Zipline Tour Guest Agreement
(Including assumption of risks and release and indemnity of liability)
Please read this document carefully. It must be signed by an adult (18 years of age and older) − guests to the premises of the zipline tour, including participants in the tour itself, trainees, group and individual chaperones and others (any of which is a “Guest”). If a Guest is a minor (under 18 year of age), his or her parent or court appointed, legal guardian (each referred to in this Agreement as “Parent”) must sign for himself or herself and on behalf of the minor. In consideration of the services of Pacific Crest Operations, LLC, dba Ziplines at Pacific Crest (“Operator”), I, adult Guest or Parent, for myself and to the maximum extent allowed by law, on behalf of the minor Guest, acknowledge and agree as follows:
DESCRIPTION OF ACTIVITIES: This Agreement applies to all aspects of a visit to the premises of the zipline tour, including enrollment, transportation and participation in the zipline tour itself, and related events or services provided, sponsored, authorized or allowed by the Operator (such zipline tour activities sometimes hereinafter referred to as the “zipline tour” or “the tour”). Guests are allowed to move about the premises on which the tour is located and in and around guest buildings and to hike on designated trails, complying with all posted signage and placards and instructions given by the Operator’s staff. Guests may be transported to the tour site and elsewhere in vehicles operated by the Operator. Guests may move across uneven and sometimes steep terrain, and climb stairs or ladders or other structures to access high platforms assisted by protective equipment (such as harnesses, lanyards and pulleys) and methods approved by the Operator. They then will traverse from platform to platform by means of high ropes course elements, ziplines , suspension bridges and sky-bridges at heights of up to 350 feet. Guests will descend from platforms by means of a rappel controlled by them or a device allowing a free fall and a mechanical lowering.
DESCRIPTION OF RISKS: The zipline tour is an inherently dangerous activity. The property on which the zipline tour is located is remote mountainous area, and includes rocky, steep and wooded terrain, very dry and loose dirt footing, cliffs, ravines, and creek beds which may be home to potentially harmful plants and animals, including but not limited to snakes, bears, ticks, and poisonous plants. The zipline tour operates at significant heights in trees and stands, and the structures and personal protective equipment, including but not limited to harnesses, lanyards, trolleys, pulleys, ascension devices, belay devices and lowering devices, may fail. Other guests and Operator staff may act carelessly, including by failure to adequately secure safety equipment. Environmental conditions, including weather, may cause illness and injury. The activities of the zipline, moving about its premises and transportation to, from and upon the premises will expose guests to injury risks such as falls, collision with other persons and fixed objects, scrapes, bruises, stings, broken bones, sprains, neurological damage, shock, and, in extraordinary cases, death. Circumstances may cause emotional upset, including hurt feelings, panic, or other psychological trauma. Medical care may be delayed for many hours.
RISKS OF EXPOSURE: The Coronavirus (COVID-19) pandemic is a worldwide risk to human health. COVID-19 is highly contagious and has a mortality rate many times greater than the flu. COVID-19 can spread easily and exponentially.
You agree and understand that it is your responsibility to exercise care to protect yourself, such as assessing your own risks, which may include age, underlying health conditions, recent travel, possible exposure to COVID-19, doctor’s recommendations, local, and State and Federal recommendations.
By signing below, you are declaring the foregoing is true, that you agree to take all recommended and reasonable actions to protect yourself and others from exposure to COVID-19, and that you assume the risk, as applicable, of participating in all aspects of the tour. You understand and agree that no one, including but not limited to tour guides and management, can guarantee that you will not be exposed to or contract COVID-19.Other risks will be encountered and injuries may occur in spite of efforts taken by the Operator’s staff to prevent them. The risks described above, and others, are inherent in a visit to the zipline tour and cannot be eliminated without changing the nature of the activities and the value and appeal of the visit.
ASSUMPTION OF RISKS: I, an adult Guest, am knowingly and willingly choosing to participate in the activities of the Operator, including those described above, and including transportation and moving about the premises of the Operator. I acknowledge and voluntarily assume ALL the risks of my visit, inherent and otherwise, whether or not they are described above. If the Guest is a minor, I, Parent, have discussed the activities and risks with him or her, and the minor child understands them and wishes to participate in the visit and activities nevertheless, and I consent to such participation.
AGREEMENTS OF RELEASE AND INDEMNITY: I, an adult Guest and/or Parent of a minor Guest (Parent, for myself and, to the maximum extent allowed by law, on behalf of my minor child or ward for whom I sign), hereby agree to release and agree not to sue Ziplines at Pacific Crest/ Pacific Crest Operations, LLC, its members, owners, officers, directors, staff, volunteers and independent contractors, and owners of the property on which the zipline is located (“Released Parties”) of and from any and all liability for any loss, damage, expense or injury, including death, that I, or my minor child or ward, may suffer, arising from or in any way related to my (or the minor’s) visit to the zipline tour, including transportation, participation in zipline activities and the use of its services, premises, and facilities. I further agree to hold harmless, indemnify, and defend (including to pay court costs and attorneys’ fees) the Released Parties and each of them from all liability for any claim, including damage to property or personal injury and death, by whomever it might be brought, including me, my minor child or ward, a member of my or the minor child’s family, a co-participant or otherwise, arising from or in any way related to my (or the minor’s) visit to the zipline tour, including transportation, participation in zipline activities and the use of its services, premises, and facilities. These agreements of release and indemnity include claims arising from the negligence (but not the gross negligence or intentionally wrong conduct) of a Released Party.
FURTHER ACKNOWLEDGEMENT AND AGREEMENT: I, an adult Guest and/or Parent of a minor Guest (for myself and on behalf of a minor for whom I sign) further acknowledge and agree as follows:
- By executing this Agreement on behalf of a minor child, I represent that I am the parent or legal guardian of the minor child and I understand that the Operator is relying on that representation. I agree that in the event of such a misrepresentation I will indemnity the Released Parties against any claim of injury or other loss arising out of the minor participant’s visit, and that I may be subject to other liability. By executing this Agreement on behalf of a minor child as a parent or legal guardian of the minor child, this Agreement and the release contained herein shall be irrevocable and binding on all parties.
- I authorize Operator's staff to either administer or obtain emergency medical care for me, or for the minor child, in the event of an illness or injury, and I agree to be responsible for all costs related to that care, including transportation.
- I hereby grant permission to the Operator's staff to use any photographs or video taken of me or the minor guest while on Operator's premises for any promotional purpose, without compensation.
- I have read, understand and will comply with the Guest Requirements displayed and furnished to me by the Operator and have correctly responded to all requests for information.
- I agree that the substantive laws of the State of California (but not those laws which may apply the laws of another jurisdiction) shall govern this Agreement and any dispute, regarding this Agreement or otherwise, between me, or the minor Guest, and a Released party. Venue of any suit shall lie exclusively in a court of proper jurisdiction in Los Angeles County, California, to the jurisdiction of which court I hereby consent.
- I agree that should any part of this Agreement be determined to be invalid by a court with proper jurisdiction, all other portions of this Agreement not so determined shall nevertheless remain valid and in full force and effect.
- I acknowledge that I have carefully read this Agreement and that I understand the terms set forth herein. I have further explained the terms of this Agreement to any minor child on behalf of whom I am signing this Agreement. No oral representations, statements, or inducements, apart from the foregoing written Agreement have been made.
- This Agreement contains the entire agreement between the parties, I am aware that by signing this Agreement I am waiving the rights described above, which I (or the minor on whose behalf I sign), or my (or the minor’s) heirs, next of kin, executors, administrators, assigns and representatives may have in the event of an injury or other loss. This Agreement will apply to the visit or visits occurring on the date provided below and to future visits, provided that a new agreement may be executed at a later time, pertaining to visits on that date and thereafter.
Dated: September 27, 2020