I, the undersigned participant (“Participant”), acknowledge that I may be involved in one or more activities, including but not limited to: riding and operating 4-wheelers, all-terrain, and other off-road vehicles; equine activities; zip-lining; hiking; swimming; playing basketball or other sports; and animal encounters, which may involve entering animal enclosures and petting, feeding, bathing, or otherwise interacting with a variety of wild animals (the “Activities”) in connection with my visit to Wilstem Wildlife Park (the “Park”).
Assumption of Risk
I do hereby affirm and acknowledge that I HAVE BEEN FULLY INFORMED OF THE SIGNIFICANT RISK INHERENT IN MY PARTICIPATION IN THE ACTIVITIES, INCLUDING PARALYSIS AND DEATH, AND KNOWINGLY AND FREELY ASSUME ALL SUCH RISK, whether known or unknown and EVEN IF ARISING FROM THE NEGLIGENCE of those persons released hereby.
I UNDERSTAND I AM RESPONSIBLE FOR FOLLOWING SAFETY GUIDELINES AND ALL RULES. I further certify I am in good health and have no physical condition that would prevent participation in the Activities. If zip-lining, I certify I am of a minimum weight of 70lbs and a maximum weight of 250lbs. I FURTHER ACKNOWLEDGE AND AGREE THAT WILSTEM SHALL NOT BE LIABLE FOR ANY INJURY WHICH I MAY INCUR, or for any loss, theft, or damage of personal property due to my visit(s) to and participation in the Activities at the Park. In the event of injury, I CONSENT TO EMERGENCY TREATMENT AND AUTHORIZE PARK PERSONNEL TO TREAT ME as they deem medically necessary; provided, however, that I shall bear the entire cost of such treatment.
Release of Liability, Waiver of Claims, and Indemnity
I hereby waive, release, absolve, indemnify and forever hold harmless Wilstem, Inc., French Lick Ziplines, LLC, and all of their subsidiaries, related affiliates or entities, directors, shareholders, agents, volunteers, sponsors, employees, officers, contractors, subcontractors and attorneys, their respective heirs, personal representatives, successors and assigns, and all predecessors and successors in interest (collectively, “Wilstem”), from any and all claims or liability of every name and nature, known or unknown, arising out of, in connection with, or during my visit(s) to and any current or future participation in the Activities at the Park.
I HAVE READ THIS GENERAL WAIVER AND RELEASE AGREEMENT, INCLUDING THE ASSUMPTION OF RISK, PERSONAL RESPONSIBILITY, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY PROVISIONS AND FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS OR GUARDIANS OF A PARTICIPANT UNDER THE AGE OF 18: I CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT, CONSENT TO HIS OR HER RELEASE AS PROVIDED ABOVE AND I RELEASE AND HOLD HARMLESS WILSTEM FROM ANY AND ALL LIABILITY INCIDENT TO MY MINOR CHILD’S PARTICIPATION IN THE ACTIVITIES AS PROVIDED ABOVE.
PARTICIPANT MAKES THE FOLLOWING STATEMENT: “I accept the above terms and assume the risk of injury or death.”
Today's Date: January 30, 2023