TreeRunner West Bloomfield Adventure Park
(Including Assumption of Risks and Agreements of Release, Indemnity and Hold Harmless)
Please read this document carefully. It must be signed by all adult (eighteen years and older) participants in climbing, zip line and other activities at TreeRunner West Bloomfield Adventure Park (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
TreeRunner West Bloomfield Adventure Park is owned and operated by The Adventure Park at West Bloomfield LLC, a Michigan limited liability company (hereinafter The Park). The Park is located on land owned by the Jewish Federation of Metropolitan Detroit. The Jewish Community Center of Metropolitan Detroit is a co-tenant on that land.
The Park provides recreational activity which encompasses athletic or recreational sport. The Park consists of 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 notify Staff sothe harness fit can be checked by staff prior to reentering a course. Staff must be notified by participant 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 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: 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. I understand the activities are intensive and 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, inherent or not, 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, Indemnity and Hold Harmless
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 TreeRunner West Bloomfield Adventure Park, The Adventure Park at West Bloomfield LLC, a Michigan limited liability company, The Jewish Community Center of Metropolitan Detroit and The Jewish Federation of Metropolitan Detroit and their respective owners, members, officers, employees, representatives, subsidiaries, affiliates and staff (Released/Indemnified 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 child’s) 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 and HOLD HARMLESS (that is, defend and satisfy by payment or reimbursement, including costs and attorneys fees) Released Parties 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 child’s 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 a Released Party, but not the gross negligence or willful and wanton misconduct of the Released Party.
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 TreeRunner West Bloomfield Adventure Park and its assigns, of photographs of me or my child, including minors, without compensation, for advertising or other purposes; and I release The Park and every other Released/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 that any dispute between a Released Party and a participant or Parent will be governed by the substantive laws of the State of Michigan and any dispute with regard to this agreement and any attempted claim/ suit shall take place only in Oakland County. 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, (even if the claim or suit is withdrawn) to the extent a court, arbitrator or mediator determines that the Released Party is not responsible for the claimed injury or loss.
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 and shall remain in full force and effect.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. TreeRunner Adventure Parks (the Park) has put in place preventative measures to reduce the spread of COVID-19; however, the TreeRunner Adventure Parks cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Park could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Park and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Park may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Park employees, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Park or participation in Park programming (“Claims”).
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Park, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Park, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Park program.
I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT, AM OF SOUND MIND, HAVE LEGAL AUTHORITY, AND FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I/MY MINOR CHILD CAN SUFFER PROPERTY DAMAGE, ILLNESS, SEVERE PERSONAL INJURY OR EVEN DEATH BY USING THE FACILITIES OR EQUIPMENT in not only the ways described above, but also in ways that are unknown and unexpected, even if I follow/the minor child follows instructions or advice.