The Zip Line Activity Release, Waiver of Right to Sue and Assumption of All Risks Agreement (“this Agreement”) is hereby given by the undersigned to the Breaks Interstate Park Commission, the Commonwealth of Virginia, and the Commonwealth of Kentucky (collectively, “Owner”), the zip line activity sponsor (“Sponsor”), and each partner, officer, agent, employee, director, shareholder, member, heir, personal representative, successor and assign of the Sponsor and of each Owner (who shall be included within the words “Sponsor” or “Owner” as their relationships may determine) provides as follows:
In consideration for the opportunities provided by the Sponsor and each Owner to the undersigned “Participant” (including any minor participant for whom he signs this Agreement) for the enjoyment of zip line activities as a Participant, the undersigned Participant (including any minor participant for whom he signs this Agreement) hereby agrees as follows:
- This Agreement shall be so construed as to provide the Sponsor and Owner the fullest protection of a release, waiver of right to sue and assumption of all risks available to the Owner and Sponsor under the laws of the Commonwealth of Virginia.
- All pronouns shall be construed to include the masculine, feminine or neuter as well as the plural or singular, as may be appropriate to facilitate the construction of this Agreement in the light of the facts presented.
- The Participant hereby acknowledges that he has full and complete notice and understanding of all risks inherent in zip line activities which may cause, contribute to or result in the death or personal injury of the Participant or damage to the Participant’s property (the “Risks”), including but not limited to:
In consideration for being allowed to become a Participant in the activities noted above, and to the fullest extent permitted by Virginia law, the Participant hereby forever releases, indemnifies and agrees to hold harmless the Owner and Sponsor from any and all liability, claims, demands, actions, causes of action, suits and proceedings whatsoever, known or unknown, whether at law or in equity, now or in the future, arising in strict liability, breach of warranty, breach of contract, negligence or gross negligence or under any other theory of recovery, for or by reason of any matter, cause or thing, including but not limited to any and all claims for any loss or property damage or personal injury of any kind, nature, or description, including disability or death, that may arise out of or relate to the Risks and hereby expressly assumes all risks and dangers of death, personal injury and/or property damage which are in any way associated with the Risks. In no event shall any act taken or omission made by the Owner or Sponsor in any way limit the scope of this Agreement without written agreement of the parties.
- The Participant hereby authorizes and consents to any emergency medical care, which may at the time, appears reasonably appropriate under the circumstances as a result of injury or sickness caused by or incurred in the course of zip line activity.
- The Participant agrees to abide by all the rules of the Breaks Interstate Park Commission. The Participant understands and acknowledges that zip lining involves being in remote areas for extended periods of time, far from communications, transportation, and medical facilities; that these areas have many natural and man-made hazards, which facility management cannot anticipate, identify, modify, or eliminate. The Participant agrees to take full responsibility for himself and his actions.
- This Agreement shall remain valid and in full force and effect from and after the date opposite the signature of the Participant until expressly revoked by the Participant in a written notice personally delivered to the Sponsor and Owner.
- To the extent possible, this Agreement shall be construed in such manner as will render it, and each provision of it, fully enforceable; but if any provision of this Agreement shall be unenforceable, such provision (or so much thereof as in unenforceable,) shall be deleted and the remainder of this Agreement shall continue in full force and effect.
- If this Agreement is executed by the undersigned Participant for and on behalf of a minor Participant named below, the undersigned Participant hereby warrants and represents that he is in fact the legal parent or guardian of such minor, with full rights of custody and control; that this Agreement is given on behalf of and is intended to be binding upon said minor Participant, his heirs, personal representatives, successors and assigns, and the undersigned Participant as if it were entered into solely on his own behalf.
- This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the Participant, and shall be construed in accordance with Virginia law, without regard to any conflicts of law provisions thereof.
- I have fully read and fully understand the foregoing Rock Climbing Liability Release, Waiver of Right to Sue and Assumption of All Risks. I have consulted and relied upon my own advisors on all questions in connection therewith, and I have not relied upon the Sponsor or any Owner for advice or explanation in connecting therewith.
I ACKNOWLEDGE THAT THIS AGREEMENT LIMITS MY ABILITY TO SUE AND RECOVER AGAINST THE OWNER AND SPONSOR IN THE EVENT OF ANY FUTURE INJURY TO ME.
Today's Date: August 4, 2020