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---LEGAL NAMES ONLY---
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Bunch Enterprises, LLC. DBA Jayell Ranch Family Adventure Park, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BE"), I hereby agree to release, indemnify, and discharge BE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participating in guided saddle animal trail rides and tours, ATV, zip swing and ziplines, outdoor tubing activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: collision with fixed objects or people; slipping and falling; musculoskeletal injuries including head, neck, and back injuries; exhaustion; bruises, sprains, strains, broken bones or fractures; concussions; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; transmissible pathogens or disease; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; the machine or other equipment may fail; and slips and falls are always a possibility. A horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or injured by the horse. Horses may do such things as bite, kick, buck, lie down, or stumble. Saddles may slip and other tack or saddle problems may develop as a result of normal use and wear. Your horse may collide with obstacles or encounter variations in terrain such as creeks, water, bridges, traveled roads, wild animals, birds, stump, forest growth, debris, rocks and cliffs and other obstacles whether obvious or not and whether man made or natural. Riding a horse requires the participant to balance on the saddle. Saddle girths are saddle fasteners around horse’s belly might loosen during a ride. If a rider notices this, he/she must alert the nearest guide or wrangler as quickly as possible, so action can be taken to avoid slippage of saddle and a potential fall from the horse. Accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; the negligence of other participants, or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure or operator error; weather conditions; my own physical condition, and the physical exertion associated with this activity.
Furthermore, BE personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in ATV related activities and a secured certified helmet for zip line activities.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BE 's equipment or facilities, including any such claims which allege negligent acts or omissions of BE.
- Should BE or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against BE, I agree to do so solely in the state of Tennessee, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BE on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I also agree that this document is valid for subsequent visits and participation at BE.
Signature of Participant
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of ______________________________________________________________________(print minor's name) ("Minor") being permitted by BE to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless BE from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent or Guardian: ___________________________ Print Name: ________________________________ Date: _____________
I, ___________________ hereby grant and authorize BE the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for any lawful promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration.
This authorization extends to all languages, media, formats and markets now known or later discovered.
This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing.
I waive the right to inspect or approve any finished product in which my likeness appears, including written or electronic copy.
I agree to this release without being compensated. I waive any right to royalties or other compensation arising or related to the use of the photograph.
I understand and agree that these materials shall become the property of BE and will not be returned.
I hereby hold harmless and release BE from all liability, petitions, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.