​In exchange for participation in the activity of walking tours, hiking tours, or bus tours organized by Smoky Bear Shuttle, of Gatlinburg, Tennessee, 37738 and/or use of the transportation facilities and services of Smoky Bear Shuttle, I agree for myself and (if applicable) for the members of my group, to the following:

​

AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow all oral instructions or directions given by Smoky Bear Shuttle, or the employees, representatives, or agents of Smoky Bear Shuttle.

​

ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity such as dangerous wild animal encounters, falling over rocks and roots, being bitten by insects which can carry diseases, being injured by low-hanging limbs, falling sticks, and all other forces of nature, auto accidents, injuries sustained while entering or exiting the tour bus, and I assume full responsibility for personal injury to myself and (if applicable) my group members, and further release and discharge Smoky Bear Shuttle for injury, loss, or damage arising out of my or my group's use of services provided by Smoky Bear Shuttle, whether caused by the fault of myself, my group members, Smoky Bear Shuttle, or other third parties.

​

INDEMNIFICATION. I agree to indemnify and defend Smoky Bear Shuttle against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my group's use of services provided by Smoky Bear Shuttle including walking tours, hiking tours, or bus tours aboard a bus operated by Smoky Bear Shuttle.

​

FEES. I agree to pay for all damages to the properties or items owned by Smoky Bear Shuttle (such as the tour bus) caused by any negligent, reckless, accidental, or willful actions by me or my group.

APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Tennessee law.

​

NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree that I have given all members of my group the opportunity to read, review, and understand this Agreement. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Smoky Bear Shuttle has offered to refund any fees I have paid to use its services and facilities if I choose not to sign this Agreement.

​

ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

​

ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

​

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.