Terms and Conditions for: Zipline, Ropes Courses, Eurobungy, and Climbing Walls Acknowledgment of Risks, Assumptions of Risks and Responsibility Release of Liability
Statement of Risks: There are significant risk in any advance sport or activity associated with the outdoors, including the use of the Zipline, Ropes Courses, Eurobungy and
Climbing Walls and activities incidental there to (referred to herein as “activity”). Although we have taken reasonable steps to provide you with appropriate knowledge and skilled staff so that you can enjoy the activity for which you may not be skilled. THE ACTIVITY IS NOT WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, can cause accidental injury, illness in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the activity. We do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
Acknowledgment of Risks: I agree and understand that Zipline, Ropes Courses, Eurobungy, and Climbing Walls are HAZARDOUS activities. I recognize that injuries are a
common and ordinary occurrence of the activity. I hereby agree to freely and expressly ASSUME and accept ANY AND ALL RISKS OF INJURY OR DEATH to the participant/purchaser/renter while participating in the activity. Nonetheless, the participant/purchaser/renter voluntarily elects to participate in the aforementioned activity.
I AM (WE ARE) AWARE THAT THE ACTIVITY MAY ENTAIL RISKS OR INJURY OR DEATH. I/WE UNDERSTAND THAT A COMPREHENSIVE LIST OF POSSIBLE
INJURIES IS IMPOSSIBLE TO PROVIDE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURT, ILLNESS OR DEATH AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY.
Express Assumption of Risks and Responsibility: I/We agree to assume responsibility for all risks associated with my/our use of the Zipline, Ropes Courses, Eurobungy
and Climbing Walls. My/Our participation in the activity is purely voluntary. No one is forcing me/us to participate. I/We verify that I am (we are) physically fit, not under the influence of drugs or alcohol at this time, and sufficiently qualified, trained, and capable to participate in the activity. I/We assume full responsibility for myself/our minor child for whom I am (we are) responsible, for any bodily injury, accident, illness, death, loss of personal property and expenses thereof as a result that may occur while I/We participate in the activity. As an additional note, if helmets are required, I understand the equipment provided for my protection may be unable to prevent injury.
I hereby assume all risks which may be associated with and/or result from my involvement in such activity and hold harmless, release, indemnify and defend SANDESTIN
INVESTMENTS, LLC and FLORIDA RESORT RECREATION, INC., its subsidiaries and affiliates, their respective officers, directors, agents, servants, and employees of and from any liability, claims, demands, and actions and cause of action whatsoever arising out of or related to any loss, damage or injury, including death that may be sustained by me while participating in the activity, including, but not limited to, those injuries and damages caused by negligence and or breach of warranty, expressed or implied, on the part of SANDESTIN INVESTMENTS, LLC and FLORIDA RESORT RECREATION, INC., its subsidiaries and affiliates, their respective officers, directors, agents, servants and
Covenant of Good Faith: I/We recognize that you, a provider of services, will operate under a covenant of good faith and fair dealing. I/We recognize that you may find it necessary to terminate the activity due to forces of nature, medical necessities or other problems, and /or terminate the participation of any person you judge to be incapable of meeting the rigors or requirements or participation in the activity. I/We accept your right to take such actions.
Authorization: I/We hereby authorize any medical treatment deemed necessary in the event of injury I/We may incur while participating in the activity. I/We have appropriate
insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I/We agree that any film or photographs of me/us as participant(s) become your property and may be used for promotional or commercial purposes with NO compensation due to me/us.
Release: In consideration of services or property provided, I/We, for myself/ourselves and my/our minor children for whom I am (we are) parent, legal guardian or otherwise
responsible, and heirs, personal representative or assigns, agree that SANDESTIN INVESTMENTS, LLC and FLORIDA RESORT RECREATION, INC., their principals, directors, officers, agents, employees and volunteers, their insurers, each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted (all collectively referred to as “owner”) SHALL HAVE NO LIABILITY OF ANY NATURE FOR ANY DAMAGES TO ME AND OTHER PERSONS OR PROPERTIES as a result of my/our participation in any activity. The Release include any acts, omissions or negligence of the “owner” the operator named above, or any other person of any entity, its agent, employees, servants, and its insurer (s) and I/We hereby release and discharge the owner(s) named herein, its employees, agents, servants or assigns and its insurer(s), if any, for such damages.
Photo Release: I authorize Florida Resort Recreation Inc. permission to use my likeness in a photograph in any and all of its publications, including but not limited to all
printed and digital publications. I understand and agree that any photograph using my likeness will become property of Florida Resort Recreation Inc. and will not be returned and I will receive no financial compensation.
The applicable law of Florida governs this agreement. If any provisions of this agreement are determined to be unenforceable, all other provisions shall be given full force and effect.
I/WE HAVE READ THIS ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I/WE UNDERSTAND THAT
BY SIGNING THIS DOCUMENT, I AM (WE ARE) EXPRESSING MY/OUR INTENT TO WAIVE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS I/WE MAY HAVE NOW OR IN THE FUTURE AGAINST THE OWNER, OR ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS
Today's Date: September 28, 2020