NIANGUA RIVER OASIS, INC (NRO) ASSUMPTION OF RISK | A LEGAL DOCUMENT
NOTICE TO GUEST, ASSUMPTION OF RISK AND RELEASE OF LIABILITY PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING
IF YOU HAVE ANY QUESTIONS PLEASE ASK US OR CONSULT YOUR ATTORNEY.
It is understood that the undersigned will be liable for all loss or damage due to theft, fire or any other cause whatsoever, while said equipment is in customer’s possession. Customers shall pay a penalty of $40.00 for each broken or lost paddle,and $15.00 penalty for each lost or damaged life jacket. Customers shall be solely liable for all fines, penalties and forfeitures imposed for violations of the law while this equipment is being held, used and operated pursuant to this rental agreement and to pay all judgments, liens or other encumbrances that may be levied against you or the said equipment on account of the use thereof.
Make Sure everyone grabs a life jacket. Kids 7 & under have to wear a life jacket at all times. You cannot go past RVP 7 mile takeout after 1pm. You must be at your takeout before 6pm. After 6pm there will be a $75 fee per vessel for late arrivals. No tying canoes, rafts, kayaks or tubes together. No Styrofoam coolers or glass on the rivers. I agree to pay all late fee’s that apply
I agree to pay for any and all damages sustained to property while occupying Niangua River Oasis, Inc. Housing. Niangua River Oasis, Inc. may apply damage charges to my credit card without prior approval if this method of payment does not waive any other remedies Niangua River Oasis, Inc. may have for collection of loss.
CABINS ARE NON SMOKING CABINS. THERE WILL BE A $250.00 SPECIAL CLEANING CHARGE APPLIED TO YOUR CREDIT CARD IF YOU SMOKE IN THESE CABINS. IT IS ALMOST IMPOSSIBLE TO REMOVE THE SMELL WITHOUT PROFESSIONAL HELP. THANK YOU FOR NOT SMOKING.
If you need to cancel/change your reservation you have 14 days prior to your check in date, after 14 days there are NO refunds. It will go on a raincheck/credit that is good for 1 year. If flooding is an issue and the river is not floatable, there are no refunds and your reservation would go on a rain check/credit that is good for 1 year.
WARNING: UNDER MISSOURI LAW, AN OUTFITTER IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN PADDLESPORT ACTIVITIES RESULTING FROM THE INHERENT RISKS OF PADDLESPORT ACTIVITIES PURSUANT TO THE REVISED STATUTES OF MISSOURI. 537.327 R.S.MO (http://R.S.MO).
WARNING: UNDER MISSOURI LAW, A PRIVATE CAMPGROUND OWNER OR AN EMPLOYEE OR OFFICER OF A PRIVATE CAMPGROUND OWNER IS NOT LIABLE FOR INJURY TO OR THE DEATH OF A PERSON OR ANY PROPERTY DAMAGE RESULTING FROM THE INHERENT RISKS OF CAMPING UNDER THE REVISED STATUTES OF MISSOURI. 537.328.1 R.S.MO (http://R.S.MO).
We do not endorse or condone the use of alcohol on the river. This document must be signed by you (hereinafter “Participant”), or your parent or legal guardian if you are a minor Participant under the age of 18, if you are camping, renting or otherwise using equipment or participating in activities offered by Niangua River Oasis, Inc and its employees, agents, officers, directors, and owners (hereinafter collectively (“NRO”). Participant, or the parent or legal guardian of the minor Participant, agrees to the following: ACKNOWLEDGMENT, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY A. Activities, Hazards and Risks 1. The services of Niangua River Oasis, Inc (NRO) may include the use of campground facilities Lodging, rental equipment such as rafts, tubes, canoes, kayaks, and the like, river outfitting trips by raft, tube, canoe, or kayak, related activities, and travel provided by Niangua River Oasis, Inc (NRO) to and from the above-mentioned activities. 2. The hazards and risks involved in the activities mentioned in paragraph 1 above include, but are not limited to, the following: sudden changes in weather conditions; insects and wild animals; fire; less than sanitary conditions; entering, exiting and operating watercraft such as those listed in paragraph 1 above; dangerous water conditions; entrapment or entanglement by or in natural or artificial conditions such as root-wads, log-jams, fencing ; water which may be fast, deep, cold, and subject to rapid change; objects and hazards in the water; and overturned watercraft; injury from slips and falls; and death or drowning. Risks of other activities include those associated with Lodging, camping, and moving on and over terrain. There may also be the risk of injury by third parties over which Niangua River Oasis, Inc (NRO) has no control. Travel to and from activities involves travel on vehicles that may not have safety devices such as seat belts or air bags, and includes the risk of automobile accidents whether caused by Niangua River Oasis, Inc or others. Swimming in unfamiliar surroundings may cause entrapment, injury from slips and falls and drowning. While a swimming area is provided, no lifeguard is on duty, and all swimming is at the swimmer’s risk. Further, activities may take place in remote places, significantly delaying emergency medical care. Participants should always wear a fastened personal flotation device. Participants should also wear footwear which will provide protection from sharp objects, and which will minimize the risk of foot entrapment. 3. Participant, and the parent or guardian of a minor Participant, acknowledge and understand that the description of activities and risks in paragraph 2 above is not complete and that all activities offered by Niangua River Oasis, Inc (NRO) , whether or not described, may be dangerous and may include inherent risks that cannot be reasonably avoided without changing the nature of the activity. Participant impliedly assumes the risk of such dangers and risks. 4. Provider has made no effort to determine, and accepts no responsibility for, medical, physical or other qualifications or the suitability of Participant for the activities. Participant, and the parent or guardian of a minor Participant, accepts full responsibility for determining Participant’s suitability for participating in the activities. Provider is not responsible for the water conditions, routes, lodging, campsites, or other activities of renters of its equipment. Certain activities may be conducted by independent contractors hired by Provider; Provider does not train, supervise or control these contractors and accepts no responsibility for their conduct. 5 Consumption of even small quantities of alcohol will, and other substances may, impair judgment and reduce a participant’s ability to effectively manage the risks of water travel, camping and land activities. Niangua River Oasis, Inc (NRO) accepts no responsibility for the consumption of alcohol by adult guests. The consumption of alcohol by minors in any Niangua River Oasis, Inc (NRO) activity is expressly prohibited. B. Acknowledgment and Assumption of Risks 6. I the Participant, and/or the parent or guardian of a minor Participant, understands the nature of the services of Niangua River Oasis, Inc (NRO) and the other activities which may occur, and their risks. I acknowledge and expressly assume all risks of the activities engaged in whether or not described above, known or unknown, and inherent or otherwise. I take full responsibility for any injury or loss, including death, which I or the minor for whom I sign, may suffer, arising in whole or part out of such activities, whether or not caused by the negligence of Niangua River Oasis Inc. 7. If I sign on behalf of any minor, I agree to provide or otherwise ensure adequate supervision of that minor, whether myself or by assignment to another adult, at all times while engaged any activity provided by Niangua River Oasis, Inc (NRO), or while on Niangua River Oasis, Inc (NRO) property. I understand and agree that Niangua River Oasis, Inc (NRO) shall not be responsible for any such supervision. C. Agreements of Release and Indemnification, and Additional Provisions 8. I, for myself as Participant, or on behalf of the minor Participant, for whom I am signing, agree as follows: a. I release Niangua River Oasis, Inc (NRO) (“Released Parties”) from any and all claims of injury, damage or loss arising from the negligence or fault of Niangua River Oasis, Inc (NRO) or others (excluding intentional torts or acts of gross negligence) which I, or the minor for whom I sign, may suffer, arising out of or in any way related to my, or the minor’s enrollment in or participation in the activities of Niangua River Oasis, (NRO) described above or the use of its equipment. Neither I, the minor child(ren), nor anyone acting on my/our behalf, will bring suit or otherwise assert any such claims against Niangua River Oasis, Inc (NRO). b. I will indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys’ fees) Niangua River Oasis Inc (NRO) from any claim of liability asserting a loss arising out of, or in any way related to my, or the minor’s enrollment in or participation in the activities of NIANGUA RIVER OASIS, INC (NRO) or the use of its equipment, including one brought by, or for the minor for whom I sign, a co-participant in any of the activities of Provider, a rescuer, a member of my, or the minor’s family, or anyone else. c. I authorize providers to provide or obtain for me, or the minor for whom I sign, such medical care as it considers necessary and appropriate and I agree to pay all costs associated with such care and related transportation. This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect. This agreement is governed by the laws of the State of Missouri. RELEASE OF LIABILITY Signature of Parent or Guardian Relationship to Minor Participant . All Participants must sign for themselves. (Parents must sign for minors) My signature on this waiver signifies I have read and agree to the terms & conditions,
I have read the above terms and conditions of the Waiver of Liability and agree thereto: In signing this Agreement, I warrant and agree that I will be responsible for any other persons using the equipment while it is in my possession or control pursuant to this Agreement. If under 18 years of age, I warrant that I have the consent of my parents or guardian to rent the above.
IMPORTANT: If the participant is a MINOR, the PARENT/GUARDIAN signature is required on the signature line below.
