PLEASE READ COMPLETE AGREEMENT CAREFULLY
REGISTRATION, WAIVER & RELEASE OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT
For the purposes of this Agreement, the following terms shall have the following definitions:
- “Facilities" shall mean the grounds and other facilities, equipment and improvements situated on or forming part of the property located at 30200 Scenic Byway Road, Henderson, MN 56044.
- “KCT” shall mean KCT Operating I, LLC.
- “Releasees” shall mean KCT, its owners, shareholders, landlord, directors, officers, employees, agents, clients, customers, other participants, contractors, subcontractors, affiliates, subsidiaries, agents, representatives, successors and assigns.
In consideration of the services provided by Releasees, (“Participant”), does hereby acknowledge and agree to the following:
Description of Canopy Tour:
KCT provides adventure recreation and environmental education. The Canopy Tour includes approximately fourteen (14) Zip Lines, one (1) Suspension Bridges, multiple Spiral Staircases and Interpretive Hikes. Zip Lines are high cable traverses using safety harnesses and associated hardware. Participants zip through the forest canopy and must step off high platforms to begin their traverse on the Zip Lines. Participants wear safety harnesses clipped into overhead cables with attached safety lanyards. Participants will be lead through the Canopy Tour by guides. Guides will assist with equipment and equipment transfers, but it is Participant’s responsibility to follow instructions and monitor the continued fitness and readiness of Participant’s equipment. Participants must be sufficiently fit and able to control the speed of participant’s travel along the Zip Lines by grasping the cable above participant’s head with leather gloves. Participants also may be required upon occasion to pull themselves along a stretch of cable if participants lose momentum before reaching any given landing platform. Participant hereby certifies and confirms that he/she is physically and mentally capable of performing and completing the tasks described above.
Participant must weigh between seventy (70) and two hundred fifty (250) pounds to participate in the Canopy Tour.
Description of Aerial Adventure Park:
The aerial adventure park is a system of poles, ropes, cables, lumber and platforms over and on which Participants will climb and traverse as they attempt a series of challenging activities at height. Participants wear safety harnesses with two safety lanyards clipped into overhead cables. The activities are self-guided and Participants will be required as they move about the course to unclip one of the safety lanyards and clip it onto the next cable before the second lanyard can be unclipped. Although KCT staff will be on the ground to provide verbal assistance throughout the adventure, Participants should not assume they are being supervised or even observed by staff during the experience. Many of the activities require significant physical exertion. Participant hereby certifies and confirms that he/she is physically and mentally capable of performing and completing the tasks described above.
In the Aerial Park Adventure, Participants 7 and older who, standing flat-footed, can reach 5'0" are required to go with an adult (18+). Participants 7 and older can go alone if, standing flat-footed, they can reach 5'5". The maximum weight per Participant allowed in the Adventure Park is 275 lbs.
Description of Ball Run:
The ball run consists of Participant placing a ball approximately 1½” in diameter at the start of an obstacle course. The ball then rolls downhill through the obstacle course. Participant may, but is not required to, run alongside the course following the progress of the ball as it rolls through the course. There may be staggered starts so that there will be participants at various points along the course at the same time. Participants who choose to run alongside the course must remain on the trail next to the course and alert to the location and movements of other participants. The trail is uneven and KCT will not be supervising or controlling the movement of participants along the course. Participant understands that he/she could trip and fall and that participants could bump into each other. Participant hereby certifies and confirms that he/she is physically and mentally capable of performing and completing the tasks described above.
Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, pregnancy, arthritis, tendonitis or other joint and muscular-skeletal problems may impair the safety and well-being of participants on the course, as may other medical, physical, psychological and psychiatric problems. All such conditions may increase the inherent risks of the Canopy Tour and Aerial Adventure Park and cause Participants to be a danger to themselves and/or others. Participants with underlying medical problems must carefully consider those risks before choosing to participate and they must fully inform tour staff in writing of any such medical problems prior to beginning the Canopy Tour and Aerial Adventure Park. KCT reserves the right to exclude any applicant from participation for medical, safety or other reasons. However, it is Participant’s sole obligation to assess the risks involved and determine whether he/she is able and willing to participate in the Canopy Tour or Aerial Adventure Park. Participant represents that there are no health related reasons or conditions which would prevent him/her from participating in any of the activities described above.
There are various risks involved with participating in the Canopy Tour and Aerial Adventure Park including, without limitation, the risk of injury, disability, death, and property damage. The emotional risks include, without limitation, unwelcome or inadvertent touching, hurt feelings, panic and psychological trauma. The physical risks include, without limitation, scrapes, lacerations, bruises, bites, stings, broken bones, sprains, strains, neurological damage, and death. The property on which the tour is conducted includes, without limitation, hilly, rocky, slippery and wooded terrain, cliffs, and ravines, and potentially harmful animals. Environmental hazards including, without limitation, weather and terrain, may escalate the risks. Injuries may result from equipment failure or errors in judgment of, or failure to exercise reasonable care by, guides, staff or participants, and may occur in spite of any efforts to prevent them.
Participant understands and assumes all risk of infection by COVID-19 coronavirus from any source including, but not limited to, employees, other participants, participation in the Canopy Tour, Aerial Adventure Park and/or the Ball Run and use of the Facilities. Participant is responsible for maintaining appropriate social distancing from other persons while at the Facilities. Participant is prohibited from entering the Facilities if experiencing any of the following symptoms:
- Shortness of breath or difficulty breathing
- Repeated shaking with chills
- Muscle pain
- Sore throat
- New loss of taste or smell
KCT reserves the right to require Participant to leave the Facilities immediately if it believes Participant is exhibiting any of these symptoms, fails to maintain appropriate social distancing, or otherwise creates a risk of infecting others, all as determined in KCT’s sole discretion. KCT also reserves the right to check Participant for symptoms and take his/her temperature.
Assumption of Risks:
Participant hereby acknowledges, understands, accepts, and assumes all of the risks described above and any other risks that may be involved in entering the Facilities and participating in the Canopy Tour and/or Aerial Adventure Park and/or Ball Run.
Waiver and Release:
Participant agrees, to waive, release, relinquish and forever discharge Releasees, on behalf of himself/herself, and his/her heirs, assigns, personal representatives and estate (Releasing Parties) from any and all claims and liability of any sort or kind whatsoever, whether known or unknown, whether in tort or contract, as a consequence or arising out of (a) illness, injury, disability and/or death to or of Participant at the Facilities including as a result of Participant’s use of the Facilities or participation in activities offered at the Facilities, (b) damage to or destruction of vehicles or other property brought to the Facilities by Participant, (c) the performance, or failure to perform, maintenance, inspection, supervision or control of the Facilities and (d) negligent selection and training of guides and staff, or negligent supervision or instruction of participants by guides and staff. Participant understands and agrees this waiver and release covers damage, injuries and death caused by Releasees’ own negligence as well as the actions or failure to act on the part of Participant or other participants.
Releasing Parties further hereby agree to defend, indemnify and hold harmless Releasees (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses) from and against any and all liabilities and claims by anyone related in any way to Participant’s participation in the Canopy Tour, Aerial Adventure Park and/or Ball Run, as well as use of the Facilities, including any and all claims for death, personal injury, property damage, economic losses, damages and theft, even if caused by Releasees own negligence.
Further Authorizations & Agreements:
Participant authorizes anyone working at the Facilities to call for medical care for Participant or any minor in Participant’s care, or to transport Participant or any minor in Participant’s care to an appropriate clinic or hospital. Participant authorizes a licensed health care provider or other first-aid provider to carry out emergency medical care deemed reasonably necessary for Participant or any minor in Participant’s care in an emergency where normal permission is unavailable. Participant agrees to pay all costs associated with such medical care and related transportation for Participant or any minor in Participant’s care, and Participant hereby indemnifies and holds harmless Releasees from any cost incurred by them in connection therewith.
Participant hereby grants full permission to use any photographs or videos of Participant and each minor in Participant’s care taken during their participation in activities at the Facilities for any purpose in promoting activities at the Facilities and/or promoting KCT.
PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS ITS CONTENTS. PARTICIPANT UNDERSTANDS THAT, AMONG OTHER THINGS, HIS/HER SIGNATURE BELOW EXPRESSLY WAIVES ANY RIGHTS HE/SHE HAS TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR THEIR NEGLIGENCE AND FOR PERSONAL INJURIES, DISABILITY, DEATH OR PROPERTY DAMAGE. PARTICIPANT FURTHER UNDERSTANDS THAT THIS AGREEMENT IS A CONTRACT THAT MAY LIMIT HIS/HER LEGAL RIGHTS AND THAT IT IS BINDING UPON PARTICIPANT AND PARTICIPANT’S HEIRS, ASSIGNS AND LEGAL REPRESENTATIVES.
Date: September 28, 2020