyance;

§ eye injuries including blindness;

§ heat stroke;

§ problems or hazards related to consumption of alcoholic beverages or controlled substances by myself or others.

3. I fully understand and acknowledge that all of the risks and dangers involved in my activities while at Ozark Outdoors, including the above risks and dangers, may be caused by the negligence of Ozark Outdoors, its employees, officers and agents, or it may be caused by the negligence of other participants, accidents, breaches of contract, the forces of nature or other causes and that these risks and dangers may arise from foreseeable or unforeseeable causes.

4. BY MY PARTICIPATION IN ANY ACTIVITIES AND/OR USE OF EQUIPMENT, I KNOWINGLY AND FREELY ASSUME ALL RISKS KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF OZARK OUTDOORS, OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN ANY ACTIVITIES PROVIDED BY OZARK OUTDOORS.

5. I willingly agree to comply with the terms and conditions for participation in any activity or service provided by Ozark Outdoors. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and immediately bring same to the attention of the nearest agent or employee of Ozark Outdoors.

6. By participating in, or attending, any activity or service provided by Ozark Outdoors, whether on or off the premises, I consent to the use of any photographs, pictures, film, or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

7. I acknowledge that the use of alcohol or the use of any controlled substance or illegal substance, may affect the skill, knowledge, and physical requirements of any activity in which I am participating and may increase the risk of property damage, personal injury, or death.

8. I, on behalf of myself, my personal representatives, my heirs, assigns, next-of-kin, and any minor children for which I am responsible , hereby release, indemnify, hold harmless, discharge and defend Keyes Canoe Rental, Inc. d/b/a Ozark Outdoors Riverfront Resort, its officers, owners, agents, and employees, and all owners of any premises or real property where any activities may occur, and any sponsors of any events of any type, kind and description, from any and all claims, actions, suits, debts, liabilities, judgments, demands and liability arising out of or related to any injury, disability, death, or property damage I may suffer, or loss of damage to person or property, whether arising from the negligence of Ozark Outdoors, or otherwise.

9. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently, or in the future, for the negligent acts or other conduct by the owners, agents, officers or employees of Ozark Outdoors, for personal injury, property damage or wrongful death.

I HAVE READ THIS RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR COERCION; AND THAT I RELEASE, HOLD HARMLESS AND INDEMNIFY OZARK OUTDOORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH TO MYSELF OR ANY MINOR CHILDREN FOR WHICH I AM RESPONSIBLE.

The reservation holder must bring this form into the office once everyone signs the form to get the “Border Pass” that is needed to get on the bus for the float.

The reservation holder must have each person that they paid for on the float

PRINT CLEARLY THE FOLLOWING “NAME, SIGNATURE, ADRESS, CITY, STATE AND ZIP.

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