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October 22 2018          
 

Terms & Conditions

RELEASE, EXPRESS ASSUMPTION OF RISKS,
CONSENT, WAIVER, & INDEMNITY AGREEMENT
READ CAREFULLY THESE IMPORTANT CONDITIONS FOR
PARTICIPATION THAT AFFECT YOUR RIGHTS & OUR LIABILITY
(Initial and sign below to confirm your agreement)
In consideration for the opportunity to participate in the adventure recreational services, consisting of cables, lanyards,
harnesses, pulleys, and elevated walkways and platforms, provided by Shawnee Bluffs Canopy Tour, Inc., d/b/a Shawnee
Bluffs Canopy Tour, I, the undersigned participant, hereby acknowledge and agree:

__ I understand that, although uncommon, risks of serious injuries, illness, or death always exist, and cannot
be eliminated, in adventure recreational activities such as these, due to falls, to contact with objects, other
persons, or the environment, or to moving and motion from being transported in the activities; and that there can
be risks of emotional or psychological injury or distress, resulting from personal touching, whether necessary,
unwelcome, or inadvertent, in the preparation for participation, as well as a range of emotions from simple hurt
feelings to panic or psychological trauma (such as fear of heights).

__ I expressly hereby assume the risk of such injury, illness or death, that may occur as a result of my
participation in the activities, whether resulting from the negligence of any party, including myself, and also
even negligence on the part of Shawnee Bluffs Canopy Tour, its respective employees, officers, directors,
stockholders, agents, successors-in-interest, and assigns (Released Parties) themselves, whether passive or
active.

__ I represent and agree that I am in reasonably good health and physical condition, weigh not less than 70
lbs nor more than 270 lbs, am appropriately dressed, am not pregnant, have no existing injuries or limitations,
have no musculoskeletal disorders, have no heart condition or condition of hemophilia, do not have epilepsy or
other seizure disorders, and am not under the influence of alcohol, or any drug, prescription or illegal, or any
other substance that would affect or impair my judgment, in order to participate in the adventure recreational
activities provided by Shawnee Bluffs Canopy Tour.

__ I hereby waive and release, discharge, and covenant not to sue, forever, Released Parties, for any claims
of liability against them, arising directly or indirectly out of my choice to participate in the recreational
activities provided, whether for any injury, death, loss, or other damages to myself, my family, my heirs, or my
assigns, and representatives.

__ By signing this Release, Express Assumption of Risks, Consent, Waiver, & Indemnity Agreement, I
hereby acknowledge that I understand the conditions stated in it, and that my participation in the recreational
activities provided is solely based on those conditions and my agreement to them.

__ I further agree to save, defend, indemnify, and hold harmless (i.e., defend and pay, including costs and
attorneys fees, including appellate proceedings) Released Parties from any claim or lawsuit by me, or by anyone
purporting to act on my behalf, my family, my estate, my heirs, or my assigns, for damage, injury, or death,
arising directly or indirectly out of my choice to participate in the recreational activities provided.

__ I intend that this Agreement be enforceable to the fullest extent provided by law, and in the event that any
of the terms set forth in this Agreement or any word, phrase, clause, sentence (including without limitation any
geographic, temporal or participatory restrictions), part, or provision should be found to be illegal, void, or
unenforceable for any reason, such word, phrase, clause, sentence, part, or provision shall be modified or
deleted in such manner as otherwise required, in to extend the fullest effects, rights, duties, and protections
under this Agreement, as so modified, so that the validity of the remaining words, phrases, clauses, sentences,
parts, and provisions shall not be affected thereby and shall be deemed, interpreted, and enforced, as being
severable and independent from such illegal, void, or unenforceable provisions, and said illegal or invalid part,
term or provision shall be deemed not to be a part of this Agreement and all other valid provisions shall survive
and continue to bind the parties, and be interpreted and enforced, as if such illegal, void, or unenforceable
provisions were never a part of this Agreement.

_ _ This Agreement shall be interpreted and enforced according to the laws of the State of Illinois,
notwithstanding the choice-of-law rules or conflicts of laws principles of this State, or of any other state,
territory, province, or nation; and any claim or action relating to, or arising out of, this Agreement may be
brought only in a court located in, or comprising, Union County; and only after participation in a pre-suit
mediation conference, which is a prerequisite condition to bringing suit.

__ I agree to follow and comply with all conditions, rules, and directions by Released Parties, and that failure
to do so is reasonable basis to be excluded from participation in the recreational activities provided.

_ _ The information below evidences that I am of lawful age and legally competent to agree to, and sign, this
Agreement, and I have read and fully understand it, and knowingly and voluntarily sign it.
Fwlname: __________________________________ __ OOB: _ ______ _
Age: _ Height _ _ Weight __
Address:----------------City:--------- State: ___ _
Telephone: _ _____________ Email:--------------
Date: ------------
Participant's signature: -------------- - -----------


Legal Guardian's signature: -------------- - -----------

 

 

 

 

 

 

Cancellation Policy

We have a 14 day cancellation policy. If you cancel your reservation outside of 14 days prior to your tour date, your payment less a $15 administration fee per person will be refunded to you. If you need to change your reservation date or time, you may do so one time, outside the 14 days prior to your originally scheduled tour, at no charge. No refunds or reschedules will be given with less than 14 days notice. Your tour reservation is transferable, so you may give it away or sell it if you choose but only for that same date and time. Weather: We will not cancel tours due to cold or mild rainy weather. SBCT management may cancel due to excessively high winds, heavy rain or thunder and lightning. If a tour has been canceled by management, SBCT will contact you and your reservation will be refunded or rescheduled at a later time, at your option. We reserve the right to postpone or pause a tour up to one hour to wait out inclement weather and then resume the canopy tour. If a tour is canceled while in progress, a partial "tour voucher" may be issued to apply towards a future tour reservation. Late arrivals: Guests are required to arrive 30 minutes prior to their scheduled departure time. Tours depart on time and no refunds will be made for late arrivals. If you fail to meet your canopy tour appointment, we still incur all of the same expenses, and may have turned others away.

Things to Consider:

  • Remember we have a 14 day cancellation policy.
  • Arrive 30 minutes prior to your scheduled tour time.
  • Please download your Wavier and bring with you.
  • The waivers can be downloaded at the bottom of" Book your Tour"
  • Bring your reservation.
  • Dress for the weather, as we do zip in the rain and cold weather-Do not assume a tour is cancelled unless you hear from SBCT. Wear comfortable clothing, but avoid loose clothing. Short shorts and tank tops are not recommended Wear close-toed shoes such as hiking shoes or sneakers. Sandals and flip-flops are not permitted
  • No dangling or loose jewelry
  • Please tie back long hair
  • No cell phones or cameras are allowed on the tour
  • Glasses/Sunglasses must be properly secured for the tour
  • For children under the age of 18 not accompanied by their parent or legal guardian, a signed minor wavier form must be presented at the time of their tour.
  • SBCT is a tobbacco -smoke free zone
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