Caution, read and understand before signing. This may affect legal rights which you might have.

Release Form - Page 1
Trip Itinerary
DatePreserve LocationNumber of AdultsNumber of Minors
02/09/2019Limited Cave Entry1000
Release Form - Page 2

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISKPARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Southeastern Cave Conservancy, Inc., their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SCCI” I hereby agree to release, indemnify, and discharge SCCI, on behalf of SCCI myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.    I acknowledge that my participation in caving activites entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: the hazards of walking on uneven terrain; entrapment by rock and/or trees; slippery surfaces; slips and falls; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; being struck by rock fall or other objects dislodged or thrown from above; the use of ropes and equipment; the forces of nature, including lightning and rapid weather changes; flash flooding; accidental drowning; being submerged under water; being struck by debris which may or may not be seen from the water’s surface; the risk of falling off the rock; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.

Furthermore, SCCI personnel 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 or other environmental conditions. They may give incomplete 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, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured certified helmet while participating in this activity.

3.    I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SCCI 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 SCCI equipment or facilities, including any such claims which allege negligent acts or omissions of SCCi

4.    Should SCCI 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 am willing to assume the risk of any medical or physical condition I may have.

6.    In the event that I file a lawsuit against SCCI, I agree to do so solely in the state of Tennessee, 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 document shall remain in full force and effect.

7.    Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11.

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 SCCI on the basis of any claim from which Iad this entire document. I also agree that this document is validfor subsequent visits and participation at SCCI. I have read and understood it, and I agree to be bound by its terms.

For Parent or Guardian

Please add a minor's name to this release, one minor per line. Multiple minors on the same line will delay the review of your permit.

Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all SCCi Activities. I realize that I am agreeing to let my child engage in a potentially dangerous activity. Further, I have read and fully understand this SCCi Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and agree to be bound by this agreement on behalf of myself, my spouse, the minor child, and any party filing on behalf of the minor child. I understand that I am releasing both my right and the right of my minor child to sue for damages in the event of injury, death, or financial loss. I intend my signature to be a complete release of all liability, including that due to the Inherent Risks of SCCi Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by law.

Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks of SCCi Activities to my minor child and that the minor understands this Agreement. The following signature is to affirm understanding of the inherent risks of SCCi Activities and the voluntary assumption of these risks.

For Parent or Guardian

Please add a minor's name to this release, one minor per line. Multiple minors on the same line will delay the review of your permit. A minor is anyone under the age of 18 (under the age of 19 in Alabama).

Release Form - Page 3
Release Form - Page 4

Acknowledgement of Understanding: I, the Adult Participant have read this Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to the INHERENT RISKS of SCCi Activities or the ORDINARY NEGLIGENCE of the Protected Parties, to the greatest extent allowed by law.

2024-07-23

By clicking Submit, you are agreeing to the Release Text above.

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If you believe in saving wild caves as much as we do, please make a gift now. Protecting these special places is only possible with the support of people like you. Even just $10 can go far in making sure future generations can enjoy them too. Please give. Donations are voluntary and are not required to receive a permit. SCCi does not charge to visit our preserves.