Each adult (18 years of age or older) participant in an activity at High Gravity Adventures, Inc. (herein referred to as HGA) must sign this agreement. If any participant is a minor, a parent or other legal guardian (both herein referred to as "Parent") must sign, for themselves and on behalf of anyminor participant(s). If the parent or legal guardian is also a participating adult, this agreement is binding upon him or her in both capacities.
In consideration of the services of the High Gravity Adventures, Inc., I, an adult participant and/or Parent of minor participant(s) hereby acknowledge and agree as follows:
Activities: High Gravity Adventures, Inc., activities are conducted within an aerial adventure park in an outdoor environment. An aerial adventure park is a system of poles, ropes, cables, lumber, and platforms over and on which participants move as they attempt a series of challenging activities at height. The level of exertion required for the activities will be similar to a day of moderate to strenuous exercise. The facility also includes a zip line tour, giant swing ride and a ground based obstacle course. The zip line tour includes a shuttle van ride to the start area that will cross active railroad tracks. Activities will vary in height and may exceed 100 feet above ground level. Participants will be fitted with necessary equipment and receive a general orientation to its use within the park. Participants should not assume they are being supervised or even observed by staff during the experience. Activities are subject to the unpredictable forces of nature. Participants will have choices regarding their participation and will not be required to participate against his or her wishes. Participants under the age of 14 will be subject to various supervisory requirements which must be understood and abided by at all times. These requirements have been made available through the HGA website and signage in the registration area of HGA. Participants 14 or older may participate in activities without supervisory restrictions.
Risks: I understand and acknowledge that activities at HGA involve risks which could result in damage to my or any minor childs property, injury, or in extreme cases even death. A participant may slip, fall, be struck by falling objects, or experience other unintended contact with natural or man-made structures or other persons. Weather conditions can change quickly and participants will be subject to heat and cold, sudden showers and other weather conditions. Participants on the Giant Swing may experience motion sickness or other negative physical effects similar, under some condition, to a roller coaster ride. Participants may experience close personal contact with others and inadvertent but possibly unwelcome touching. Participants may be in situations in which they must depend on others for theirphysical well being. I understand that the staff of HGA and other participants may make mistakes that could cause harm to me or the minor participant(s). The risks described above, and others are inherent in HGA activities; that is, without them the activities would lose their essential character and value.
Acknowledgment and Assumption of Risks: As an adult participant and/or parent of minor participant(s), for myself, and on behalf of any minor(s) for whom I sign, I acknowledge and assume the risks of being enrolled and participating inthe activities of HGA, inherent and otherwise and whether or not described in this document. If I am the parent of any minor participant(s), I have discussed the activities and their risks with the minor(s), who understands them and chooses to voluntarily to participate.
Release of Liability:As an adult participant and/or as a parent of minor participant(s) (parent, for myself and, to the extent allowed by the laws of North Carolina, on behalf of any minor(s)), I agree to release and not to sue or otherwise make any claim against HGA, the owners of the premises on which the activities of HGA are conducted and the landlord of those premises, and the respective owners, directors, employees, agents and contractors of each (the Released Parties) with respect to injury, death, illness, disease, damage to property or any other loss suffered by me or any minor(s), arising out of or in any way related to me or any minor(s) being enrolled in or participating in a HGA activity. This release includes, among others, claims of breach of contract, breach of warranty and strict liability and claims of negligence of a Released Party but not claims of gross negligence or intentionally wrongful conduct.
Indemnity: As an adult participant and/or parent of minor participant(s), I agree to indemnify (that is, defend from claims and pay judgments, including costs and attorneys fees) the Released Parties and each of them from claims arising from me or any minor(s) being enrolled in or participating in activities of HGA. This agreement of indemnity includes claims of others for losses caused by my, or any minors, conduct, and claims of others, including family members, arising from a loss suffered by me or any minor(s). This agreement of indemnity includes claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct.
Medical Statement: A decision to participate is solely the responsibility of the participant and the parents of any minor participant(s), in consultation with their physician, as they deem necessary. Among the conditions which might affect a person's active participation and concerning which potential participants should consult a physician are the following: cardiac or circulatory issues, asthma, seizure disorders, phobias (including fear of heights and close personal contact with others), allergic reactions, diabetes, pregnancy, head, neck, or spinal injuries, orthopedic conditions, and recent surgeries. In accordance with the specifications of the park manufacturer, participants on the zip line tour must weigh at least 75 pounds and participants of all activities must weigh less than 265 pounds. Participants must not be under the influence of drugs or alcohol. HGA's acceptance of a participant with a medical condition must not be interpreted as HGA's acceptance of any responsibility for the management of a medical emergency or other event arising from that condition. HGA will issue a full refund to anyone who chooses not to participate or is disqualified from participation for medical reasons prior to commencing the activities.
By signing this agreement, I declare that neither I, nor any minor participant(s) has any condition which might cause us to be a danger to ourselves or to others.
In the event of a medical emergency, I hereby authorize the staff of HGA to provide or obtain medical care for me, or any minor(s) at my expense.
Other: I understand that I and/or any minor participant(s) for whom I sign below may be photographed or videotaped while enrolled in HGA activities, and I, for myself and for any minor participant(s) consent to the use of such images for informational and publicity purposes on the website or other media of HGA or it's affiliates, Challenge Towers Inc. and Aerial Adventure Technologies LLC., without compensation.
In the event of a dispute between a Released Party and me, or any minor(s), I understand and agree that any mediation or suit must be filed and maintained exclusively in Watauga County, North Carolina, and the laws of the State of North Carolina (but not those which may apply the laws of another jurisdiction) will apply to the dispute.
This Agreement pertains to HGA activities occurring at any time up to and including December 31 of the year in which this agreement is signed. Participation in HGA activities thereafter, if any, will be the subject of another agreement.
Warning:A person who forges the name of another or misrepresents his or her status (as an adult, or parent, for example) bears fully, by contractual indemnity, estoppel or otherwise, the responsibility for any injury or loss suffered by or caused by the person whose participation was facilitated by that forgery or misrepresentation.
I acknowledge and agree that I have read this agreement in its entirety, understand it completely, and agree to be bound by its terms. I agree that it may not be modified except by a written document signed by me, and an authorized representative of HGA.