Activity Participant Agreement
Including Assumption of Risk and Agreements of Release, Indemnification and Agreement not to Sue
The parties to this contract are the Marshall County Park and Recreation Board, Grand Vue Park Canopy Tours and Adventure Park, their owner’s officers, affiliates, employees and agents, the equipment manufacturers and distributors and the persons signing below, including the participant in the activities of Grand Vue Park Canopy Tours, Adventure Park, Paintball, Mountain Biking, Competitive Running Races, Golf, Fitness Classes or Day Camps.
This form must be read, understood, and signed by all Participants, adults and minors (persons under 18 years of age) AND by a parent or legal guardian (each referred to as “Parent”) of a minor Participant. Parent signs for himself or herself and on behalf of the minor child. No applicant may participate in an activity unless these signatures are provided.
Description of Activities Covered:
I understand that this agreement includes any and all activities in any way related to services provided, arranged, organized, conducted, sponsored, authorized or allowed by Grand Vue Park. Grand Vue Park includes, but is not limited to the following activities/situations/elements in which I am knowingly and willingly choosing to participate:
- Moving About the Property. Grand Vue Park allows the Participant to walk freely in and around buildings and Welcome Center facilities as well as hike on designated trails. The Participant must agree to follow all signage and placards.
- Vehicle Transport. Transport in any vehicle used by Grand Vue Park.
- Orientation and Instructional Courses. Guide conducted safety briefings in outfitting areas or on instructional elements designed to educate the Participant.
- Stairways and Ladders. Structures built to enable the Participant to ascend steep slopes or access high platforms by climbing. This may require the use of personal protective equipment (such as harnesses, lanyards and pulleys) and methods approved by Grand Vue Park.
- Platforms. Structures built at heights of up to 70 feet that allow the Participant to stand and move about freely while using personal protective equipment (such as harnesses and lanyards) and methods approved by Grand Vue Park.
- Zip Lines or Traverse Cables. Cables suspended at heights up to 300 feet designed for the Participant to traverse using personal protective equipment’s (such as harnesses, lanyards and pulleys) and methods approved by Grand Vue Park.
- Suspension Bridges or Sky Bridges. Bridges built at heights up to 70 feet that allow the Participant to traverse from platform to platform using personal protective equipment such as harnesses, lanyards and pulleys) and methods approved by Grand Vue Park.
- Rappels. Controlled descents on rope using personal protective equipment (such as harnesses, lanyards, belay devices) and methods approved by Grand Vue Park.
- Other. Any other activity in any way related to Participant’s enrollment and participation in any of the activities provided by Grand Vue Park.
- Participants must wear closed-toe shoes.
- Participants must be able to walk one mile and climb seven flights of steps.
- Participants must be in moderate to good health with no pre-existing leg, neck, back, or heart condition.
- Participants must meet the weight requirements for each individual activity.
- Children ages 13 and below must be accompanied by an adult, and must be able to participate independently of the adult.
- I hereby certify too Grand Vue Park that I am in good health and so not suffer from a heart condition or any other ailment which could be exacerbated by the exertion involved in participating in the Canopy Tour and Adventure Park.
- In participating in the Canopy Tour and Adventure Park I will be required and hereby agree to use the safety equipment supplied by Grand Vue Park, namely lanyards, harnesses, and pulleys.
- I understand that I must wear close toed shoes at all times.
- I further understand and acknowledge that I will be removed from the Canopy Tour, Adventure Park, Paintball area or any other activity if it is determined that I have misrepresented these representations or failed to comply with the same, without any reimbursement of any fees.
- I understand and acknowledge that I am being permitted to participate in the Canopy Tour, Adventure Park, Paintball area or any other activitiy based on these representations.
Description of Risks:
I understand, acknowledge and accept that participation with Grand Vue Park involves risks and that a number of these risks are inherent too Grand Vue Park and cannot be eliminated without changing the essential nature and educational values of the activity as well as its appeal. The inherent risks associated with Grand Vue Park may include, but are not limited to, the following: Emotional risks such as hurt feelings, panic or psychological trauma i.e. fear of heights. Physical risks such as small scrapes and bruises, bites, stings, skin rashes, broken bones, sprains, neurological damage, shock and in extraordinary cases, death. The property on which Grand Vue Park is located includes rocky, wooded terrain, ravines, and creek beds which may be home to potentially harmful plants and animals, including but not limited to snakes, ticks and poison ivy. Injuries may be a natural consequence of the activity undertaken a consequence of structural design or failure, a consequence of personal protective equipment failure including but not limited to harnesses, lanyards, pulleys, ascension devices, lowering devices, Helmets and masks or a consequence of environmental hazards. Injuries may occur in spite of efforts taken by Grand Vue Park and staff to prevent them.
Assumption of Risk:
I acknowledge and voluntarily assume the risks of illness, injury and death associated with these activities, inherent or otherwise, and whether or not they are described above. I understand that the activities include those described above. If the Participant is a minor, I, Parent, have discussed the activities and risks with him or her, and the child wishes to participate nonetheless.
In consideration of participating in the Canopy Tour, Aerial Adventure Park or any other activity which I and my group (if any) have contracted for with Grand Vue Park, I the undersigned Participant, and/or the Parent of a minor Participant, agrees as follows:
- I understand the nature of the activities that I will be engaging in as described above.
- I understand that there are risks of injury and death associated with these activities and that these risks cannot be entirely reduced or eliminated from the activities.
- I understand that Grand Vue Park may refuse a canopy tour and participation in adventure park and other activities to persons Grand Vue Park or their agents deem a hazard to themselves or others.
- I hereby release Grand Vue park, its staff, owners, directors, volunteers, independent contractors, representatives and owners of the property on which the tour and adventure park is conducted from any and all liability of loss, damage, expense of injury, including death, that I, or the minor, or a member of our respective families may suffer, from my (or the minor’s) presence on the canopy tour and adventure park, its facilities, and participation in the tour and adventure park’s activities or any other activities. This release extends to claims arising from any cause whatsoever, including negligence, breach of contract, products tour’s activities. This release extends to claims arising from any cause whatsoever, including negligence, breach of contract, products liability or breach of any duty to protect me (or the minor) from risks of hazards of the canopy tour and adventure park’s activities, excepting gross negligence or intentionally wrongful conduct.
- I hereby agree to hold harmless and indemnify (that is, defend and pay, including costs and attorney’s fees) the above-mentioned parties and each of them from liability for any claim, including damage to property or personal injury and death, to any third party, arising from or in any way related to my (or the minor’s) presence on the canopy tour and adventure park, its facilities, and participation in the tour’s activities.
- I accept responsibility for any expenses that may be incurred for any illnesses or injury that may result from my participation in Grand Vue Park’s programs including the costs of evacuation, hospitalization and medical treatment.
- Grand Vue Park reserves the right to use video or other photographic images of Participants for future marketing, educational or other purposes and the Participants hereby consent to such use without compensation.
- I have read, fully understand and hereby agree to the terms of this agreement, and am signing below intending to be legally bound thereby.
- Grand Vue Park reserves the right to use videos or other photographic images of Participants for future marketing, educational or other purposes and the Participants hereby consent to such use without compensation.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN OR MY ESTATE MAY HAVE AGAINST GRAND VUE PARK, IT’S DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR ASSIGNS.
Date: December 15, 2018