PARTICIPANT AGREEMENT RELEASE AND ASSUMPTION OF RISK
In consideration of the services at provided at Jungle Island by any of ESJ JI Operations, LLC; and of their respective agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on their behalf (collectively, the “Jungle Island Group”), I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children (if Participant is under the age of 18), my heirs, assigns, personal representative and estate as follows:
I and the Participant (if applicable) acknowledge that the Adventure Attractions including Zip Line, Ropes Course, Rock Wall, Spider Mountain, and Auto-Bungee (collectively the “Attractions”) as well as the Animal Encounters and all animal interactions entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I and the Participant (if applicable) understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
I and the Participant (if applicable) expressly agree to accept and assume all of the risks existing in this activity. My and the Participant’s (if applicable) participation in this activity is purely voluntary, and I and the Participant (if applicable) elect to participate in spite of the risks.
I and the Participant (if applicable) hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Jungle Island Group from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions of the Jungle Island Group.
Should any persons comprising the Jungle Island Group or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I and the Participant (if applicable) agree to indemnify and hold them harmless for all such fees and costs.
I certify that I and the Participant (if applicable) 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 and the Participant (if applicable) am willing to assume the risk of any medical or physical condition I may have.
I and the Participant (if applicable) acknowledge and agree that the Jungle Island Group has made no representation or warranty as to the suitability of the Attractions, Animal Encounters or any animal interactions for any specific purpose.
The Jungle Island Group shall not undertake responsibility nor shall it be liable for the actions of any participant or third party in the Attractions by the Jungle Island Group and its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, the owner of the venue of the Attractions, sponsors, or independent contractors shall not be responsible for any loss, costs, damages, consequential, special or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity.
I and the Participant (if applicable) acknowledge and agree that this Agreement and Waiver is made in the State of Florida and shall be governed by and construed in accordance with Florida law without respect to its choice of law provisions; any lawsuit brought against the Jungle Island Group may only be brought in the State of Florida and that the prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees from the other party for all matters including, but not limited to, appeals.
I and the Participant (if applicable) acknowledge and agree that all of the acknowledges, agreements, understandings, covenants, promises, representations, warranties, waivers, consents and releases contained in this Agreement and Waiver shall be binding upon me, my heirs, executors, administrators, personal or legal representatives, successors, assigns and all members of my family.
I and the Participant (if applicable) agree that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
In consideration of any minor being permitted by his or her parents or guardian to participate in this activity, I further agree to indemnify and hold harmless the Jungle Island Group from any and all claims which are brought by, or on behalf of minor, and which are in any way connected with such use or participation by minor.
By signing this document, I and the Participant (if applicable) acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I and the Participant (if applicable) may be found by a court of law to have waived my right to maintain a lawsuit against the Jungle Island Group 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 and the Participant (if applicable) agree to be bound by its terms.
This waiver may be executed by facsimile, scanned or electronic signature, which in each case shall constitute an original for all purposes. I further consent to the recording of my likeness and/or other biometric data as evidence of my identity.