Last updated: November 19, 2025

Please read Adventure on the Gorge’s Terms and Conditions of Use (the "Terms") carefully before continuing with Passholder’s purchase of the Splash Pass (“Splash Pass”). These Terms shall govern the use of the Splash Pass and apply to all visits Passholder makes to Adventures on the Gorge using the Splash Pass. By purchasing the Splash Pass, Passholder is agreeing to be bound by these Terms. If Passholder does not agree to the Terms, Passholder may NOT use the Splash Pass.

DEFINITIONS:

The following definitions apply to these Terms.

• “Adventures on the Gorge” OR “AOTG” is an affiliate of Aramark Corporation and shall include Aramark Services, Inc., Aramark Sports and Entertainment Services, LLC, Aramark Destinations, and any other Aramark affiliated entity.
• “Adventures” include whitewater rafting, aerial activities (including, but not limited to, ziplining, MoonTrek, Bridge Walk), hikes (including, but not limited to, guided hikes), jet boats, paddle boarding, kayaking, swimming, water devices, water sports, fishing (including, but not limited to, float or fly fishing), and any other activity offered through the Splash Pass.
• “Passholder” is the individual who is named on the Splash Pass
• “Splash Pass” OR “Pass” means the Adventure on the Gorge Splash Pass.
• “Water Craft or Device” shall include raft, kayak, paddle board, knee boards, ski tubes, skis, wakeboards and any other device designed to be towed by a Water Craft or Device. The term Water Craft or Device also includes Personal Water Craft ("PWC")

OPERATIONS.

AOTG has the right, in its sole and absolute discretion, to operate its property, facilities, and amenities in the manner it deems appropriate in its sole and exclusive judgment. AOTG’s right to operate in the manner it deems appropriate includes, but is not limited to, the right to modify, expand, reduce, or cease operations of any property, facilities, or amenities at any time and for any period of time, the right to implement, modify, expand, reduce, or cease any policies or procedures related to any property, facilities, amenities, or equipment, or the use of the Splash Pass, and the right to implement, modify, expand, reduce, or cease any reduced capacity or reservations systems or other requirements to use the Splash Pass.

REVOCATION.

AOTG may revoke, confiscate, cancel, deactivate, and not re-issue Passholder’s Pass, without providing any refund, if, in the sole and exclusive judgment of AOTG, its Partners or the area operator, Passport acts in a manner that could endanger the safety or health of any person, violate any law or AOTG policy, engage in any fraud, misconduct, or malfeasance, create a nuisance, for nonpayment or incomplete payment, or for other good cause.

RESERVATIONS.

Reservations are required for all Adventures Passholder selects to participate.

LOST OR STOLEN PASS.

A SPLASH PASS ID CARD IS REQUIRED FOR ADMISSION AT ALL TIMES. If a Splash Pass is lost, stolen, or forgotten, the ID card can be replaced for a non-refundable replacement fee at the sole discretion of AOTG. Passholder agrees and acknowledges that Passholder have an affirmative duty to immediately notify AOTG if Passholder’s Splash Pass is lost or stolen and that failure to do so may result in the loss or revocation of Passholder’s Pass without any refund.

REFUND POLICY.

IF YOU PURCHASE A SPLASH PASS, YOU AGREE TO BE BOUND BY THIS REFUND POLICY. ALL SPLASH PASSES ARE NON-REFUNDABLE AFTER MARCH 31, 2026, EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS.  ONCE A PASS HAS BEEN USED FOR ANY ACTIVITY AND/OR ADVENTURE, THE PASSHOLDER WILL NO LONGER BE ELGIBLE FOR A REFUND.

Qualified Refund Event: A Passholder may be eligible for a refund (partial or full) if the Passholder has NOT used the Pass yet and qualifies for one of the following conditions (“Qualified Refund Event”) based on Passholder’s provided evidence:

• Stay-at Home Order- Passholder is unable to use their Pass during the designated period because the municipality, county, state, province, or country in which is a Passholder’s Permanent Residence is located is subject to a mandatory governmental “stay-at-home” or “shelter-in-place” order lasting thirty (30) or more consecutive days, at least seven (7) days of which are during the Pass’s season.
• Tourist Visa Rejection- Passholder is unable to use Pass due to a tourist visa rejection that prevents Passholder’s entry into the United States. ATOG may require verifiable proof of visa rejection as a condition of eligibility for a refund.
• Military Service- Passholder is unable to use Passholder’s Pass during the season because after purchase of said Pass, Passholder or Passholder’s Domestic Partner is called to military service, Passholder’s military leave is revoked, Passholder is deployed or Passholder is reassigned to a different duty station that is 100 or more miles further away from AOTG than Passholder’s current assigned duty station.
• Pregnancy- Passholder is unable to use Pass during the Season because Passholder learns Passholder is pregnant after purchase of Passholder’s Pass.
• Minor Dependent- Passholder is under the age of eighteen (18) and is unable to use Pass because a Family Member who lives in the same Permanent Residence as Passholder has experienced one of the above Qualified Refund Event.

Refund Amount: If Passholder is eligible for a Qualified Refund Event AND has NOT used the Pass, the amount of the refund will be a percentage of the Pass purchase price based on the amount remaining in the season that the pass is valid for.

Refund Request: To receive a refund for a Qualified Refund Event, Passholder must submit request within 30 days of when the Qualified Refund Event arises.  Untimely submissions may be rejected.  Requests should be submitted to Adventures on the Gorge, P.O. Box 78, Lansing, WV 25862_. Request will need to include acceptable documentation (as determined in AOTG’s sole and absolute discretion) that confirms the Qualified Refund Event.

NO REFUNDS OR RAIN CHECKS WILL BE ISSUED FOR UNUSED, EXPIRED, LOST PASS, STOLLEN PASS, OR IN THE EVENT OF CANCELATION OF AN ADVENTURE DUE TO INCLEMENT WEATHER.

NON-TRANSFERABLE; NOT FOR RESALE.

ALL SPLASH PASSES ARE NON-TRANSFERABLE AND MAY NOT BE RESOLD.

The Splash Pass issued to the Passholder is personal and non-transferable.  The Passholder shall not lend, share, sell, or otherwise allow any other individual to use the Splash Pass for any reason.  Unauthorized use of the Splash Pass by anyone other than the Passholder will result in immediate revocation of the Pass without refund and denial to access to all facilities, Adventures, and services associated with the Pass.

LOST PROPERTY.

AOTG is not responsible for lost or stolen property of a Passholder.

NO GUARANTEE.

AOTG DOES NOT MAKE ANY GUARANTEES WITH RESPECT TO ITS SPLASH PASSES. For example, Passholder’s purchase of Splash Pass does not guarantee: (a) access to any Adventure, facilities, or amenities at any given time or for any number of days or for any minimum number of days; (b) any particular guest experience or Passholder’s satisfaction with Passholder guest experience at or with any Adventure, facilities, or amenities; or (c) Passholder’s ability to reserve any number of days or minimum number of days when AOTG operates under a reduced capacity or reservation system. Passholder’s admission to any Adventure, facilities, or amenities is subject to, among other things, capacity constraints and closures. Nothing in these Terms is a commitment by AOTG to keep any Adventure, facilities, or amenities open for any particular period or amount of time and AOTG reserves right to close any of its Adventures, facilities, or amenities in its sole and absolute discretion. AOTG is not obligated to sell Passholder a Splash Pass and expressly reserves the right, in its sole and absolute discretion, to refuse to sell any products and services to Passholder or any other person.

AVAILABILITY:

Entry at a given Adventure is subject to all rules and regulations posted at AOTG and/or each Adventure. AOGT reserves the right to refuse admission or require guests to leave the premises at any time for safety, operational, or policy reasons. AOTG reserves the right to alter, close, or remove any details, Adventure, or services without prior notice for safety, technical, operational, or other reasons. No refunds or price reductions will be given in these circumstances. Not all Adventures may be operational and/or available on the day of Passholder’s visit.

AOTG GROUNDS ACCESS.

Passholder’s access to any Adventures, facilities, or amenities may be subject to additional terms and policies.

FEDERAL, STATE, AND LOCAL GOVERNMENT HEALTH AND SAFETY ORDERS

In addition to these Terms, a Pass is subject to all Federal, State, and local government health and safety orders in effect at the time Passholder attempts to use a Pass to gain entry to AOTG. All Federal, State, and local government orders and related AOTG rules and regulations applicable should be reviewed before any attempt to gain admission. No refund will be provided due to any closure, capacity limitation, and/or full or partial shutdown resulting from any Federal, State, and local government health and safety orders. AOTG reserves the right to require a reservation and valid Pass on the day of entry.

ACKNOWLEDGMENT OF RISK.

The Passholder acknowledges that there are risks inherent in using AOTG premises and equipment and participating in Adventures and that these risks can cause serious and even fatal injuries.  The Passholder further acknowledges that the Adventures are outdoor activities in a wilderness environment with inherent risks and hazards where serious accidents can occur, participants can die, sustain injuries and property damage.  Passholder understands that operating any Water Craft of Device around solid objects, such as the shore line, rocks, other Water Craft or Devices, or other Water Craft or Devices or against or across the wake of any Water Craft or Device, has inherent more risk of injury.  Passholder affirms that Passholder will always ride any Water Craft or Device wearing a personal flotation device commonly known as a life Jacket. Inherent dangers of participating in any of the Adventures include, but are not limited to: falling or loss of balance; slick or uneven surfaces; improper use of equipment; changing weather conditions rocks; erosion; drainage channels; stumps; trees; tree wells; roots and branches; downed timber and other forest growth; sudden  or abrupt changes in speed, altitude, and/or direction; contact or collision with barriers, walls, rocks, and/or other objects; unmaintained or unmarked trails/roads or trail obstructions; collisions with natural objects, man-made objects, or other guests; variations in terrain; and the negligence or failure of Passholder, or other individuals to act safely or within their own ability including failure to stay within designated areas and comply with signage; varying visibility, storms, lightening, hail, and other adverse weather; limited access to and/or delay of medical attention; inadequate medical attention; Passholder’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or other sickness; and/or mental distress from exposure to any of the above.   PASSHOLDER UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOS TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF PARTICIPATING IN THESE ADVENTURES. PASSHOLDER AGGREES TO ASSUME ALL RISKS, INHERENT OR OTHERWISE. PASSHOLDER UNDERSTAND AND ACKNOWLEDGE THE ELEMENT OF RISK IN ANY SPORT OR ACTIVITY IN, ON OR AROUND THE WATER. PASSHOLDER IS FULLY AWARE OF THE RISKS AND DANGERS INHERENT IN ALL WATER ACTIVITIES SUCH AS, BUT NOT INCLUSIVE OF: RAFTING, BOATING, SWIMMING, WATER SKIING, WAKE BOARDING, TUBING, WADING AND DIVING. PASSHOLDER UNDERSTANDS AND ACKNOWLEDGES THAT PASSHOLDER’S FAILURE TO OPERATE ANY WATER CRAFT OR DEVICE IN ACCORDANCE WITH THE RULES DESCRIBED IN THIS ACKNOWLEDGEMENT OF RISK MAY RESULT IN PERSONAL INJURY OR DEATH, TO THE PASSHOLDER, MEMBERS OF THE PASSHOLDER’S PARTY OR THIRD PARTIES, DAMAGE TO PROPERTY OWNED BY PASSHOLDER, MEMBERS OF PASSHOLDER’S PARTY OR THIRD PARTIES, AND PASSHOLDER AGREES THAT PASSHOLDER IS RESPONSIBLE FOR SUCH RISK WITH RESPECT TO ANY SUCH PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY.

INDEMNIFICATION AND RELEASE

Passholder hereby releases and forever discharges on behalf of Passholder, Passholder’s heirs, assigns, personal representatives and estate and for all members of Passholder’s family and their representatives (collectively, the “Releasing Group Members”), Adventures on the Gorge, Aramark Sports and Entertainment Services, LLC and their respective affiliates, principals, directors, officers, agents, employees, representatives, stockholders, and volunteers, their respective insurers (collectively, the “Releasees”) from any and all liability of any nature for any and all losses, damages, injury or harm (including death) to or by the Passholder, as a result of the Passholder’s participation in the Adventure and/or use, or operation of the equipment, unless such losses, damages, injury or harm are caused by the gross negligence, recklessness and/or willful misconduct of the Releasees.

Passholder will defend, indemnify and hold AOTG, Aramark Sports and Entertainment Services, LLC and their respective affiliates, principals officers, directors, employees, representatives, stockholders, and volunteers ("Indemnified Parties"), from and against any and all claims, suits, fines, penalties, obligations, costs and expenses (including reasonable attorney's fees and costs), including claims by Passholder or by third parties (which may include members of Passholder’s party), incurred or suffered with respect to death or injury to persons or damage to property arising out of or related to Passholder’s use of equipment for Adventures and/or Water Craft or Devices or Passholder’s failure or that of any member of Passholder’s party to comply with Passholder’s obligations set forth in this agreement, including without limitation, claims asserting the concurrent or sole fault or negligence of all or any of the Indemnified Parties, excepting only claims arising out of the gross negligence, recklessness and/or willful fault of the Indemnified Parties.

LIMITATION OF LIABILITY.

PASSHOLDER UNDERSTANDs AND AGREEs THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE AOTG PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) THE OPERATION OF AOTG, INCLUDING THE OPERATION OF RESERVATION OR REDUCED CAPACITY SYSTEMS, (B) PASSHOLDER’S USE OF OR INABILITY TO USE SPLASH PASS, OR (C) ANY VIOLATION BY AOTG OF THESE TERMS OR OTHER TERMS OR POLICIES REFERENCED HEREIN. NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT IN THE AGGREGATE EXCEED THE AMOUNT PASSHOLDER PAID FOR THE SPLASHPASS PASSHOLDER PURCHASED.

Liability Exclusions and Limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to Passholder. To the extent that AOTG may not, as a matter of applicable law, limit AOTG’s liabilities, the extent of liability of AOTG Parties will be the minimum permitted under such applicable law. AOTG disclaims any warranties to the maximum extent permitted under applicable law.

GOVERNING LAW AND VENUE.

This Agreement will be construed in accordance with, and governed in all respects by, the laws of the State of West Virginia, without regard to conflicts of laws principles.

DISPUTE RESOLUTION.

ANY DISPUTE BETWEEN PASSHOLDER OR ANY OTHER PASSHOLDER AND AOTG OR AOTG STAFF ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. In the event of a dispute, controversy, or claim arising out of or relating in any way to these Terms and Conditions or use of AOTG Adventures and/or AOTG grounds/property, the complaining party shall notify the other party in writing. The demand for arbitration must be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event will it be made after one year from when the aggrieved party knew or should have known of the claim, controversy, dispute, or breach. The arbitration will be conducted by three arbitrators (each party shall elect an arbitrator within ten (10) days of commencement of arbitration, and the two arbitrators will select a third neutral arbitrator within twenty (20) days of their selection.) The arbitration will be conducted in Fayette County and the laws of West Virginia shall govern. Except as required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without prior written consent of all parties. Each party shall pay its own attorneys’ fees and costs and a proportionate share of the arbitrator fees and expenses.

WAIVER OF JURY TRIAL AND CLASS ACTION.

PASSHOLDER MAY ONLY RESOLVE DISPUTES RELATING TO OR ARISING OUT OF THESE TERMS ON AN INDIVIDUAL BASIS AND MAY NOT BRING AND EXPRESSLY WIAVE THE RIGHT OTO BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED. PASSHOLDER (FOR PASSHOLDER, MINOR CHILDREN FOR WHOM PASSHOLDER ARE SUPERVISING, AND EACH OTHER SPLASH PASS PASSHOLDER) AND AOTG IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

ELECTRONIC COMMUNICATIONS NOTICE.

Passholder agrees to provide a valid email address for the express purpose of receiving communications regarding this transaction. Passholder understands this may be the only manner by which Passholder will receive such communications. When Passholder use AOTG’s website or send emails to AOTG, Passholder is communicating with AOTG electronically. Passholder consents to receiving communications from AOTG electronically.  AOTG may communicate with Passholder by email or posting notices on the applicable website. Passholder agrees that all agreements and other communications that AOTG provides to Passholder electronically satisfy any legal requirement that such communications be in writing. It is Passholder’s responsibility to review the applicable websites and communications and stay apprised of such communications and posted notices. In order to access any such communications, Passholder must have a computer or other Internet-enabled device. In order to retain copies of any such communications, Passholder must have a printer or data storage device. If Passholder has a printer, Passholder may print paper copies of any such communications for Passholder’s own use. If Passholder wishes to withdraw Passholder’s consent for AOTG to communicate with Passholder electronically, Passholder may not use AOTG’s website and Pass.

SEVERABILITY.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, Passholder nevertheless agree that the court should endeavor to give effect to AOTG’s intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

MODIFICATIONS.

These Terms may only be modified by AOTG. No person, company, or customer representative, whether or not affiliated with AOTG, is authorized to modify any provision of these Terms, either verbally or in writing. AOTG expressly reserves the right, in its sole and absolute discretion, to modify any portion of these Terms, or any policy, procedure, or practice. If AOTG makes a material change to these Terms, AOTG will dispatch a notice to Passholder of such changes and/or post the amended terms on Adventuresonthegorge.com. Passholder is responsible for periodically reviewing these Terms for updates and amendments. Passholder’s purchase of a Splash Pass, Passholder’s payment of any deposit or other amount towards the purchase of any Splash Pass, Passholder’s use of Passholders Splash Pass, or Passholder’s failure to opt-out of Passholder Splash Pass, if applicable, following AOTG’s posting of revised Terms or dispatching of a change notice of revised Terms constitutes an acceptance of the amended terms.posting of revised Terms or dispatching of a change notice of revised Terms constitutes an acceptance of the amended terms.