This Agreement must be signed and agreed to by all adult (18 years and older) participants in the activities of an aerial adventure park (“The Park”) operated by Boundless Adventures Berlin LLC, a Massachusetts limited liability company (sometimes referred to in this agreement as Boundless Adventures). If the participant is a minor, at least one parent or legal (court appointed) guardian of the minor must also agree and sign below, for themselves and, if and to the extent allowed by governing law, on behalf of the minor.
In consideration of the services of Boundless Adventures, I an adult participant or parent or guardian of a minor participant, acknowledge and agree as follows:
ACTIVITIES: “Activities", as used in this Agreement shall refer to all activities, events and services provided, authorized or allowed by Boundless Adventures at The Park, including, though not exclusively, climbing, swinging and otherwise moving over and about the course itself - a system of rope bridges, zip lines, and other structures in trees and at heights of up to fifty feet including without limitation, the use, participation, access, departure, parking, orientation, and otherwise being on and moving about the premises on which The Park is located and access to The Park.
RISKS: I am aware that participating in the Activities will expose participants and persons accompanying participants to risks, dangers and hazards including but not limited to, the following: equipment may malfunction or be used improperly, including the failure to keep equipment fastened; over-exertion, falls, and collisions with other persons, structures and objects; falling timber; and moving beyond the boundaries of The Park. These risks may arise from the negligence of other participants, the operators, owners or other persons at The Park – that is, any of these persons may act unreasonably in protecting you, themselves and others from danger. The Activities are self-guided and require balance, agility and moderate strength. Participants must not assume that they are being supervised or even observed by staff. Special attention must be paid by participants to the proper use of the safety harness. The harness must not be removed or loosened while the participant is off the ground and participants must ensure that the fit is checked by staff prior to reentering a course or if the harness loosens or safety clips do not function as described in the participant’s orientation. These and other risks can cause loss or damage to property, personal injury and even death. They are inherent; that is, they cannot be avoided without altering the basic character of the Activities.
The Park has strict requirements regarding the supervision of children under the age of fourteen years, by a parent, guardian or other adult. These requirements are posted at the Park’s website: https://boundlessadventures.co/. Before engaging in the activities, participants must read and understand all rules and instructions, posted or otherwise conveyed, receive specific training in using the harness and other safety equipment, and understand and accept the risks involved. The Park may deny or terminate participation at any time in its sole discretion, without a refund of fees paid or other expenses, including if a participant is unwilling or unable to follow the rules of The Park, or otherwise is a danger to himself or herself or to others.
ASSUMPTION OF RISKS: I understand and assume all risks, dangers and hazards of the Activities, inherent and otherwise and whether or not described above. If the participant is a minor I, parent or guardian, have discussed the Activities and risks with the minor, who understands them and wishes to participate nevertheless. I understand the dangers involved in participating in the Activity and agree to take all reasonable precautions to avoid injury to myself and others and damage to property in connection with my participating in the Activities.
RELEASE AND INDEMNITY: I, an adult participant, or parent or guardian of a minor participant (for myself and, to the maximum extent allowed by law, on behalf of the minor participant), agree to release, discharge and not to sue Boundless Adventures Berlin LLC and the owner of the land on which The Park is located and their respective owners, members, officers, employees, staff and agents (the “Released Parties”) with respect to any and all claims of injury, disability, death or other loss or damage to person or property suffered by me or by the minor participant arising in whole or part from my (or the minor’s) visit to the premises of The Park or participation in any Park Activity. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and reasonable attorney’s fees) the Released Parties and each of them from any claim of injury, disability, death, or other loss or damage to person or property brought by me or by or on behalf of the minor participant, or my or the minor’s family, or anyone else, arising in whole or in part from a loss suffered by me or the minor, or caused by me or the minor.
These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or part by the negligence of a Released Party.
ADDITIONAL PROVISIONS: Neither I nor the minor participant has any medical or other condition which might cause me, or the minor, to be a danger to ourselves or to others. I authorize The Park to secure emergency medical treatment for myself, or the minor participant, if necessary. I agree to be responsible for the cost of such care, including transportation. I am, or the minor participant is, covered by health insurance adequate to cover such costs.
I consent to the reproduction and use by The Park of photographs, videos and other images and sound recordings of me, or the minor participant, for advertising or other purposes, without compensation; and I release the Park and other Released Parties from liability for any violation of any personal and/or proprietary right I or the minor may have in connection with such reproduction or use.
Any dispute between a Released Party and a participant or parent or guardian will be governed by the substantive laws of the State of New York (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in Westchester County, New York, or the next nearest county in which a court of competent jurisdiction is located. I will pay all costs and attorney's fees incurred by any Released Party in defending a claim or suit brought by me, or by or on behalf of the minor participant, if the claim or suit is withdrawn or to the extent a court or mediator determines that the Released Party is not responsible for the claimed injury or loss. You’ll want to know from your local counsel whether this provision is reciprocal – that is, whether you will have to pay fees if you lose.
This agreement, which consists of this and the preceding pages, will apply to my, or the minor’s participation in activities at the Park, until and including December 31, 2018, after which a new agreement will be required for participation thereafter.
If any term or provision of this Agreement is held by a court or proper jurisdiction to be illegal, unenforceable or in conflict with any governing law, the validity of the remaining portions of the Agreement shall not be affected thereby.
Date: February 21, 2019