Adventure Explorations LLC offer numerous recreational activities to its guests including, but not limited to swimming; fishing; biking; paddle boarding; kayaking; canoeing; sporting clays; skeet shooting; trap shooting; rock-climbing; golfing; slacklining; hiking; tree climbing, bush crafting, spoon carving, and remote-controlled vehicles (the “Activities”). By participating in one or more of the Activities, each participant (“Participant”), or in the case of minor children such participant’s parent or legal guardian (“Participant’s Guardian”), hereby agrees as follows:
1. All participants in any of the Activities shall be of sufficient age and maturity to participate in the Activities without jeopardizing the health or safety of any other persons participating in or otherwise in the vicinity of the Activities. Participants shall not participate in any of the activities while under the influence of alcohol.
2.Participant/Participant’s Guardian acknowledges that he or she understand the risks, hazards and dangers that are or which may be associated with the Activities and any other use of Adventure Explorations property including, without limitation, the risk of injury related to the use of, vehicles, the risk of exposure to snakes, bears, and other wildlife, the risk involved in traversing trails, pathways, roads, sidewalks, and other surfaces, especially those which may be wet, and those other inherent risks and dangers of the Activities that could cause drowning, severe bodily injury, disability, or death, and has had the opportunity to discuss them with the appropriate Adventure Exportations representatives; and that he or she assumes full responsibility for and accepts these risks, and all other risks which may arise from participation in the Activities, even if arising from the negligence, gross negligence or negligent rescue by those associated in any way with the Activities, including, without limitation, Adventure Explorations, Hershey Entertainment & Resorts Company, those organizing, directing or participating with the Participant in the Activities, and their respective officers, directors, employees, agents, servants, volunteers, representatives, successors, heirs, family members, affiliates, assigns, and executors (collectively, the “Released Parties”).
3.Participant/Participant’s Guardian hereby releases, waives, discharges and covenants not to sue the Released Parties from any and all liability to the Participant, the Participant’s Guardian, or their respective personal representatives, heirs, assigns or next of kin, for any loss or damage, and from any claim or demands therefore on account of injury to the Participant, or resulting in the death of the Participant, whether caused by the negligence of the Released Parties or otherwise, while the Participant is participating in the Activities and is in, upon, or about the premises, facilities, or equipment owned or operated by any of the Released Parties.
4.Participant/Participant’s Guardian hereby agrees to indemnify and save and hold harmless the Released Parties and each of them from any loss, liability, damage or cost (including court costs and reasonable attorneys’ fees) they may incur due to the presence of the Participant in, upon or about the premises owned or operated by any of the Released Parties, or in any way observing or using any of the facilities or equipment owned or operated by any of the Released Parties, or participating in the Activities, whether caused by the negligence of the Released Parties or otherwise.
5. Participant/Participant’s Guardian hereby irrevocably grants to Adventure Explorations perpetually, exclusively, and for all media throughout the world (including print, nontheatrical, home video, CD-ROM, internet, and any other electronic medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs, videotapes and/or other recordings taken or made of Participant as a result of the Participant’s participation in the Activities. Participant/Participant’s Guardian agrees not to bring or consent to others bringing claims or actions against any of the Released Parties on the grounds that anything contained in the photographs, videotapes, or other recordings, or in the advertising and publicity used in connection therewith, is defamatory, reflects adversely on the Participant or Participant’s Guardian, or violates any other right whatsoever, including, without limitation, rights of privacy and publicity. Participant/Participant’s Guardian, on his or her own behalf and on behalf of the Participant and their respective personal representatives, heirs, assigns, and next of kin, hereby release the Released Parties from and against any and all claims, demands, actions, causes of action, suits, costs, expenses, liabilities, and damages whatsoever that any of them may hereafter have against the Released Parties in connection with the photographs, videotapes or other recordings. Adventure Explorations shall have the right to assign its rights hereunder without the consent of Participant/Participant’s Guardian, in whole or in part, to any person, firm, or corporation.
6. In order to preserve the long-term viability of the Company’s brand, and its relationship with those entities whose brands it helps to promote, the Company requires that all photography, video, audio, or other recordings (the “media content”) that you intend to take, or have taken, on or of Company Property must be for your personal or internal use. In addition, the use of Media Content on or of Company Property for any commercial purpose is strictly prohibited without the company’s prior written approval, which may be withheld in its sole discretion, to the full extent permitted by law. Commercial purposes include any and all commercial uses of the Media Content including, but not limited to, the use or incorporation of the Media Content, in whole or in part, and alone or together with any other materials, in connection with any sale, promotion, or advertisement of any materials, products, or services, whether or not such sale, promotion, or advertisement results, directly or indirectly, in a profit to you or any of your affiliates, representatives, family members, successors, and assigns.
Participant/Participant’s Guardian further expressly agrees that the foregoing Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Participant/Participant’s Guardian acknowledges that he or she has read this Release and Waiver of Liability and Indemnity Agreement and acknowledges that participation in any of the Activities is voluntary, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT HAS BEEN PROVIDED TO THE GUEST IN ADVANCE OF THE GUEST’S PARTICIPATION IN ANY OF THE ACTIVITIES. BY PARTICIPATING IN ANY OF THE ACTIVITIES, WHETHER SPECIFICALLY LISTED ABOVE OR OTHERWISE, THE GUEST REPRESENTS TO THE RELEASED PARTIES THAT THE GUEST HAS READ, ACKNOWLEDGED, AND AGREED TO THE TERMS OF THIS DOCUMENT