(a) Every whitewater professional shall either post and maintain signs that contain the warning notice prescribed in subsection (d) or give the warning in writing to participants. The signs shall be placed in clearly visible locations on or near places where the whitewater professional conducts whitewater activities, if the places are owned, managed, or controlled by the professional.
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Terms Used In Tennessee Code 70-7-204

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Contract: A legal written agreement that becomes binding when signed.
  • Inherent risks of whitewater activities: means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
    (A) Water. See Tennessee Code 70-7-201
  • Participant: means any person who engages in a whitewater activity. See Tennessee Code 70-7-201
  • Whitewater: means rapidly moving water. See Tennessee Code 70-7-201
  • Whitewater professional: means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity. See Tennessee Code 70-7-201
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1″) in height.
(c) Every written contract entered into by a whitewater professional for the purpose of providing professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the whitewater professional’s business, shall contain in clearly readable print the warning notice specified in subsection (d).
(d) The signs and contracts described in subsection (a) shall contain the following warning notice:

WARNING

Pursuant to Tenn. Code Annotated title 70, chapter 7, part 2, a whitewater professional is not liable for an injury to or the death of a participant in whitewater activities resulting from the inherent risks of whitewater activities.

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