HISTORIC PROPERTY TOUR PARTICIPATION AGREEMENT AND LIABILITY WAIVER
Each individual tour participant must complete a separate waiver before participating.
Assumption of Risk
I voluntarily choose to participate in a historic-property tour conducted or sponsored by Preservation Caswell, Inc. I understand that the tour may include access to the interior and exterior of privately owned historic buildings, residences, outbuildings, structures, yards, gardens, paths, and other portions of historic properties.
I understand that historic properties may contain conditions substantially different from those found in modern buildings or public facilities and may not have been designed, constructed, or adapted for public visitation.
Conditions and hazards may include, but are not limited to:
• Uneven, worn, sloping, loose, or irregular floors and walking surfaces;
• Steep, narrow, winding, irregular, or uneven stairs and steps;
• Low ceilings, beams, doorways, or other overhead obstructions;
• Narrow doors, hallways, passages, and confined spaces;
• Porches, decks, balconies, landings, and historic railings;
• Loose rugs, thresholds, changes in floor elevation, and other tripping hazards;
• Fragile, deteriorated, or irregular historic building materials and architectural features;
• Limited lighting or visibility;
• Areas without modern handrails, guards, accessibility features, or other contemporary safety improvements;
• Historic furnishings, antiques, artwork, decorative objects, and other fragile property;
• Uneven yards, lawns, paths, gravel, stones, tree roots, slopes, holes, and other natural or landscaped conditions;
• Exterior steps, walkways, retaining walls, fences, gates, and similar features;
• Outbuildings, barns, dependencies, ruins, foundations, cellars, basements, attics, or other areas when specifically included in an authorized tour;
• Wet, muddy, slippery, or otherwise hazardous surfaces;
• Weather conditions, including heat, cold, rain, wind, or sun exposure;
• Insects, animals, plants, and other natural conditions; and
• Other conditions ordinarily or reasonably associated with historic buildings, historic sites, private property, and their grounds.
I understand that not every potential hazard can be identified or eliminated in advance and that conditions may vary substantially from property to property.
I acknowledge that participation may involve risks of falling, slipping, tripping, striking objects, physical injury, illness, property damage, or other unforeseen circumstances.
I voluntarily assume the risks inherent in entering and touring the historic property and its grounds. I certify that I am physically capable of participating in those portions of the tour I choose to enter and understand that I may decline to enter or may leave any area if I believe I cannot safely participate.
Supervised Access
I understand that my participation in a Preservation Caswell tour does not constitute permission to independently enter, explore, or remain in any portion of the property.
I agree that I will enter and remain only in those rooms, buildings, structures, grounds, and other areas specifically included in the tour and only while accompanied or supervised by an authorized
Preservation Caswell docent, tour guide, or other designated representative.
I will remain with my tour group and will not leave the group to independently explore the property. I will not enter any room, building, outbuilding, structure, grounds, or other portion of the property that has not been expressly opened to the tour or for which I am not then accompanied or supervised by an authorized representative.
I agree to immediately comply with any instruction from a Preservation Caswell docent, tour guide, designated representative, property owner, or property owner's representative directing me to leave, refrain from entering, or remain outside a particular area.
Release of Liability
To the fullest extent permitted under North Carolina law, I release and discharge Preservation Caswell, Inc.; the owner or owners of the property being toured; and their respective directors, officers, volunteers, members, docents, tour guides, representatives, agents, sponsors, and partnering organizations from claims, demands, causes of action, damages, losses, or expenses arising out of or relating to my participation in the tour or my presence upon the property, including claims based upon ordinary negligence.
This release includes qualifying claims arising from conditions of the historic building, other buildings or structures, furnishings and contents, walkways, grounds, landscaping, and other portions of the property made available to participants.
This release does not apply to gross negligence, reckless conduct, or intentional misconduct where such liability cannot legally be waived.
Protection of Historic Property and Participant Responsibilities
I understand that I am entering property that may be privately owned and may contain historically significant and irreplaceable buildings, architectural features, furnishings, objects, landscapes, and other resources.
I agree to:
• Follow all instructions given by Preservation Caswell docents, tour guides, representatives, the property owner, or the property owner's representatives;
• Remain with the tour group and under the supervision of a Preservation Caswell docent, tour guide, or other authorized representative while touring the property;
• Not independently enter or explore any room, building, outbuilding, structure, grounds, or other portion of the property;
• Enter only those areas specifically opened to participants as part of the tour;
• Remain behind barriers, ropes, or other boundaries established for visitor safety or protection of the property;
• Refrain from touching, moving, sitting upon, leaning against, or handling furnishings, objects, architectural features, or other property unless expressly permitted;
• Exercise reasonable care for my own safety and to avoid damaging the property or its contents;
• Refrain from disruptive, dangerous, or inappropriate behavior; and
• Leave any area or the property when directed to do so by a Preservation Caswell representative, docent, tour guide, property owner, or property owner's representative.
Preservation Caswell and the property owner reserve the right to end a participant's tour and require the participant to leave the property for failure to comply with these requirements or when reasonably necessary for the safety of participants, protection of the property, or orderly conduct of the tour.
Personal Property
I am responsible for my personal belongings during the tour. Preservation Caswell and the property owner are not responsible for personal property that is lost, stolen, misplaced, or damaged during the tour, except to the extent otherwise required by law.
Medical Care
If I become injured or experience a medical emergency during the tour, I authorize Preservation Caswell, Inc. to seek emergency medical assistance on my behalf if I am unable to do so. I understand that I am solely responsible for any medical expenses incurred.
Accessibility and Physical Conditions
I understand that because of the age, historic character, construction, terrain, or private ownership of a property, some portions of a tour may have limited accessibility or may not be accessible to all participants.
I am responsible for determining whether I can safely participate in a particular portion of the tour and may ask a Preservation Caswell representative about known accessibility conditions before entering an area.
Nothing requires a participant to enter a particular room, structure, or portion of the property in order to participate in those portions of the tour that the participant can safely access.
Photography and Recording
I understand that photographs or video may be taken during the tour. Unless I notify Preservation Caswell, Inc. in writing before the tour begins, I grant permission for my likeness to appear in photographs or videos used by
Preservation Caswell for educational, historical, promotional, or fundraising purposes without compensation.
Permission to photograph, film, or otherwise record the historic property, its interior, its contents, or its grounds is separate from this provision and remains subject to rules established by the property owner and Preservation Caswell. I agree to comply with any prohibition or limitation on photography or recording announced for the property or particular portions of it.
Minors
Participants under the age of eighteen (18) must be accompanied by an adult.
The accompanying adult is responsible for supervising the minor throughout the tour and ensuring that the minor remains with the tour group and complies with all instructions, restrictions, and requirements applicable to participants.