PLEASE READ CAREFULLY, THIS IS A LEGAL DOCUMENT
1. I accept for use, as is, the equipment provided to me and accept full responsibility for its care while it is in my possession. I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS Crazy Apes Adventures, Inc. and its affiliates for all loss or damage I may cause to this equipment, except for reasonable wear and tear.
2. I agree to comply with all rules of the Crazy Apes Adventures Zip Lines and Ropes Course Park and to abide by all directions and instructions given by park employees.
3. I understand there are numerous risks, hazards and dangers inherent in the Crazy Apes Adventures Zip Lines and Ropes Course Park including but not limited to: variations in climate, surface and equipment conditions, 'falling, tripping, slipping, entanglement, strangulation, being struck by equipment or climbers, failure to climb or belay safely, misuse or failure of the facilities or equipment, injuries to the head and other parts of the body including: broken bones, sprains, strains, dislocations, lacerations, slivers, abrasions, rope burns, punctures, acceleration or deceleration injuries and emotional trauma. I hereby assume any and all risks of injury, death and property damage arising from my participation in the Crazy Apes Adventures Park, my use of the equipment and my presence on Crazy Apes Adventures, Inc. premises.
4. I acknowledge I have been given the opportunity and have been encouraged by Crazy Apes Adventures, Inc. to inspect the facilities and course PRIOR to signing this release.
5. I hereby certify that I am physically fit and have no medical conditions or allergies that affect my ability to participate in this activity.
6. I understand that recreational and other activities involve inherent and other risks of INJURY and DEATH. I agree that having a park employee present does not lessen the amount or severity of the risks or hazards of these activities. I acknowledge that my and/or my child(ren)'s involvement may include the Crazy Apes Adventures Parks, the use of terrain features, lifts and participation in other recreational activities, and that these activities are HAZARDOUS and that I, on behalf of myself and/or my child(ren) have made a voluntary choice to participate in these activities despite the risks. I hereby promise not to bring a claim against or sue, on my behalf or on behalf of my child(ren), and AGREE TO RELEASE Crazy Apes Adventures, Inc., dba Seacoast Adventure, its shops, employees, parent companies, owners, affiliates, agents, landowners, officers, directors, and their successors in interest, any equipment manufacturers, installers and distributors, together with each of their officers, and managers (collectively "Releasees"), from all liability for injury, death, property loss and damage that results from participation in recreational activities, that is in any way related to my and/or my child(ren)'s participation in the Crazy Apes Adventures Park, the use of the equipment, or is related to any other activity at this recreational area including all liability that results from the NEGLIGENCE OF Releasees, or any other person or cause.
7. I further agree to DEFEND, INDEMNIFY and HOLD HARMLESS Releasees for any loss or damage arising from claims or lawsuits related in any way to my and/or my child(ren)'s participation in the Crazy Apes Adventures Parks, use of the equipment, or any other activities on Releasees' premises, including any and all claims, awards, legal expenses, ATTORNEY FEES, and court costs resulting from any claim I might bring, or any subrogation or derivative claims brought by any third party or insurer for injury or damage I may cause.
8. This document is a legally binding contract and supersedes any other agreements or representations by or between the parties and is governed by the laws of the State of Maine. It shall be interpreted to provide as broad and inclusive a release of liability as is legally permissible, but it is not intended to assert any claims or defenses that are prohibited by law. I agree that exclusive jurisdiction and venue for any legal action against the Releasees shall be in the State or Federal courts of Maine and such courts shall have personal jurisdiction. If any part of this agreement is determined to be unenforceable, all other parts shall still be given full force and effect. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.
9. I hereby grant exclusive permission to Releasees to use my and/or my child(ren's) image(s) for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration.
10. I authorize Releasees to administer first aid as they deem necessary. I authorize transportation to a medical facility, at my expense, if deemed necessary by Releasees. Further, in the case of serious illness or injury, if I cannot be reached, I give permission for treatment, including medical and/or surgical care necessary for the well-being of myself or my child, at my expense. I agree that upon transporting myself, or my child, to any medical facility, clinic or hospital, the responsibility of the Releasees shall be totally fulfilled and the Releasees shall have no further responsibility. I understand that Releasees will, to the best of their abilities, attempt to notify me as soon as possible in the event of an emergency.
11. I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, I UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I (OR MY MINOR CHILD) OTHERWISE MAY HAVE. I agree that this is a Release of Liability and Agreement Not to Sue, which will legally prevent me, or any other person, from filing suit or making any other claims for damages in the event of personal injury, death or property damage. I freely and voluntarily enter into this agreement. I understand that permission to use the park, its facilities, premises and equipment is being given to the undersigned participant (or guardian) in exchange for the execution of this Liability Release and Agreement Not to Sue. I have made no misrepresentations to the Releasees regarding my name, age, medical condition or any other information. This Liability Release and ail its components shall survive and continue in force beyond the termination of the current season with respect to any liability, injury or damage occurring prior to such termination. If I am not willing to accept this release, then I should not sign this document and I should decline the services and/or equipment described on this form as offered to me by Releasees.
Today's Date: October 31, 2020