“Boone Creek Outdoor Center” “Boone Creek Outdoors” “Boone Creek Anglers Club” “Boone Creek Canopy Tour” “Boone Creek Volunteer Program” “Daniel Boones Challenge” Participant contract and acceptance of all responsibility for and waiver of all liability claims resulting from activities conducted at the Boone Creek Outdoor Center and all related entities or names on or off premises. This form must be read, understood, and signed by each Participant. If Participant is a minor (person under the age of 18) a parent or legal guardian for said minor Participant must complete and sign this form for the minor. If parent/legal guardian is also a Participant, parent must sign for himself or herself on a separate copy of this form. No applicant may participate in any activities at the “Boone Creek Outdoor Center” including the Zipline Canopy Tour, Volunteer Program and Team Building programs, fishing, hiking, boating, climbing or others, unless these signatures are provided. Description of Provider (Boone Creek Outdoor Center, Boone Creek Outdoors, Boone Creek Anglers Club and Boone Creek Zipline Canopy Tour, Boone Creek Volunteer Program, Lodge, Cabin or Creekside house rentals) Activities: “Boone Creek Outdoor Center” including Boone Creek Outdoors, Boone Creek Anglers Club, Boone Creek Zipline Canopy Tour, Daniel Boones Challenge, Hiking, Fishing, Boone Creek Volunteer Program and all other activities conducted on or off premises under these names (Provider) provides opportunities for outdoor and adventure recreation, guided and self-guided fishing, hiking, boating, swimming, climbing, ziplining, tree climbing, team building, games, camping, lodging, environmental education, agricultural, any and all “Ecotourism” and “Agritourism”, invasive species removal, trash pick-up, and other outdoor and educational activities not specifically listed. Description of Zipline Canopy Tour: The Zipline Canopy Tour includes Ziplines, Skybridges, Stairways, Hiking Trails, and other related activities. Ziplines are high cable traverses using safety harnesses and associated hardware. Riders zip through the upper forest canopy and are challenged with the difficulties of stepping off a high platform, confronting a fear of heights, and the risks associated with these and other new challenges. Skybridges are walkways high in the forest canopy consisting of planking supported by steel cables and cable handrails. Participants wear safety harnesses clipped onto overhead steel cables with attached safety lanyards. Tour groups will generally be limited to 8 participants accompanied by two guides. The tour through the forest canopy will be led by a guide trained to lead participants towards their desired recreational and educational outcomes. All equipment will be fitted and checked by the staff, progress throughout the tour will be closely monitored and all equipment transfers will be performed by the guides. Participants must be reasonably fit and able to control the speed of their travel along the ziplines by applying pressure to the cable with leather gloves. They may also be required to self-rescue by pulling themselves along a stretch of cable in the event they lose momentum before reaching any given landing platform. Description of Daniel Boone’s Challenge: The Challenge course consists of a series of elevated bridges, platforms, obstacles, a final zip line, and other necessary ground, platform and deck based activities. This tree based aerial challenge course is self guided, with participants wearing personal protective equipment and a trolley that allows for a continuous belay on a lifeline cable separate from the cable supports of the elements on the tour. Participants exit the course on a zipline to the ground and may disconnect from the course and return to start and reconnect to go through the course as many times as they like during the time allotted for their tour experience. The D.B. Challenge course may be combined with other activities at B.C.O. Participants may be as young as 4 years old if accompanied by an adult chaperone. Description of Team Building Activities: Adventure challenge programming includes educational activities that are designed to engage participants in active, hands-on learning. A program may include any or all of the following. Adventure Games. Fun, cooperative games with low physical risk, designed to break down barriers and inhibitions among group members, usually in preparation for other program activities.
Group Initiatives. Challenging activities with varying degrees of physical and emotional risk, some of which may require physical spotting to reduce the incidence of injury. Activities may range from low-risk (passing a ball in a pattern around a circle) to high-risk (climbing a 12-foot wall with assistance from other group members). Initiatives give a group practice in collaboration, problem-solving, communication, and leadership sharing; and are particularly valuable for building a greater sense of community among members.
Low Ropes and Trust Activities. These activities invite group members to practice giving and accepting emotional and physical support. All events require spotting to reduce the risk of physical injury and include such activities as trust falls, rope swinging, close-to-the-ground tightrope walking, and lifting and carrying by group members. Many of these events may form the basis of a group initiatives challenge. Description of Boone Creek Outdoors Volunteer Program: Volunteer days are conducted monthly under supervision of Boone Creek Outdoors Staff. Program includes removal of invasive species on the property such as winter creeper and bush honey suckle, trash pick-up, and other landscaping and maintenance tasks. Volunteers are responsible for their own health and well-being and may bring water, food, appropriate medication, sunscreen, and appropriate clothing. Program may include any or all of the following. Invasive Species Removal. Use of tools/other items including but not limited to hand shears, hedge shears, bypass loppers, machetes, herbicide, hand saws, chainsaws, extended trimmers, string trimmer, rake, pitch fork, etc. Personal Protective Equipment may or may not be provided by Boone Creek Outdoors including but not limited to safety glasses and gloves. Medical Concerns: All activities conducted by or at the “Boone Creek Outdoor Center” including all those referenced above are designed for use by participants of average mobility and strength who are in reasonably good health. Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, arthritis, tendonitis, or other joint and muscular-skeletal problems may impair the safety and well-being of participants on the course; as might other medical, physical, psychological and psychiatric problems. All such conditions may increase the inherent risks of the experience and cause the Participant to be a danger to themselves or others. Participants with underlying medical problems that put them at greater risk of injury or illness during any outdoor recreational activities including the Zipline Canopy Tour, Volunteer Program and Team Building program must carefully consider those risks before choosing to participate, and must fully inform the tour staff, in writing, prior to the beginning of the tour. Provider reserves the right to exclude any applicant from participation, for medical, safety, or any other reasons.
Inherent and Other Risks: Serious injuries are uncommon in outdoor activities including Zipline Canopy Tours, Volunteer Program and Team Building program activities, but the risk of injury or death certainly exists, by reason of falls, contact with other participants and fixed objects, use of tools and chemicals, moving about or being transported on the grounds on which the activities are initiated and conducted. A number of risks are inherent to the activities. These are risks that cannot be eliminated without changing the essential nature and educational value of the experience. The emotional risks range from unwelcome or inadvertent touching, simple hurt feelings to panic and psychological trauma (such as fear of heights). The physical risks range from small scrapes and bruises to bites and stings, broken bones, sprains, neurological damage, and in extraordinary cases, even death. The property on which the tour, volunteer program and team building program is located includes hilly, rocky, and wooded terrain, ravines, poison ivy, and animals which may bite or sting. Injuries may be a natural consequence of the activities undertaken, as a result of the environmental hazards (including terrain and weather), a result of errors in judgment or other negligence of staff or participants, or otherwise: and may occur in spite of the reasonable efforts of staff to prevent them. In all cases, these inherent risks, and other risks which may not be inherent, whether or not described above must be accepted by those who choose to participate. In consideration of the access to the Boone Creek Outdoors facilities and activities including those referenced above and the Zipline Canopy Tour, Volunteer Program and Team Building program which I have contracted for with Provider, I, the undersigned Participant, agree as follows:
INITIAL EACH ITEM confirming you have read, understand and agree to each statement. 1. I understand the nature of the activities that I will engage in as described above. I understand there are risks of injury and death associated with these activities. I acknowledge and voluntarily assume the risks of illness, injury, and death associated with these activities, inherent and otherwise, and whether or not described above, including those which may result from the negligent acts or omissions of other participants or staff. 2. I hereby release, indemnify, and hold harmless Provider, its owners, agents, and employees, and the owner or owners of the property on which the tour is conducted (the Released Parties) from, and agree not to sue them for, any liability for causes of action, claims and demands of any kind and nature whatsoever that may arise out of or relate in any way to my enrollment or participation in Provider’s programs. The claims hereby released and indemnified include, among others, claims of other participants and of members of Participant’s family and claims of negligence of a released party, but not the claims of gross negligence or willful injury. 3. I accept responsibility for any expenses that may be incurred for any illness or injury that may result from my, or my minor child’s enrollment or participation in Provider’s programs, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury or loss of life that I may sustain through my participation in Provider’s programs. 4. I am physically able to safely complete the Zipline Canopy Tour, Daniel Boone’s Challenge, Volunteer Program, Team Building program and any other “Boone Creek Outdoors” activities which I elect to participate in. My participation in this activity is purely voluntary, no one is forcing me to participate, and I have elected to participate in spite of the risks. I have no history of illness or injury, I am not pregnant, and I am not currently using any substance, medicine, drug or alcohol, which may hinder my ability to participate on any Zipline Canopy Tour, Daniel Boone’s Challenge, Volunteer Program, and Team Building program or other recreational or educational activities. Assumption of Risk: I understand that participation in the “Boone Creek Outdoor Center” activities including the canopy tour, volunteer program, any and all “Ecotourism” and “Agritourism” related activities entails the risk of serious physical and emotional injuries, illness, permanent disability, dismemberment and death, and may also involve the risk of economic and property loss or damage. I understand that these risks may result from the actions, negligence, or failure to act of myself and others (including, but not limited to other participants, Boone Creek Outdoors staff, tour guides, and tour operators, and from the condition of any property, facilities or equipment used in connection with the canopy tour and related activities. These risks include, but are not limited to: exposure to extreme or inclement weather, including lightning and temperature extremes; the hazards of walking on uneven terrain; including slips and falls; risks from contact with equipment, tools, or other participants; emotional risks, such as panic or trauma from a fear of heights; the risk of falling from significant heights; the risk of drowning; risks from unmarked and unprotected topographic hazards such as cliffs, ravines, caves, falling trees or rocks; exposure to dangerous animals, biting or stinging insects, venomous reptiles, and harmful plants; possible exposure to infectious diseases, such as influenza and COVID-19, and risks associated with strenuous physical activity such as dehydration. I also understand that there may be risks involved that are not known to me or others, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the canopy tour. I willingly and expressly assume all such risks associated with participation in the canopy tour and related activities, as well as the risk of any negligence by other participants, tour guides, tour personnel, or owners of any of the property on which the tour is located, and the risk of injury caused by the condition of any property, facilities or equipment used during the canopy tour or related event, and accept personal responsibility for any injury (including but not limited to physical and emotional injuries, disability, dismemberment and death, illness, damage, loss, claim, liability, or expense of any kind or nature that I, any minor for whom I am legal guardian, or my property may suffer arising out of or in connection with participation in the canopy tour or related activities. If a minor for whom I am legal guardian is participating in the canopy tour, I hereby make the above assumption of risk on said minor’s behalf. Release/Indemnity: On behalf of myself, any minor for whom I am legal guardian that participates in the canopy tour or related activities, our heirs, estate fiduciaries, and assigns, I hereby release, covenant not to sue, and forever discharge and hold harmless Boone Creek Properties, LLC, Carey Technologies Inc, “Boone Creek Outdoor Center”, Boone Creek Outdoors” “Boone Creek Anglers Club” “Boone Creek Volunteer Program” “Boone Creek Zipline Canopy Tour”, as well as their affiliated companies, neighbors, members, managers, employees, officers, directors, shareholders, volunteers, contractors, and subcontractors (collectively, “Released Parties”) from any and all costs, claims, losses, liabilities, damages and demands of whatever nature arising from or in any way related to my participations, or the participation of any minor for whom I am legal guardian, in the canopy tour or related activities. I further agree to indemnify and hold each of the Released Parties harmless from and against any and all such claims, including but not limited to all attorney’s fees and expenses. I understand that this release and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties, and covers bodily injury (including death), property damage and loss by theft or otherwise, whether suffered before, during or after participating in the canopy tour and related activities. Physical Condition/Medical Release: Medical, physical, psychological and psychiatric problems such as obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, arthritis, tendonitis, or other joint and muscular-skeletal problems may impair the safety and well-being of participants on the canopy tour, volunteer program, or any other activities. As a condition to participate in the canopy tour and related activities, I hereby certify that I am not pregnant, do not suffer from any physical, mental or emotional condition or impairment that by my participation in the canopy tour and related events would put myself or others at risk, and am physically fit for participation in the canopy tour and related activities. I further certify that I weigh between 70 and 270 pounds (Not applicable to volunteer program or guided hiking). I understand and acknowledge that accidents or injuries may occur in locations or under circumstances where medical attention is not readily available. I authorize, at my cost, any medical treatment deemed necessary by attending medical personnel if I am not able to act on my own behalf or my ward’s behalf. I acknowledge, however, that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide medical treatment. WARNING: Under Kentucky law, there is no liability for an injury or death of a participant in an agritourism activity conducted at this agritourism location if the injury or death results exclusively from the inherent risks of the agritourism activity and in the absence of negligence. You are assuming the risk of participating in this agritourism activity. KRS 247.8091 (2). Publicity Rights: I hereby grant the Released Parties the right to photograph, record and/or videotape me and further to display, edit, use and/or otherwise exploit my name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, including, without limitation, publication of participation in the canopy tour or related events, without compensation, residual obligations, reservation or limitation, or further approval, and I agrees to indemnify and hold harmless the Release Parties for any claims associated with such grant and right to use the Released Parties are, however, under no obligation to exercise any rights granted herein. Other: I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Kentucky, and that this Release shall be governed by and interpreted in accordance with Kentucky law. Any legal action arising out of or related to this BOONE CREEK CANOPY TOUR PARTICIPANT ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT shall be brought in either the Fayette Circuit Court or the United States District Court for the Eastern District of Kentucky. I agree that in the event that any clause or provision of the Release is to be held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of the Release, which shall continue in full force and effect. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY. By signing below, I acknowledge and affirm that I have read, understood, and executed this Release as of the date first above written.
I understand that Provider may refuse participation in its Zipline Canopy Tour, Challenge course, Volunteer Program, Team Building program, or other activities to any person that its owners, agents, or employees deem a hazard to themselves or to others. Provider may alter its published or announced requirements for participation in its Zipline Canopy Tour, Volunteer Program, Team Building program and/or activities for use of its property at any time and for any reasons that it may deem appropriate.
I agree that should any part of this Agreement be judged invalid by a court with proper jurisdiction that all other parts not so judged shall nevertheless remain valid and in effect. Provider reserves the right to use voice, video or other photographic images of Participant for future marketing, educational, or other purpose, and Participant (and Parent or legal guardian) hereby consent to such use, without compensation. The laws of the Commonwealth of Kentucky shall govern in this agreement and that the courts with jurisdiction Fayette County shall have jurisdiction in any dispute that may arise between Participant and Provider. I have read, fully understand, and hereby agree to the terms of this agreement, voluntarily and with knowledge of the activities and their risks. I acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representatives, entities, and estates.
Date: April 27, 2024 |
