I hereby acknowledge that I have voluntarily applied to The Adventure Guild, LLC (TAG), a Tennessee limited liability company, doing business as The Adventure Center at Camp Jordan (ACCJ) of East Ridge, TN to participate in an aerial adventure course/zip line canopy tour. I AM AWARE THAT PARTICIPATING IN AERIAL ADVENTURE PARK, ZIP LINE AND ASSOCIATED ADVENTURE CHALLENGE ACTIVITIES IS EXTREMELY HAZARDOUS TO MY HEALTH AND I AM KNOWINGLY AND VOLUNTARIY ENTERING INTO THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH THESE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, GREAT BODILY INJURY AND/OR DEATH.
In consideration of being permitted to participate in an aerial adventure course/zip line canopy tour conducted by TAG, I, for myself, my spouse, legal representatives, heirs, and assigns, hereby release, waive, and discharge TAG and the City of East Ridge (“City of East Ridge”), their directors, officers, employees, agents, instructors, or any affiliated person or organization, and each of them, and their respective owners, employees and instructors (“Releasees”), from all liability to me, my spouse, legal representatives, heirs and assigns, for any and all damage, any claim for damages resulting therefrom, on account of injury to my person or property, even resulting in death, whether caused by negligence of the Releasees or otherwise while I am taking part in any aerial adventure park, zip line canopy tour or associated adventure challenge activity.
I agree to indemnify and hold harmless each and all of the Releasees from any and all claims, demands, actions, loss, liability, damage or cost, (including court costs and the attorney’s fees) arising out of or pertaining to my participation in the activity described herein, including my presence at any location or training site.
I hereby assume full responsibility for the risk of bodily injury, death, or property damage due to the actions of Releasees or otherwise while participating in one or more of the following activities, namely hiking, rock climbing, and ropes course activities and while competing, officiating in, working, or for any purpose participating in the said activities. I specifically acknowledge the possibility of loss, damage, injury or death due to the failure of equipment, change in weather conditions, accidents, mistakes, and acts of God, and specifically assume the risk with regard to the same.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the aforementioned activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume, and bear the costs of, all the risks that may be created, directly or indirectly, by any such condition.
I expressly agree that this release waiver and indemnity agreement is intended to be as broad and as inclusive as permitted by the laws of the State of Tennessee, and that if any portion thereof is held invalid, the balance shall, notwithstanding the foregoing, continue in full force and effect. In the event that I file a lawsuit against TAG, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and hereby waive any right to a trial by jury.
I hereby consent that TAG, or any person authorized by said organization, to photograph me and record my voice during my participation in the aforementioned activities. I consent that TAG or any person authorized by it, use the resulting photographs, slides, films, audiotapes, videotapes and negatives for any purpose, whatsoever, including (but not by way of limitation) the display, exhibition, publication and sale thereof in promotion, advertising and trade without any compensation or other consideration. I consent that the digital photographs, slides, films, audiotapes, videotapes and negatives be reproduced by any method and at any time, altered or unaltered.
I hereby release TAG and the City of East Ridge, any authorized person and all of their employees and representatives from any and all claims arising out of any publication, exhibition or the use of such digital photographs, slides, films, audiotapes, videotapes and negatives or arising out of any use of my likeness, voice or personality. I understand that such photographs, slides, films, audiotapes, videotapes and negatives shall remain the sole property of TAG.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND TAG, THE CITY OF EAST RIDGE, AND OR PERSONS OR ORGANIZATIONS AFFILIATED WITH THEM, AND I HAVE SIGNED THIS ON MY OWN FREE WILL.
Rules of Participation
- When you leave this demonstration area do not remove your helmet. It must remain in place until you return your gear to the distribution area.
- Do not loosen your harness at any time.
- Do not unhook the carabineer/pulley from your harness at any time unless instructed to do so by your guide.
- While on the course, do not run on or bounce the bridges. If a guide instructs you to do something you need to follow those instructions.
- Do not tamper with the belay connector in any way. Do not insert any foreign objects into the belay connector key slots. If you are perceived as doing so, you will be evicted from the course immediately. No refunds will be issued for evictions.
- In the case of severe weather you will be delayed from entering the course or may be asked to exit the course.
- Do not write on or deface in any way any of the course elements, platforms, trees, cable, etc.
- At no time should you place your hands on the cable above you.
- If at any time you wish to come down from the course, and cannot continue communicate with a member of your guide team and they assist you. Once you come down you may not reenter the course without purchasing another ticket.
- I have read the above rules for ZIPStream’s Castaway Canopy Adventure and therefore understand and will comply with them completely.
Dated: January 22, 2019