PROPERTY/PARTICIPANT AGREEMENT, WAIVER, RELEASE AND ASSUMPTION OF RISK In consideration of the services of NBD Action Zipline Inc. (“NBD”), its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as the “Released Parties”), I hereby agree to release, indemnify, and discharge the Released Parties, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my entry onto the zipline property and participation in the zipline activities entails known, unknown and unanticipated risks that could result in physical or emotional injury, paralysis, and even death, and/or damage to myself, my property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I voluntarily assume such risks, including but not limited to those aforementioned and listed below. The risks include, but are not limited to: the possibility of rough terrain, vehicle accidents, slips and falls, rope burns, pinches, scrapes/scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the use of ropes, harnesses, and other equipment; the forces of nature, including lightning and rapid weather changes; the risk of falling from significant heights, standing or walking near slopes and steep cliffs; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk, as is exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; exposure to the elements which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; accidents or illness can occur in remote places without medical facilities. Further, NBD employees have difficult jobs to perform. They seek safety, but they are not infallible. Understand that they are not aware of participants’ fitness or abilities. They might misjudge participants’ fitness or abilities, the weather/environmental conditions and/or other conditions relevant to the zipline activities. They may give incomplete warnings or instructions, and the equipment being used could malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My
participation in the activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with my participation in the activity and/or my presence at the zipline property/facilities, including any such claims which allege negligent acts or omissions of the Released Parties. 4. Should the Released Parties or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. 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 assume the risks of any medical or physical condition I may have. 6. In the event that I file a lawsuit against the Released Parties, I agree to do so solely in the
Superior Court for the State of California, County of San Bernardino, 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. 7. I 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. 8. I authorize the Released Parties, their employees, and/or agents the right to take photographs/video, and to use these in any and all media (e.g. social media, television, web-based), now or hereafter known, and exclusively for the purpose of the Released Parties. I waive any rights, claims, or interest I may have to control the use of my likeness in whatever media used. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties 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 agree to be bound by its terms. October 22, 2025
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