Trinity Forest Adventure Park, Inc. and Morning Star Productions, Inc. aka, The Southern Cross
ACKNOWLEDGEMENT OF RISK AND HAZARDS,
LIABILITY RELEASE AND ASSUMPTIONS OF RISK.
Please read carefully before signing. This is a legal document and a release of legal rights.
Risks and hazards: The following are risks and hazards of the Morning Star Productions, Inc (MSP), aka The Southern Cross (TSC) and the Trinity Forest Adventure Park (TFAP), including Rock Climbing Walls, Pedal Boats, Volleyball, Basketball, Horseshoes, Bungee Trampoline, Bounce House, Pony and/or Horseback Riding, Hiking, and other physical activites and/or facilities colletively known as The Activities and I acknolwedge that:
Risks and hazards: The following are risks and hazards of the Morning Star Productions, Inc. (MSP), aka The Southern Cross (TSC) and the Trinity Forest Adventure Park (TFAP), including Rock Climbing Walls, Pedal Boats, Zip Lines, Volleyball, Basketball, Horseshoes, Bungee Trampoline, Bounce House, Pony and/or Horse Riding, Hiking, and other physical activities and/or facilities, collectively known as The Activities and I acknowledge that:
The Activities are inherently dangerous with risks of injury and death and property damage including but not limited to:
- falling, slipping, jolting, jarring or shaking
- uneven and/or slippery ground or track conditions, high elevation
- adverse weather conditions, natural elements
- encounters with plants, insects or animals
- breaks, sprains, strains, bruises and other contusions
- collisions with other participants or man-made or natural objects
- carelessness and misjudgments on the part of spectators, participants or Staff, including failure to follow proper procedures, instructions and the operating policies of MSP, TSC or TFAP
- rocks, trees, stumps and other forms of forest growth or debris
- equipment failure, malfunction, or improper use of equipment
- my health condition, physical exertion, dehydration, fatigue, anxieties and fears associated with heights dizziness
- other risks and dangers that can reasonably be inferred from the other risks and dangers listed here
These risks and dangers are obvious and necessary to participate in the Activities.
There may be other risks not known or not reasonably foreseeable at this time.
Having a TFAP and/or MSP and/or TSC employee present does not reduce the amount or severity of the risks or hazards of these Activities.
If I violate any TFAP, MSP or TSC rules I may have my pass revoked and be asked to leave the premises without refund.
I made a voluntary choice to participate in the Activities even though there are risks and dangers.
Assumption, Release, Covenant: In consideration of the terms of this agreement and as an express condition of my participation in the Activities, I hereby agree:
- to assume all dangers and risks, inherent or otherwise, of injury, death and property damage resulting from my participation in the Activities at TFAP, MSP and TSC; and refrain from reckless conduct that is not consistent with safe and prudent participation in the Activities, or violates the rules or the law;
- not to sue and not to bring a claim against and agree to release and forever discharge MSP, TSC and TFAP, their respective employees, officers, managers, parent companies, affiliates, mortgagees, agents, and their successors in interest the premises, from all liability for injury, death, property loss and damage that results from activities that are in any way related to my participation in the Activities, the use of any equipment, including all liability that results from the negligence of MSP, TSC or TFAP, or any other person or cause; and all claims that I may now have against MSP, TSC or TFAP, or claims of which I am not aware or are not mentioned in this release. This release applies to claims resulting from anything which has happened up to now:
- agree to indemnify MSP, TSC, TFAP, and their officers, employees, or agents from any and all losses, liabilities and attorney fees resulting from any claims or suits for personal injury, death and/or property damage that arise out of my participation in the Activities, use of any equipment, or any other activities at the premises, regardless of how or by whom or by what the personal injury, death and/or property damage was caused, or any subrogation or derivative claims brought by any third party or insurer for injury or damage I may cause;
- that this agreement is legally binding on me, my heirs, executors, administrators and assigns; is governed by the laws of the State of Texas; and will be interprete to provide as broad and inclusive a release of liability as is legally permissible, but it is not intended to assert any claims or defenses that are prohibited by law;
- to grant exclusive permission to MSP, TSC and/or TFAP to use my image(s) for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration;
- that exclusive jurisdiction and venue for any legal action against MSP, TSC and/or TFAP is in Dallas County, Dallas, Texas or the federal courts of the U.S. District Court, Northern District of Texas and those courts have personal jurisdiction;
- that MSP, TSC and/or TFAP are granting me permission to use the premises, their facilities, and equipment in exchange for me signing this agreement; and
that this agreement will survive and continue in force beyond the end of the current Activities season with respect to any liability, injury or damage occurring before that time.
November 14, 2019