Participant Agreement

(Including assumption of risks and agreements of release, and indemnity)

Each adult (18 years of age and older) participant in an activity of Challenge Towers (herein referred to as "CT") must sign this agreement.  If the participant is a minor, a parent or other legal guardian (both herein referred to as "Parent") must sign on behalf of a minor participant.

In consideration of the services of Challenge Towers, Inc., I, an adult participant or Parent of a minor participant hereby acknowledge and agree as follows:

Activities:  CT activities are conducted within challenge course, aerial adventure park, canopy/zip tour, and other indoor and outdoor environments.  These courses may involve systems of poles, trees, ropes, cables, lumber, and platforms over and on which participants move as they attempt a series of challenging activities at height and may include giant swings, zip lines, free fall devices and other challenges.  The level of exertion required for the activities will be similar to a day of moderate to strenuous exercise.  Activities will vary in height and may reach in excess of 100 feet above ground level.  Participants will be provided with necessary equipment and receive a general orientation to its use.  Participants should not assume they are being supervised or even observed by staff during the activity.  Activities are subject to the unpredictable forces of nature, and may be so remote that emergency medical and other care is delayed.  Participants will have choices regarding their participation and will not be required to participate against his or her wishes.

Risks:  I understand and acknowledge that CT activities involve risks which could result in damage to my or my minor child's property, injury, or in extreme cases even death.  A participant may slip, fall, be struck by falling objects, or expereince 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 may expereince motion sickness or other negative physical effects similar, under some condition, to a rollar coaster ride.  Participants may expereince close personal contact with others and inadvertent but possibly unwelcome touching.  Participants may be in situations in which thay must depend on others for their physical well being.  I understand that the staff of CT and other participants may make mistakes that could cause harm to me or the minor participant.  The risks described above, and others are inherent in CT activities; that is, without them the activities would lose their essential character and value.

Acknowledgment and Assumption of Risks:  As an adult participant or parent of a minor participant, for myself, or on behalf of the minor for whom I sign, I acknowledge and assume the risks of being enrolled and participating in the activities of CT, inherent and otherwise and whether or not described in this document. If I am the Parent of a minor participant, I have discussed the activities and their risks with the minor, who understands them and chooses to voluntarily participate.

Release of Liability:  As an adult participant or as a parent of a minor participant (parent, for myself and, to the extent allowed by the laws of North Carolina, on behalf of a minor), I agree to release and not to sue or otherwise make any claim against CT, and its owners, directors, employees, agents and contractors (the Released Parties) with respect to injury, death, illness, disease, damage to property or any other loss suffered by me or my minor, arising out of or in any way related to me or my minor being enrolled in or participating in a CT training. 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 or parent of a minor participant, 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 my minor being enrolled in or participating in a CT training.  This agreement of indemnity includes claims of others for losses caused by my, or my minor's, conduct, and claims of others, including family members, arising from a loss suffered by me or my minor. 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 soley the responsibility of the participant and the parents of a minor participant, inconsultation 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.  Particpants must weigh less than 275 pounds or meet the specifications of the manufacturer of the facility at which the activities are hosted, whichever is lower.  Particpants must not be under the influence of drugs or alcohol.  CT's acceptance of a participant with a medical condition must not be interpreted as CT's acceptance of any responsibility for the management of a medical emergency or other event arising from that condition.

By signing this agreement, I declare that neither I, or my minor participant 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 CT to provide or obtain medical care for me, or my minor at my expense. 

Other:  I understand that I or my minor participant for whom I sign below may be photographed or videotaped while enrolled in a CT activity, and I, for myself and for my minor participant consent to the use of such images for informational and publicity purposes on the CT website or other media, without compensation.

In the event of a dispute between a Released Party and me, or my minor, I understand and agree that any mediation or suit must be filed and maintained 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 CT activities occuring at any time up to and including December 31 of the year in which this agreement is signed.  Participation in CT 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 of any injury or loss sufferd 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 CT.