PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK

Terms & Conditions

30 Day Cancellation policy

If Brewers cancels your trip we will refund to you all payment made to us. If you cancel your reservation(s), the following conditions will apply:

Cancellations in writing greater than 30 days prior to the trip will be entitled to a refund minus a $15.00 per person per day handling fee.

Cancellations made within 30 days of the trip date are nonrefundable and cannot be rescheduled. Cancellations made within 48 hours of trip date, or "no show" cancellations result in full forfeiture of all money paid to Brewers and cannot be rescheduled.

If you have a documentable medical emergency we will allow you to reschedule your trip for a $25.00 per person fee up to the check-in time for your trip.(June through August, excludes Saturday and Holidays, and based upon availability) You must notify us in writing within 1 week from the date of the missed trip to be able to reschedule your trip. Please include all documents that support the reason you missed your trip.

IMPORTANT INFORMATION - Please Read:

Participants must realize that there are certain risks involved with any outdoor activity such as tubing, canoe or kayaking. These risks include but are not limited to loss of personal property, bodily injury and death. You are required to read, understand, and sign an assumption of risk form and liability release when you reserve your trip and before you embark. It is the responsibility of the group organizer to make sure everyone gets information of the trip prior to signing up for your trip.

Waiver of Liability, Release Assumption of Risk & Indemnity Agreement

The waiver can be electronically signed and submitted or it can be printed and mailed or hand delivered.


PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK

In consideration of the services of Brewers, their agents, owner-officers, volunteers, participants, employees, State of Nebraska and other government agencies issuing permits or licenses to Brewers, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release and discharge Brewers, on behalf of myself, my children, my parents, my heirs, assigns, person representatives and estate as follows:

1. I acknowledge that tube, canoe or kayaking (hereinafter collectively referred to as floating) on rivers entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: It is possible that I could be injured if I come in contact with food boxes, other storage containers, or other fixed equipment. Vessels could turn over. I can slip or fall during a hike, resulting in damage to equipment or personal injury. Accidents can occur getting on or off, in or out of the vessel or during transportation in Brewers vehicles to and from the river. Vessels are slippery when wet. Exposure to the natural elements can be uncomfortable and/or harmful. I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps. Also, prolonged exposure to cold water can result in hypothermia and in extreme cases death and accidental drowning is also a possibility. Insect or animal bites could cause illness, injury or death. Furthermore, Brewers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, the water flow, or the terrain.They may give inadequate warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, Brewers has not coerced or induced me to sign, and I elect to participate in spite of the risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Brewers from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Brewer’s equipment, or facilities, including any such Claims which allege negligent acts or omissions of Brewers.

4. Should Brewers or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

6. In the event that I file a lawsuit against Brewers, I agree to do so solely in the state of Nebraska, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Brewers on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(for participants under the age of 18 years)
In consideration of minors being permitted by Brewers to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Brewers from any and all claims which are brought by, or on behalf of minor, and which are in any way connected with such use or participation by Minor.

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