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Rushmore Tramway Adventures

203 Cemetery Road

Keystone, SD 57751

605-666-4478

CNC TRAMWAY, INC. d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER.

RELEASE AND WAIVER OF LIABILITY, CONSENT TO PHOTOGRAPHY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE ENGAGING IN ANY OF RUSHMORE TRAMWAY ADVENTURE’S ACTIVITIES, EACH PARTICIPANT MUST READ CAREFULLY AND SIGN THIS FORM

IN CONSIDERATION of being permitted to use THE ALPINE SLIDE, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL OR FREE FALL TOWER, I, FOR MYSELF, MY HEIRS, NEXT OF KIN, MY ESTATE, LEGAL GUARDIANS, MY PERSONAL REPRESENTATIVES AND ASSIGNS:

 

1. ACKNOWLEDGE AND REALIZE THAT USING THE ALPINE SLIDE, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL OR FREE FALL TOWER IS A DANGEROUS ACTIVITY AND THAT FALLS, COLLISIONS, INJURIES AND DEATH MAY RESULT FROM ENGAGING IN THIS ACTIVITY. I understand I AM RESPONSIBLE for staying seated in the President’s Slide, operating the brake, maintaining appropriate spacing between myself and other participants, keeping my arms inside the plane of the sled. I also understand I am responsible for refraining from engaging in horseplay, free-swaying or body contact with other participants while flying on the Zipline, refraining from unauthorized or unsupervised use of the Aerial Adventure Park, Zipline, Zipline Tour, Tubing Hill and Free Fall Tower or tampering with harness or safety devices, refraining from wearing loose jewelry or shoes while utilizing the Zipline, Zipline Tour, Tubing Hill or Free Fall Tower, and OBEYING ALL VERBAL AND WRITTEN INSTRUCTIONS AND WARNING SIGNS EXPLAINED OR POSTED AT THE PRESIDENT’S SLIDE, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL OR FREE FALL TOWER AREA. I ASSUME THE RESPONSIBILITY of maintaining control at all times while engaging in the activity. Participant understands this is a physical activity requiring dexterity and coordination. Participation on the Zipline, Zipline Tour, Tubing Hill, Aerial Adventure Park, and Free Fall Tower requires following the terms and conditions must be met in order to safely participate, 1) the ability to walk up and down steps without tiring and without assistance; 2) sufficient mobility and strength to climb a vertical ladder; 3) maximum weight to participate is 250 lbs, minimum weight to participate is 60 lbs; 4) participant must be capable of accessing the platform/stand located high above the ground without feeling ill; 5) the ability to listen to all safety briefings and to follow all operator instructions; and 6) participant must be in good mental and physical health. Note: Individuals with health concerns, disabilities, neck or shoulder problems, participants who are pregnant, have heart trouble, seizure disorders or problems with balance are recommended not to participate in the Aerial Adventure Park and/or Zipline and/or Zipline Tour, Tubing Hill and/or Free Fall Tower activity. Any other health concerns must be immediately brought to the attention of the operator. I FURTHER ACKNOWLEDGE THAT I HAVE READ THE RULES, CONDITIONS, AND REGULATIONS OF THE ALPINE SLIDE, CHAIRLIFT, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER ACTIVITIES AND AGREE TO COMPLY WITH THEM.

2. DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE OR MAKE ANY CLAIM OF ANY KIND OR NATURE AGAINST CNC TRAMWAY, INC. d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER, and their agents, employees, representatives, assignees, directors, officers and shareholders, and any other persons connected with these activities or any of the owners of the private or public property upon which this activity is conducted, hereinafter referred to as “RELEASEES,” FROM ALL LIABILITY, TO THE UNDERSIGNED, his personal representatives, heirs, next of kin, estate, and assigns FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE PRESIDENT’S SLIDE ACTIVITY, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER WHETHER CAUSED BY RELEASEES’ NEGLIGENCE, BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE. 

3. DO FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CNC TRAMWAY, INC., d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER and ALL RELEASEES, each of them, FROM ANY LOSS, INJURY, DEATH, LIABILITY, DAMAGE OR COST THEY MAY INCUR arising out of or relating to MY PARTICIPATION IN THE PRESIDENT’S SLIDE ACTIVITY, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL OR FREE FALL TOWER WHETHER CAUSED BY ANY RELEASEES’ NEGLIGENCE, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE, INCLUDING BOTH PHYSICAL INJURY OR LOST OR DAMAGED PROPERTY. 

4. FURTHER AGREE THAT UNDER NO CIRCUMSTANCES WILL I ENGAGE IN THESE ACTIVITIES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, and I specifically WAIVE ANY RIGHT TO CLAIM THAT THE SELLING OF ALCOHOLIC BEVERAGES ON THE PREMISES IN ANY WAY CONTRIBUTED TO ANY ACCIDENT OR INJURY I MAY SUSTAIN. 

5. I DO HEREBY ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO MAKE INQUIRIES REGARDING THE SAFE PARTICIPATION, OPERATION OF THE PRESIDENT’S SLIDE, TRAMWAY, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL OR FREE FALL TOWER AND DID RECEIVE ALL RELEVANT, NECESSARY SAFETY AND/OR OPERATIONAL INFORMATION BEFORE PARTICIPATING. I HEREBY ACKNOWLEDGE THAT AT A MINIMUM A SAFETY HARNESS HAS BEEN PROVIDED TO ME FOR USE WITH THE ZIPLINE, ZIPLINE TOUR, TUBING HILL, AERIAL ADVENTURE PARK, AND FREE FALL TOWER WHICH MUST BE SECURED PROPERLY AND WORN AT ALL TIMES WHILE PARTICIPATING IN THE ZIPLINE, ZIPLINE TOUR, TUBING HILL, AERIAL ADVENTURE PARK, AND FREE FALL TOWER ACTIVITIES. MY INITIALS INDICATE THAT I AGREE TO HOLD HARMLESS AND INDEMNIFY CNC TRAMWAY, INC. d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER. 

6. HEREBY AGREE THAT IF I, my estate, my heirs, next of kin, legal guardians, personal representatives and assigns, any of them, BRINGS A CLAIM IN DIRECT VIOLATION OF THIS AGREEMENT, ANY AND ALL CLAIMS FOR ANY DAMAGES WHATSOEVER MUST BE GOVERNED BY SOUTH DAKOTA LAW AND EXCLUSIVE JURISDICTION SHALL BE IN PENNINGTON COUNTY, SOUTH DAKOTA. AT ITS SOLE OPTION AND ELECTION, CNC TRAMWAY, INC. d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER and ALL RELEASEES, SHALL HAVE THE OPTION of COMPELLING ARBITRATION. This paragraph shall not be construed as creating any ambiguity in this RELEASE, and CNC TRAMWAY, INC. d/b/a PRESIDENT’S SLIDE, RUSHMORE TRAMWAY ADVENTURES, SUGAR PARK, AERIAL ADVENTURE PARK, ZIPLINE, ZIPLINE TOUR, TUBING HILL AND FREE FALL TOWER, ARE NOT WAIVING ANY PROVISIONS OF PARAGRAPH 2 OR CONSENTING TO ANY CLAIMS BEING FILED. 

7. NOTICE OF PHOTOGRAPHY - When you attend Rushmore Tramway Adventures, you enter an area where photography, audio, and video recording may occur. By attending, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by Rushmore Tramway Adventures and its affiliates and representatives. You release Rushmore Tramway Adventures and its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.

By visiting Rushmore Tramway Adventures, you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Rushmore Tramway Adventures or the person or entity designated to do so by Rushmore Tramway Adventures. You have been fully informed of your consent, waiver of liability, and release upon participating at Rushmore Tramway Adventures.

HEREBY AGREE THIS RELEASE IS LEGALLY BINDING UPON ME, MY ESTATE, MY HEIRS, NEXT OF KIN, LEGAL GUARDIANS, PERSONAL REPRESENTATIVES AND ASSIGNS. If any provision or provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 

I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY. I HAVE ALSO HAD ADEQUATE TIME TO READ AND UNDERSTAND THE AGREEMENT, AND IT IS MY INTENT THAT MY SIGNATURE IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

A Participant’s PARENT OR LEGAL GUARDIAN MUST sign if the Participant is under the AGE OF 18. The term “I,” “he,” or “his” in this RELEASE SHALL APPLY to the UNDERSIGNED AND PARENT OR GUARDIAN.

I Agree
 September 28, 2022

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
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A signed copy of this waiver will be sent to the email address you provide.
Zip Code

Zip Code *
Phone Number

Phone Number *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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