I hereby acknowledge that I have voluntarily applied to High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls to participate in an aerial adventure course at one or more locations, which will include one or more of the following activities: hiking, rock climbing, zip lining and ropes courses.
I AM AWARE THAT PARTICIPATING IN HIKING, ROCK CLIMBING, AND ROPES COURSE ACTIVITIES AND INSTRUCTION ARE HAZARDOUS AND I AM VOLUNTARILY ENTERING INTO THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY OR DEATH.
In consideration of being permitted to participate in a course of one or more of the following, namely hiking, rock climbing, zip lining and ropes course instruction and related activities conducted by High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, I, for myself, my spouse, legal representatives, heirs, and assigns, hereby release, waive, and discharge High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, Adventure Hospitality, LLC, Ruby Falls, LLC, their shareholders, members, directors, officers, employees, agents, instructors, or any affiliated person or organization, and each of them, and their respective owners, employees, and instructors (hereinafter called “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 any Releasee or otherwise, while I am taking part in any hiking, rock climbing, or ropes courses activities, whether during the course of instruction or otherwise.
I agree to indemnify and hold harmless the Releasees and each of them 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, backcountry location, expedition, trip, or other wilderness situation.
I hereby assume full responsibility for the risk of bodily injury, death, or property damage due to the actions of Releasees or otherwise participating in one or more of the following activities, namely hiking, rock climbing, and ropes courses 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, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the cost of all 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 continue in full force and effect. In the event that I file a lawsuit against High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls or any other Releasee, I agree to do so solely in the state of Tennessee, 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.
I hereby give my consent to High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, or any person authorized by said organization, to photograph and record my voice. I give my consent to High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, or any person authorized by it, to 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 give my consent to reproduction of the digital photographs, slides, films, audiotapes, videotapes and negatives, by any method and at any time, altered or unaltered.
I hereby release High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, 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 High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls.
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 MYSELF AND High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls, AND/OR PERSONS OR ORGANIZATIONS AFFILIATED WITH IT, AND I SIGN THIS OF MY OWN FREE WILL.
I further understand, acknowledge, and agree as follows:
• When I leave this demonstration area, I will not remove my helmet. My helmet must remain in place until I return my gear to the distribution area.
• I will not loosen my harness at any time.
• I will not unhook the carabineer/pulley from my harness at any time. The guide at the zip platform will take care of that for me.
• While on the course, I will not jump on or swing from elements (unless it is the intended use of the element), and I will obey all instructions at each element. If a guide instructs me to do something, I will follow those instructions.
• I will not use the belay connector to zip across a belay cable, as they are not created for this. Doing so could damage the equipment and jeopardize my safety.
• I will not tamper with the belay connector in any way. I will not insert any foreign objects into the belay connector key slots. If I am perceived as doing so, I will be evicted from the course immediately.
• No refunds will be issued for evictions.
• In the case of severe weather, my entry to the course will be delayed, or I may be asked to exit the course.
• I will not write on or deface in any way any of the course elements, platforms, trees, cables, etc.
• I will not place my hands on the cable above me at any time.
• If at any time I wish to come down from the course and cannot continue on, I will call “GUIDE, GUIDE, GUIDE!!!” loudly, and a guide will come to assist me. Once I come down, I will not be permitted to reenter the course.
I have read the above rules for High Point Adventure, LLC d/b/a High Point Zip Adventure at Ruby Falls’ aerial adventure course, I understand such rules, and I will comply with them completely.