I (a “Participant”) hereby acknowledge that I understand the risk of injury or death and the physical demands that are associated with my participation in the activities of TreeUmph! Adventure Course (TAC). I understand that TAC has many inherently dangerous activities and challenges, including, but not limited to, jumping, climbing, using ladders, zip-lining, maneuvering through obstacles, activities at heights and other inherently dangerous activities authorized by TAC on or about the premises (collectively, the “Activities”). In consideration of my participation in the Activities, I hereby acknowledge and agree to the above and the following: I understand that in order to participate in the Activities, I need physical strength and stamina and that if I lack the strength and stamina, I am putting myself at risk for injury or death. I acknowledge and agree that this WAIVER is valid for the current calendar year and that it is my duty to notify TAC if my health condition or physical ability has changed before I participate. I agree that I will call for assistance if I need assistance in the Activities. I agree that I can be asked to leave the Activities and not be entitled to a refund if: it is determined by a staff member that I am unfit to continue participation in the Activities because I lack the physical strength required to complete the Activities; I am not following staff member instructions for the Activities; or for any other valid reason. While participating in the Activities, I acknowledge that I am required to wear at all times the TAC provided safety harness that has two support cables that I must fasten and unfasten from the main safety lines as I proceed through the TAC. I must always keep one support cable attached to the main safety line. I understand that if I should lose my footing along the TAC, I could fall the length of the support cable and I understand that if I lose my footing on the TAC, I can call for assistance and wait for a staff member to help me in my descent from the TAC. Staff members will instruct me on the proper use of such equipment and will be available to answer any questions concerning proper use of the equipment. I agree to cover the cost of repair or replacement if I damage or lose any of the equipment loaned to me by TAC. I hereby represent to TAC that I do not weigh over 275 pounds and acknowledge and agree that failure to meet such weight restriction can significantly increase the inherent risks of injury during participation in the TAC. A misrepresentation of my weight, or of any other characteristic pertaining to safety on the TAC (intentional or not) shall cause me to be a trespasser at TAC, subject to immediate expulsion from the premises without refund. I understand that I could sustain a physical injury or death because of my participation in the Activities. I will be in a natural setting with man-made elements where I could experience a slip and fall from significant heights, scrapes, bruises, cuts, dislocations, broken bones, damaged teeth, pinched fingers and serious injuries to the head, back, or neck, suffer from insect or animal bites or stings, encounter plants, trees, or animals that causes irritation or allergic reactions, suffer heat stroke, be struck by a man-made element, or be injured or killed as a result of coming in contact with natural or man-made elements of the Activities or another guest or staff member of TAC. I understand that I could be exposed to transmission of communicable infectious diseases. These risks are inherent in a visit to the TAC, meaning such risks cannot be eliminated without altering the nature of the Activities and the premises. Understanding these risks, I choose to participate in the Activities. In case of emergency, TAC may obtain or provide emergency hospitalization, surgical, or other medical care for my benefit and I will pay all costs related to such care, including, but limited to, costs of transportation. I acknowledge that TAC is not responsible for any personal items, left in the care of staff or not, which are lost, stolen or damaged. I HEREBY RELEASE, discharge and covenant not to sue TAC, their administrators, directors, agents, officers, volunteers and employees, any sponsors, advertisers, and owners and lessors of the premises on which the Activities take place (each considered one of the “Releasees” herein), from and for all liability, claims, demands, losses or damages on my account (collectively, the “Damages”) caused or alleged to be caused in whole or in part by the negligence of TAC or other Releasees or otherwise (provided, however, that in the event this instrument is being signed by a natural or legal guardian for participation by an individual under 18 years of age, then this paragraph shall not be applicable to Damages caused or alleged to be caused by the negligent or intentional act(s) of TAC or other Releasees, but shall continue to remain in force for Damages caused or alleged to be caused by inherent risks or the negligent or intentional act(s) of the minor child or another participant, not including TAC or other Releasees); and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against TAC or other Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS TAC and other Releasees from any litigation expenses, attorney fees, loss, liability, damages or cost which any may incur as a result of such claim, to the fullest extent permitted by law. This Acknowledgement and Waiver of Risk shall be governed by the Laws of the State of Florida, without regard to the principles of conflicts of law thereof, and exclusive jurisdiction and venue for any claim arising hereunder or against any one or more of the Releasees lies with State of Florida Court sitting in the county in which the TAC is located. Should any provision herein be declared invalid or unenforceable by a court of competent jurisdiction, then such provision shall be construed, if possible, to the extent it is valid and enforceable, and such declaration shall not affect the validity or enforceability of any other provision herein, and all other provisions herein shall remain in full force and effect. I have read and understand all the terms and conditions stated in this form and voluntarily agree to take part in the Activities. Participants under the age of 18 must have the signature of their natural or legal guardian. I agree that TAC and its licensees are allowed to use video images or photographs in which I appear for advertising purposes without payment or other consideration required. I will follow these rules: - I will participate in the demonstration course.
- I will follow the instructions of the TAC staff.
- I will keep at least one of my safety harness support cables attached to a main safety line at all times.
- I will wear appropriate footwear, not sandals or flip-flops.
- No clothing may be tied around the waist or otherwise be too loose that it could become caught on the equipment.
- All supplied equipment will be returned immediately after its use.
- I will only participate if I am physically fit, less than 275 pounds in weight, and am not under the influence of alcohol or medication.
- If I fall and/or am unable to continue on the Adventure Course, I will call for help and wait for a TAC staff member to assist me.
- I will not walk under the Activities. I will stay on the marked trails when I am on the ground.
- Participants under the age of 16 must stay with an adult supervisor at all times. Such participants are not permitted to complete the Activities if such adult supervisor stops supervising the Activities.
***Multiple Participants limited to Participants within one family living at the same residential address*** (IF UNDERAGE PARTICIPANT - LESS THAN 18 YEARS OF AGE) **The below must be signed by your natural or legal guardian, even if the guardian is also listed as a Participant above** NOTICE TO THE MINOR CHILD'S NATURAL OR LEGAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF TAC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM TAC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND TAC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. Source: Section 744.301, Florida Statues AND I, each above listed minor’s natural or legal guardian, understand the nature of the activities provided by TAC and each minor’s experience and capabilities and believe the each such minor to be qualified to participate in such activity. Further, I have explained the Activities and potential risks to each minor, who understands them and wishes to participate in the Activities nevertheless. I HEREBY RELEASE, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS TAC and other Releasees from all liability, claims, demands, losses, or damages on each minor’s account caused or alleged to be caused in whole or part by the negligence of TAC or other Releasees or otherwise, and further agree that if, despite this release, I, a minor, or anyone on the minor’s behalf makes a claim against TAC or any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS TAC and other Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost any of them may incur as the result of any such claim, to the fullest extent permitted by law. I have read the Release Agreement above, and I agree to be bound by its terms. Dated: February 21, 2026 |