TERMS & CONDITIONS / CONSENT AGREEMENT

Please read this information carefully and entirely. With the purchase of product(s) and/or services from Tour the Upper Cumberland, LLC (TTUC), and/or by boarding a TTUC vehicle, you and/or your participating guests accept and agree to abide by the following Terms & Conditions as they pertain to any tours and/or programs operated, sponsored, or coordinated by TTUC and/or any of its affiliated partners.

By participating in TTUC tours and/or programs, TTUC guests surrender certain legal rights in the event of an injury or other loss. It is your responsibility, as a guest of TTUC, to review and comply to the Terms & Conditions state here and/or at tourtheuc.com

By purchasing a product or service with TTUC, you agree to assume responsibility for yourself and your guests. You also agree to indemnify and hold harmless TTUC, its employees, agents, and affiliated partners from any and all claims and liability, including attorney’s fees and costs, for any bodily injury or property damage arising from your participation in the tour.

Recreational and sightseeing activities have inherent risks, dangers, and hazards. These inherent risks, and others not specifically described, may be present in activity with TTUC [and/or its affiliated partners].

Your 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 TTUC [and/or its affiliated partners], 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 locations.

With purchase of a product or service of TTUC or by boarding a TTUC vehicle, you agree to the following:
• I acknowledge and assume all risks of my enrollment and participation in a program of TTUC [and/or its affiliated partners], whatever the nature of those inherent risks may be, and whether described above or not.
• I release TTUC, its owners, officers, directors, staff, contractors and affiliated partners 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 TTUC [and/or its affiliated partners]. 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) 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 TTUC [and/or its affiliated partners] and/or which may arise out of my time on the tour.
• 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 TTUC [and/or its affiliated partners] if I require an accommodation to allow me to participate fully in the activities or program. I understand that TTUC [and/or its affiliated partners] 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 TTUC [and/or its affiliated partners] 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.
• TTUC [and/or its affiliated partners] 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 above and by accepting these Terms & Conditions, agree that it is my intention to exempt and relieve Tour the Upper Cumberland, LLC [and/or its affiliated partners] from liability for personal injury, property damage, or wrongful death caused by ordinary negligence or any other cause.