ASSUMPTION OF RISK AND RELEASE OF LIABILITY
As a condition to your participation in activities at The Adventure Park of Nashville (“the Park”) and in consideration of the services provided to you at, around or in connection with, the Park by Outdoor Venture Group Tennessee LLC (dba the Adventure Park at Nashville) (“OVG-TN”) and/or others, I hereby agree to release, indemnify, and discharge OVG-TN, Outdoor Venture Group Holdings LLC, Gordon Jewish Community Center, and the parents and subsidiaries and affiliates of each of the foregoing, as well as the agents, mortgagees, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as the “Released Parties”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
Activities and Risks
Among the hazards and risks of the activities and use of the premises and equipment of the Park are the following: uneven terrain; falls and abrupt and possibly harmful contact with other persons, structures and objects (fixed and moveable); carelessness and misjudgments of participants and staff of the Park, including by failing to follow proper procedures, instructions and the operating policies; the failure of structures and equipment; and the forces of nature, predictable and unpredictable. Participants may experience an increased heart rate and other symptoms of anxiety and stress due to, among other things, heights, physical exertion and reliance on others. Injuries may include breaks, sprains, strains, bruises and other contusions and in extreme cases emotional upset, anxiety and even death. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered.
Furthermore, Park employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
Participants are required to follow all safety procedures. Before engaging in the activities, participants must read and understand all instructions, posted or otherwise conveyed, receive specific training in using the harness and other safety equipment, and understand and accept the risks involved. The harness must not be removed or loosened for any reason while participant is off of the ground. Should the harness loosen or be removed while on the ground, the Participant must have the harness fit checked by staff prior to reentering a course. Staff must be notified if a harness loosens or safety clips do not function as described in an orientation. The Park may deny or terminate participation or remove visitors from the premises at any time in its sole discretion.
Assumption of Risks
I hereby acknowledge the risks described above, and that other risks, inherent and otherwise, known or unknown, may be encountered. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly assume all the risks of enrollment and participation in the activities and moving about the premises of the Park, inherent or not, and whether or not described above.
RELEASE AND INDEMNITY
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, arising out of injury, disability death or other loss or damage to person or property, whether related to the activities described above or not, including any such claims which allege negligent acts or omissions of one or more Released Parties.
The Park does not have medical personnel or treatment available to visitors. I hereby authorize and grant permission to the Park to secure emergency medical treatment for myself, or, if I am the Parent, the minor child, if necessary. I represent that I, or the minor child who is a participant, has no medical or health condition which might cause me, him or her to be a danger to ourselves or to others. I agree to be responsible for all costs of medical care, including transportation, for myself, or the child. I am, or the child is, covered by adequate medical health insurance to provide for any medical costs that may be incurred.
I hereby grant OVGH the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/wards’ name, face, likeness, voice and appearance, without compensation, for advertising or other purposes; and I release OVGH from liability for any violation of any personal and/or proprietary right I or the child may have in connection with such reproduction or use.
In the event that I file a lawsuit against any Released Party, I agree to do so solely in the state of Tennessee, and I further agree that the substantive law of Tennessee shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Should any Released Party or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs to a maximum amount of $5,000.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Today's Date: April 23, 2019