The Adventure Park at Virginia Aquarium
(Including assumption of risks and agreements of indemnity)
Please read this document carefully. It must be signed by all adult (eighteen years and older) participants in the climbing, zip line and other activities at The Adventure Park at Virginia Aquarium located in Virginia Beach, Virginia and owned and operated by The Adventure Park at Virginia Aquarium, LLC (The Park). If the participant is a minor, at least one parent or legal guardian (parent or legal guardian being referred to in this document as Parent) must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the extent allowed by law, on behalf of the minor participant. If the minor is not accompanied by a Parent, the signature must be verified by a photo copy of the Parents valid drivers license. In the absence of a Parent, or the verified signature of either, another adult accompanying and responsible for the minor participant on the premises of the Park (Other Responsible Adult) must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the extent allowed by law, on behalf of the minor participant. The Parent or Other Responsible Adult agrees, among other things, to protect the Park and others from claims by or on behalf of the minor child and members of the minor child?s family, as set forth at the Indemnity and Additional Provisions sections, below.
In consideration of the services of the Park, I, an adult participant, Parent or Other Responsible Adult understand, acknowledge and agree as follows:
Activities and Risks
The Park operates as a concession of the Virginia Aquarium & Marine Science Center Foundation on land licensed to the Foundation by the City of Virginia Beach, Virginia. The Park consists of 1) The Aerial Forest Park --- more than 190 platforms installed in trees and connected by various configurations of cable, wood and rope to form bridges and zip lines over which participants will move at heights of up to 65 feet; and 2) The Labyrinth -- a pole-based climbing facility similar to that described at 1) above but at reduced heights. Park activities are self-guided. All activities require balance, agility, focus and strength in varying degrees as one participates in either the Aerial Forest Park or The Labyrinth.
Participants in the activities share the responsibility with staff for compliance with safety procedures, including the use of a safety harness. The harness must not be removed or loosened for any reason while participant is off of the ground. Should the harness loosen or be removed while on the ground, the Participant must have the harness checked for proper fit by staff prior to reentering a course. Staff must be notified if a harness loosens or safety clips do not function as described in an orientation. Before engaging in the activities, participants must read and understand all instructions, posted or otherwise conveyed, receive specific training in using the harness and other safety equipment, and understand and accept the risks involved. The Park may deny or terminate participation, or remove visitors from the premises at any time in its sole discretion.
Among the hazards and risks of the activities and use of the premises and equipment of The Park are the following: sometimes uneven terrain; falls and abrupt and possibly harmful contact with other persons, structures and objects (fixed and moveable); carelessness and misjudgments of participants and staff of The Park, including by failing to follow proper procedures, instructions and the operating policies; the failure of structures and equipment; and the forces of nature, predictable and unpredictable. Participants may experience an increased heart rate and other symptoms of anxiety and stress due to, among other things, heights, physical exertion and reliance on others. Injuries may include broken bones, sprains, strains, bruises, wounds and other contusions and, in extreme cases, emotional upset, anxiety and even death.The risks described, and others, including the possibility of negligence of other participants and staff, are inherent in the activities that is, they cannot be eliminated without chilling active participation and destroying the essential nature and the social and instructional value of the activity.The description of risks above is not intended to be complete and I understand that other unknown or unanticipated risks, inherent and otherwise, may be encountered.
Assumption of Risks
I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume all the risks of enrollment and participation in the activities and moving about the premises of The Park, inherent or not, and whether or not described above. If I am the Parent or Other Responsible Adult of a minor participant, as described above, I have discussed the activities and risks described above with the minor child who understands and accepts them.
If I am an adult participant, Parent or Other Responsible Adult, I agree, to the extent allowed by law, to indemnify (that is, to defend and satisfy by payment or reimbursement, including costs and attorneys fees) The Adventure Park at Virginia Aquarium, LLC, The Virginia Aquarium & Marine Science Center Foundation, and the City of Virginia Beach, together with their respective owners, members, employees, officers and staff (each of whom is an Indemnified Party) from any claim of injury, disability, death, or other loss or damage to person or property, brought by me or by or on behalf of the minor child, a co-participant in the activities, a rescuer, a member of my, or the minor childs, family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor child, or caused by me or the minor child, related in any way to, or arising in whole or part from my or the minor child?s visit to the premises of The Park or participation in any Park activity.
This agreement of indemnity includes loss or damage caused or claimed to be caused in whole or in part by the negligence of an Indemnified Party, but not intentional wrongs or the gross negligence of an Indemnified Party.
If I am an adult participant, Parent or Other Responsible Adult, I acknowledge and agree to the following additional provisions:
In any lawsuit or other action against The Park or another Indemnified Party arising from bodily injury, death, property loss or damage, I agree that, to the extent permitted by law, the total amount recoverable by me or the minor child for such bodily injury, death, property loss or damage shall not exceed the amount of $1,000,000.
The Park does not have medical personnel or treatment available to visitors. I hereby authorize and grant permission to The Park to secure emergency medical treatment for myself or the minor child, if necessary. I represent that I, or the minor child who is a participant, has no medical or health condition which might cause me, him or her to be a danger to ourselves or to others. I agree to be responsible for all costs of medical care, including transportation, for myself, or the minor child. I am, or the minor child is, covered by adequate medical health insurance to provide for any medical costs that may be incurred.
I consent to the reproduction and use by Outdoor Venture Group LLC, its Adventure Parks and assigns, of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes; and I release The Park and every other Indemnified Party from liability for any violation of any personal and/or proprietary right I or the child may have in connection with such reproduction or use.
I agree that any proceeding arising out of or relating to my or the minor child?s participation at The Park or this Agreement shall only be brought in the Circuit Court for the City of Virginia Beach, Virginia, or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Virginia, Norfolk Division, and I irrevocably submit to the exclusive jurisdiction of each such court, waive any objection to venue or to convenience of forum, agree that all claims in respect of the proceeding shall be heard and determined only in any such court and agree not to bring any proceeding arising out of or relating to this Agreement in any other court.
I agree that any dispute, including any lawsuit brought by me or by or on behalf of the minor child, or involving the interpretation of this Agreement, shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to conflicts-of-laws principles that would require the application of any other law.
I agree that I will pay all costs and attorney's fees incurred by any Indemnified Party in defending a claim or suit brought by me, or by or on behalf of the minor child, if the claim or suit is non-suited or voluntarily dismissed or to the extent a court determines that the Indemnified Party is not responsible for the claimed injury or loss.
If any portion of this agreement is determined to be unenforceable by a court of competent jurisdiction, the reminder shall nevertheless remain in full force and effect. This agreement, which consists of this and the preceding one page, will apply to all visits to the Park made by me or the minor child after its execution; provided however that new agreements may be executed in the future which will apply to visits thereafter.