I have made a voluntary request to participate in the Dells Zipline Adventure & Aerial Park activities ("Program").
I, the parent or guardian of the Minor made a voluntary request for the above-named child to participate in the Dells Zipline Adventure & Aerial Park activities ("Program").
1. In consideration of Dells Zipline Adventures & Aerial Park. allowing the Participant to participate in the Program I do hereby agree:
That I am aware that participating in the Program may be physically and emotionally demanding and dangerous and the Participant may be subject to personal injury, death, or damage to the Participant, or to the Participant’s property by participating in any way with the Program and that I freely, voluntarily, and with such knowledge assume the risk of death, personal injury, or property damage arising from or in any way connected with the Program. The risks associated with participating with the Program include but are not limited to the following: cuts, scrapes, bruises, fractures, debilitating injuries, fatalities, medical problems due to the challenging and physically demanding nature of the Program including heart problems, pregnant woman may place the mother and unborn children at risk, falls and other unpredictable risks.
2. That Dells Zipline Adventures & Aerial Park its sureties and insurers, all personnel of Dells Zipline Adventures & Aerial Park, and each of them, shall not be held responsible or liable for any injury, damage, loss or expense, either to the Participant, or the Participant’s property, incurred while participating in any way with the Program, except if caused by an intentional act or gross negligence of Dells Zipline Adventures & Aerial Park.
3. FOR THE PARTICIPANT, AND PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, I DO RELEASE, INDEMNIFY, PROTECT AND DEFEND DELLS ZIPLINE ADVENTURES & AERIAL PARK, AND ALL OFFICERS, OWNERS, EMPLOYEES, SUPERVISORS, VOLUNTEERS, AND OTHERS EMPLOYED OR PROVIDING SERVICE FOR DELLS ZIPLINE ADVENTURES & AERIAL PARK. HARMLESS FROM ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS, DEMANDS, DAMAGES, ACTIONS, SUITS, PROCEEDINGS, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER SUFFERED, MADE, INSTITUTED, OR ASSERTED BY THE PARTICIPANT OR ON BEHALF OF THE PARTICIPANT, OR BY THE PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, OR BY ANY OTHER ENTITY, PARTY, OR PERSON FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR FOR ANY LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY, ARISING OUT OF, CONNECTED WITH, OR RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S PARTICIPATION IN THE PROGRAM AND WHICH ARISES BY REASON OF ANY ACTUAL OR CLAIMS OF NEGLIGENT OR WRONGFUL ACT OR OMISSION OF THE PARTICIPANT THAT OCCURS WHILE PARTICIPATING IN THE PROGRAM. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the conclusion of the Participant’s participation in the Program. AN ADULT SIGNING THIS WAIVER FOR A MINOR IS AGREEING TO INDEMNIFY DELLS ZIPLINE ADVENTURES & AERIAL PARK, ON BEHALF OF THE CHILD PARTICIPANT, EVEN IF THE ADULT MAY NOT BE THE GUARDIAN OR LEGAL GUARDIAN OF THE CHILD PARTICIPANT.
4. That I understand that Dells Zipline Adventures & Aerial Park has the right to deny participation and that it is Participant’s responsibility as a participant to follow the safety standards, guidelines, and procedures established by the staff/instructors. If the Participant does not understand specific instructions from the staff/instructor at any time, I realize it is the responsibility of the Participant to ask for clarity and/or assistance.
5. I authorize the leader of the activities to secure such medical advice and services as deemed necessary for the Participant’s health and safety and agree to accept financial responsibility. I give my consent to the instructors or other medical personnel to treat the Participant in a medical situation.
6. I consent for all purposes to reproduce and use of photographs and video by the Dells Zipline Adventures & Aerial Park for advertising. In giving this consent, I release the Park and its nominees and designees from liability for any violation of any personal and/or proprietary right I may have in connection with reproduction or use.
If any provision of this waiver shall be deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect as if the unenforceable provision does not exist. I have carefully read this Waiver and Release and fully understand its contents. I am aware that by signing this Waiver and Release, I am waiving substantive legal rights of the Participant, and knowing this, I sign it of my own free will. I hereby represent that I have carefully read and understand the contents of this document and sign the same of my own free will.