70-7-204 - Assumption of risk. [Effective until July 1, 2010. See the Compiler's Notes.]

70-7-204. Assumption of risk. [Effective until July 1, 2010. See the Compiler's Notes.]

(a)  A person who participates in white water rafting assumes the inherent risks in that sport or recreational opportunity, whether such risks are known or unknown, and is legally responsible for all injuries, death or damages to the person or persons resulting from the inherent risks of white water rafting.

(b)  A provider is not required to eliminate, alter or control the inherent risks of white water rafting and shall not be liable for injuries, death or damages resulting from the inherent risks of white water rafting.

(c)  No participant or participant's representative shall make any claim against, maintain any action against or recover from a white water rafting provider for injury, death or damages of or to the participant resulting from any of the inherent risks of white water rafting.

(d)  Nothing in this part shall be construed to conflict with or render as ineffectual a liability release or acknowledgment of risk agreement between a person who participates in a white water rafting activity and a provider.

[Acts 2005, ch. 169, § 1.]