In consideration of my participation from time to time in zipline activities, challenge courses, hiking, and/or other recreational activities (collectively, the "Activities") organized and hosted by BigFoot Adventure TN, LLC, Foresite Development, LLC, or property owner on property owned by Baggenstoss Farms, LLC (the property, referred to herein as "Baggenstoss Farms"), I hereby assume all responsibility for any and all risks of bodily injury or property damage that I may sustain while participating in any voluntary indoor or outdoor Activities of any nature, including the use of equipment and facilities associated with the Activities. Activities include but not limited to; hiking, biking, camping, use of my personal ATV, and zip lining. I understand and agree that this Participant Waiver and Release of Liability applies to all visits to Baggenstoss Farms and all Activities that I participant in and does not expire. Acknowledgment of Risks: I understand that participating in Activities may involve known and unknown risks which cannot be eliminated without jeopardizing the essential qualities of the Activities. Among the hazards and risks of the Activities and use of the premises and equipment include, but are not limited to the following: falls; collisions; abrupt and possibly harmful contact with structures or objects and persons; anxieties and fears associated with zipline heights; close contact with other people; coordination and misjudgments on the part of participants or negligence of guides; the failure of structures or equipment; and the unpredictable forces of nature. Participants may experience increased heart rate and other symptoms of anxiety and stress due to physical exertion, reliance on other participants, a fear of height or of unprotected falling, loss of balance, coordination and misjudgments, including failure to follow procedures and instructions, physical or mental stress, fatigue, and/or dizziness, which may diminish reaction time and increase the risk of an accident. Injuries associated with participation may include breaks, sprains, bruises, and in extreme cases, emotional upset, anxiety and even death. I acknowledge that the description of risks is not complete and that other unknown or unanticipated risks may result in injury, illness or death. I acknowledge that my participation in the Activities is purely voluntary and I choose to participate with full knowledge of the inherent risks in such Activities. Assumption of Risks: I expressly agree and accept and assume all of the risks existing in the Activities. My participation in the Activities is purely voluntary, and I elect to participate despite the risks. Release and Indemnity: I hereby, for myself and my heirs, executors, administrators, and assigns, release and hold harmless Bigfoot Adventure TN, LLC, Baggenstoss Farms, LLC, and any of their directors, managers, officers, agents, employees and volunteers and their affiliated organizations and the suppliers of any of the equipment used in the Activities (“Released Parties”), from any and all claims of injury, disability, death or other loss or damage to person or property suffered by me arising in whole or in part from participation in the Activities, both foreseeable or unforeseeable. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys' fees) the Released Parties from any and all claims, demands, causes of action, or losses for bodily injury, property damage, wrongful death, or otherwise, which are in any way connected with my participation in the Activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions, known or unknown, that I may have presently or in the future for the negligent acts or other conduct by the Released Parties. Medical Information and Treatment: I certify that I have no medical or physical conditions that interfere with my participation in the Activities or create a risk for others and I assume all risks that may be created, directly or indirectly, by any known or unknown condition. I acknowledge that Baggenstoss Farms is located in a remote area and medical attention may not be immediately available. I authorize Bigfoot Adventure TN, LLC to provide or obtain for me such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and transportation. Photo and Video Release: I hereby give my permission and consent to the taking of photographs, video, or other media and agree that such material may be published and otherwise used by Bigfoot Adventure TN, LLC and Baggenstoss Farms, LLC on their websites and social media accounts, including but not limited to Facebook, Instagram, YouTube, and similar sites and for other purposes deemed appropriate without compensation other than the consideration set out herein. Additional Provisions: If any provision of this Participant Waiver and Release of Liability is held to be void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless be fully enforceable and unimpaired by such holding. Any dispute arising under this Agreement shall be governed by the laws of the State of Tennessee, and any mediation or suit shall take place only in Grundy County, TN or in the United States District Court for the Eastern District of Tennessee. I understand and agree that this Agreement shall be binding upon my assignees, subrogates, distributors, heirs, next of kin, executors and personal representatives. |
