This License Agreement is between Wildlife Conservation Society (“WCS”) and you (“Participant”) and relates to Participant’s use of the Bronx Zoo Treetop Adventure apparatus and equipment, including the protective gear supplied to you by WCS (such equipment and gear are collectively referred to hereafter as the “Equipment”). Please read this License Agreement carefully, fill in all the necessary blanks and sign and date this License Agreement where indicated at the end. A parent/guardian (18+) must read, complete, sign and date this License Agreement for any Participant under age 18. This License Agreement, once signed as described above, will constitute a legally binding agreement between WCS and Participant.
WCS hereby grants to Participant a limited, non-exclusive, non-transferable, license to use the Equipment solely in the manner described in this License Agreement, subject to all of the terms, conditions, limitations, restrictions and eligibility requirements set forth herein.
- RULES AND RESTRICTIONS GOVERNING USE OF EQUIPMENT
Participant acknowledges that he/she has received or been shown a copy of the separate “Bronx Zoo Treetop Adventure Rules and Restrictions” (also found at bronxzootreetop.com/rules) which govern the use of the Equipment by Participant, and that he/she has read and understands such Rules and Restrictions. Participant agrees to abide by such Rules and Restrictions at all times.
- PARTICIPANT ASSUMPTION OF RISK
Participant acknowledges that using the Equipment is a strenuous physical activity that may result in personal injury, property damage or death due to known or unknown medical conditions or from hazards, conditions or circumstances including but not limited to Participant error, failure of Participant to follow safety instructions or negligence or other actions or inaction by WCS or by other Equipment users or Treetop Adventure participants. Participant hereby expressly agrees to assume all of such risks. Participant understands that the Equipment is used to allow Participant, while in a harness, to travel from elevated platform to elevated platform while attached to a safety line via a Smart Belay System. In the event of an Equipment evacuation, Participant must be able to climb down a ladder from the platform to the ground below. Participant may also sustain minor injuries, including but not limited to cuts, bumps, bruises, scrapes, muscle strains, friction burns and/or insect bites. Participant has voluntarily elected to use the Equipment despite the recognized and inherent dangers existing therein and despite the known and unknown risks of harm presented thereby. Participant will be provided training and will view an instructional presentation which contains information on various policies, procedures, training points, and other information relative to use of the Equipment. If Participant has any questions about the information provided during the training or otherwise, Participant will ask a WCS Equipment operator for answers and clarification before using the Equipment. Participant will not use the Equipment if he/she does not understand the answer or clarification provided to such a question. Participant represents that he/she meets all of the requirements for eligibility to use the Equipment that are contained in this License Agreement.
For and in consideration of the grant by WCS of a license to use the Equipment, Participant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage that Participant may have, or wrongful death actions or causes of action that Participant’s heirs may have, arising in any way as a result of Participant’s use of the Equipment or any activities incidental thereto, wherever or however the same may occur and for whatever period said activities may commence and continue. Participant agrees that under no circumstances will Participant nor Participant’s heirs prosecute or present any such claim against the WCS, the City of New York, Tree-Mendous Inc., Iwerks Entertainment, Inc., any of their parent companies, subsidiaries, affiliates, related companies or agencies, or any of the directors, trustees, officers, members, agents, servants or employees of any of the foregoing (collectively referred to hereafter as “Released Parties”) for any said causes of action, whether the same shall arise by the negligence of the Released Parties or otherwise.
Participant, on his/her own behalf and on behalf of his/her heirs, agrees that in the event any claim, suit, action or proceeding for personal injury, property damage or wrongful death shall be made or prosecuted against any of the Released Parties arising as a result of Participant’s use of the Equipment or any activities incidental thereto, Participant (and such heirs) shall indemnify and save harmless the Released Parties from and against any and all liability for damage or injury of any kind or nature arising out of Participant’s use of the Equipment or any activities incidental thereto, inclusive of attorneys’ fees and litigation costs, except as to a Released Party where the liability or damage results from the sole negligence of such Released Party.
Participant agrees that any claim for personal injury or property damage that Participant may bring (and any wrongful death claim that Participant’s heirs may bring) against any of the Released Parties arising as a result of Participant’s use of the Equipment or in connection with this License Agreement shall be resolved through binding arbitration with JAMS (formerly known as “Judicial Arbitration and Mediation Services”), or the successor to JAMS, for full and final resolution before one arbitrator, administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Participant further agrees that judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Participant acknowledges that by signing this License Agreement, Participant will be bound to resolve any claims in arbitration, and that Participant’s heirs will also be required to pursue any wrongful death claim that they may choose to bring in arbitration, as more fully described in this License Agreement, and that he/she and they will be precluded from pursuing a claim or lawsuit in court.
This License Agreement will be interpreted and enforced in accordance with the laws of the State of New York. If any provision of this License Agreement is held to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions of this Agreement shall be unaffected. This License Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all previous oral or written agreements of the parties with respect to such subject matter.
Participant hereby acknowledges that he/she has read this entire License Agreement and expressly agrees to all of its terms and conditions, including but not limited to assuming the risk of using the Equipment and of any activities incidental thereto. Participant makes this acknowledgement and enters into this License Agreement voluntarily, and further acknowledges that no representations, statements or inducements, whether oral or written, have been made to Participant by anyone in connection therewith, other than the express provisions contained in this License Agreement.
Date: August 7, 2020