Waiver Of Liability
Effective Date: February 24, 2025
By booking and participating in any tour operated by Great American Tours (“Company,” “we,” “our,” or “us”), you (“Participant”) acknowledge and agree to the following Waiver of Liability, Assumption of Risk, and Indemnification Agreement:
1. Acknowledgment of Risks
I understand and acknowledge that participating in tours, including but not limited to walking, hiking, biking, bus tours, and other outdoor activities, involves inherent risks, including but not limited to:
- Personal injury, illness, or death
- Weather-related hazards (e.g., extreme heat, cold, rain, storms)
- Slips, falls, or accidents during travel or at destinations
- Transportation delays, mechanical failures, or accidents
- Encounters with wildlife or unpredictable environmental conditions
- Loss, theft, or damage to personal property
I voluntarily assume all risks associated with participating in the tour.
2. Release of Liability
To the fullest extent permitted by law, I hereby release, waive, and discharge Great American Tours, its owners, employees, affiliates, agents, and contractors from any and all claims, liabilities, demands, or causes of action arising out of:
- Personal injury, death, or property damage resulting from my participation in the tour
- The actions, negligence, or omissions of Great American Tours or any third-party providers
- Any cancellations, delays, or changes beyond the Company’s control
I understand that this waiver applies regardless of whether the risk was caused by negligence or other factors.
3. Medical Emergencies & Insurance
- I confirm that I am physically capable of participating in the tour and do not have any medical conditions that may prevent me from safely doing so.
- I acknowledge that Great American Tours does not provide travel, health, or accident insurance.
- I agree that I am responsible for any medical expenses incurred due to injuries sustained during the tour.
Health & Fitness Acknowledgment
Customers confirm that they are in good health and physically able to participate in the tour activities. Great American Tours is not responsible for injuries resulting from pre-existing medical conditions or lack of physical fitness.
4. Indemnification
I agree to indemnify and hold harmless Great American Tours from any claims, damages, losses, or expenses (including legal fees) arising from my participation in the tour.
5. Photography & Media Release
I grant Great American Tours permission to use any photographs, videos, or other media taken during the tour for promotional and marketing purposes, unless I explicitly notify the Company in writing before the tour.
Minor Participant Waiver of Liability
If my child violates these rules, Great American Tours reserves the right to:
- Remove my child from the tour without a refund.
- Contact me to arrange for my child’s return at my expense.
6. Photography & Media Release
I grant Great American Tours permission to use photographs, videos, or other media of my child for promotional purposes, unless I provide a written request to opt out before the tour.
7. Governing Law & Dispute Resolution
This agreement shall be governed by the laws of Tennessee. Any disputes shall first be attempted to be resolved through mediation. If unresolved, they will be handled in the courts of Nashville, TN. However, Great American Tours reserves the right to resolve disputes through binding arbitration at its discretion, in accordance with the rules of the American Arbitration Association (AAA). The customer agrees that arbitration shall be the exclusive forum for resolving disputes, waiving any right to litigation or class-action lawsuits.
8. Parent/Guardian Acknowledgment & Agreement
By signing this waiver, I confirm that:
- I am the parent or legal guardian of the Minor participant.
- I have read and fully understand this Minor Participant Waiver of Liability.
- I voluntarily agree to its terms on behalf of my child.
- I understand that this waiver applies to my child, myself, my heirs, and any representatives.
Minor Participant Information
Child’s Full Name: ______________
Child’s Date of Birth: ______________
Parent/Guardian Information
Parent/Guardian Name: ______________
Email: ______________
Phone Number: ______________
Signature
Parent/Guardian Signature: ______________
Date Signed: ______________