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First Flight Adventure Park

6716 S Croatan Hwy

Nags Head, NC 27959

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

Notice By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in Aerial Adventure Park and other activities(collectively the Activities) provided by First Flight Adventure Park, LLC (the Host), the Participant, and theParticipants parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted bylaw, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participantsparticipation in the Activities or the use of any equipment provided by the Host (Equipment), including while receiving
instruction and/or training;

2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity towhich the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s)understand that there are inherent risks of participating in the Activities and using the Equipment, which may be bothforeseen and unforeseen and include serious physical injury and death;

3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expensethat the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use ofthe Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legalguardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation to the fullest extent permitted by law. However, nothing in thisAgreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;and

4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity towhich the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or
expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use ofthe Equipment, including while receiving instruction and/or training.

5) Further, I am advised that if I am sick or feeling that I am getting sick or if I am a member of a high-risk group it has been requested by owner that I stay at home and not participate in the activities of the adventure park including those activities described above. Further I am fully aware of the general recommendations of the CDC as it regards to social distancing, handwashing and disinfection. I am aware that older adults and persons with underlying health conditions are considered to be in a high-risk group, and therefore are at an increased risk of severe illness and complications from COVID-19. Examples of underlying health conditions include heart disease, lung disease, diabetes, people with weakened immune system’s and people who are pregnant. The CDC recommends that people in high-risk groups consult with their healthcare provider about attending any functions or gatherings where participants will it be in close proximity to each other. I am also aware that the activities described above are ones where from time to time during the activity there will be close contact/proximity and other persons, and also contact with surfaces and other persons (who possibly may be infected with COVID-19) have come in contact with an outdoor adventure environment. RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS& INDEMNIFICATION AGREEMENT

 

 

Photography Release

Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participants participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

Personal Responsibility

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.  Each Participant must weigh less than 250lbs

The Participant and his/her parent(s) or legal guardian(s) understand that Participants participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Hosts Equipment and facilities before any participation.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise ofcommon sense and by being aware of his/her surroundings.

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participants personal safety or that of others,Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in anyproceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THISAGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
How did you hear about us?
Friend/family
Driving by and saw the course
Social Media
Real Estate Company
Visitors Guide
Internet search
Radio Commercial
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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