Frankenmuth Aerial Park, LLC
(Including assumption of risks and agreements of release and indemnity)
Please read this document carefully. It must be signed by all adult (eighteen years and older) participants in the climbing, zip line and other activities at Frankenmuth Aerial Park, owned and operated by Frankenmuth Aerial Park, LLC (The Park). If the participant is a minor, at least one parent or legal guardian (parent and guardian being referred to in this document as Parent) must sign, as evidence of their agreement to these terms and conditions, for themselves and on behalf of the minor participant.
In consideration of the services of the Park, I, an adult participant or parent of a minor participant (for myself and on behalf of that minor participant) understand, acknowledge and agree as follows:
Activities and Risks
The Park consists of more than 60 platforms installed in trees and connected by various configurations of cable, wood and rope to form bridges and zip lines over which participants will move at heights of up to 65 feet; Park activities are self-guided. They require balance, agility, focus and strength in varying degrees as one moves through the course.
Participants in the activities share the responsibility with staff for compliance with safety procedures, including the use of a safety harness. 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. 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 weight limit for participation on any course element at The Park is 265lbs. Participants greater than 265lbs assume all risks and responsibility for participation. The Park may deny or terminate participation, or remove visitors from the premises at any time in its sole discretion.
Among the hazards and risks of the activities and use of the premises and equipment of the Park are the following: sometimes 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. These risks are inherent in the activities and premises of the Park; that is, without them the experience would materially change and lose its value and appeal. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered.
Assumption of Risks
If I am an adult participant or Parent, I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume all the risks of enrollment and participation in the activities and moving about the premises of the Park, and whether or not described above. If I am the Parent of a minor participant, I have discussed the activities and risks with the minor child who understands and accepts them.
Release and Indemnity
If I am an adult participant or Parent (for myself and on behalf of the minor participant) I agree to release and not to sue Frankenmuth Aerial Park, LLC, and their respective owners, members, officers and staff (Released Parties) with respect to any and all claims of injury, disability, death, or other loss or damage to person or property suffered by me or by the child, if applicable, arising in whole or part from my (or the childs) visit to the premises of The Park or participation in any Park activity. In addition, if I am an adult participant or Parent I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys fees) Frankenmuth Aerial Park, LLC from any claim of injury, disability, death, or other loss or damage to person or property, brought by me or by or on behalf of the child, a co-participant in the activities, a rescuer, a member of my, or the minor childs, family, or anyone else, arising out of or in any way related to a loss suffered by me or the child, or caused by me or the child. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of Frankenmuth Aerial Park, LLC, but not intentional wrongs or the gross negligence of Frankenmuth Aerial Park, LLC.
If I am an adult participant or Parent, I acknowledge and agree to the following additional provisions: 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 consent to the reproduction and use by Frankenmuth Aerial Park, LLC, and its assigns, of photographs, of the minor, without compensation, for advertising or other purposes; and I release The Park and every other Indemnified Party 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.
If I am an adult participant or Parent I agree arbitrate any dispute arising out of my use of the Park. The Arbitration will occur in Saginaw County and subject to AAA Arbitration rules, otherwise not modified by this agreement. I also agree that any that any dispute between a Released Party and a participant or Parent will be governed by the substantive laws of the State of Michigan (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in that state, and in Saginaw County or the next nearest county in which a court of competent jurisdiction is located. I will pay all costs and attorney's fees incurred by any Released Party in defending a claim or suit brought by me, or by or on behalf of the minor participant, if the claim or suit is withdrawn or to the extent a court or mediator determines that the Released Party is not responsible for the claimed injury or loss.
If any portion of this agreement is determined to be unenforceable by a court of competent jurisdiction, the reminder shall nevertheless remain in full force and effect.
If any term or provision of this Agreement is held by a court or proper jurisdiction to be illegal, unenforceable or in conflict with any governing law, the validity of the remaining portions of the Agreement shall not be affected thereby.
I HAVE FULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/LEGAL GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF SIGNING):
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.