You are responsible for knowing and complying with these Terms of Service.
Guests boarding a Tour the Upper Cumberland vehicle constitutes consent to abide by all policies, rules, and regulations listed below and/or on tourtheuc.com.
Recreational and sightseeing activities have inherent risks, dangers, and hazards. These inherent risks, and others not specifically described, may be present in my activity with Tour the UC [and/or its Affiliates].
My participation in such activities and/or use of such equipment or premises may result in injury or illness including, but not limited to: bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability.
These risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of Tour the UC [and/or its Affiliates], the negligence of participants, accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to: guide decision making (including that a guide may misjudge terrain, weather, road, trail or water conditions), weather conditions, risk of falling out or drowning while exiting the bus and such other risks, hazards, and dangers that are integral to recreational activities that take place in a wilderness, lake, waterfalls, outdoors, recreational environment, city streets and sidewalks or other location.
By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the ordinary negligence or other conduct of the owners, agents, officers, or employees of Tour the UC [and/or its Affiliates], or by any other person, including myself. I also verify that I am in good health, not under the influence of any drugs of any kind, nor do I have them in my possession, and I am capable of pursuing bus tours and walking tours and my participation in one of more of these activities is entirely voluntary.
I acknowledge and assume all risks of my enrollment and participation in a program of Tour the UC [and/or its Affiliates], whatever the nature of those inherent risks may be, and whether described above or not.
I release Tour the UC, its owners, officers, directors, staff, contractors and Affiliates (“Released Parties”) from, and agree not to sue them for, any ordinary negligence resulting in a claim which I may have for injury, death, or other loss incurred during or in any way related to my enrollment or participation in a program of Tour the UC [and/or its Affiliates]. This Waiver and Release does not apply to acts which constitute greater than ordinary negligence.
I agree to defend, indemnify and hold harmless (that is, to defend and protect, including by paying liabilities, costs, and attorneys’ fees) Released Parties and all claims which I, a member of my family, another participant, or any other person, may have for any injury, death, or other loss incurred by me or caused by me related in any way to my enrollment or participation in any program of Tour the UC [and/or its Affiliates] and/or which may arise out of my time on the tour bus and off bus activities.
I attest that I have no physical or mental condition that would cause me to be a danger to others or myself. I will promptly inform Tour the UC [and/or its Affiliates] if I require an accommodation to allow me to participate fully in the activities or program. I understand that Tour the UC [and/or its Affiliates] may refuse admission or continued participation in any activity or program at its sole discretion and that if I am asked to leave a program or activity, I will receive no refund or other compensation for that circumstance.
Any dispute which I may have with Tour the UC [and/or its Affiliates] will be submitted to mediation if not otherwise resolved. Any mediation of suit shall occur exclusively in Cookeville, Putnam County, Tennessee and I agree to the personal jurisdiction of the appropriate court of that county. Any dispute, including regarding the terms of this agreement, will be governed by the substantive laws of the State of Tennessee.
Tour the UC [and/or its Affiliates] is hereby authorized to use, without compensation, photographic, including video, images of me, for promotional or other purposes.
If any part of this Agreement is deemed unenforceable by a Court of other appropriate authority, the remainder of the agreement shall remain in force and effect. I intend this agreement to be binding on all members of my family, and on my estate and executors and administrators.
I have read the waiver and release, and by accepting these Terms & Conditions, agree that it is my intention to exempt and relieve Tour the UC, LLC [and/or its Affiliates] from liability for personal injury, property damage, or wrongful death caused by ordinary negligence or any other cause.