PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Pettit Creek Farms their agents, owners, officers, volunteers, employees, and all other persons or entities
acting in any capacity on their behalf (hereinafter collectively referred to as "PCF"), I hereby agree to release, indemnify, and discharge
PCF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in bungee quad and zip line activities entails known and unanticipated risks that could result in
physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply
cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; falls from equipment; rope burns; pinches, scrapes, twists and jolts that could result
in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening injuries; the use of ropes, harnesses,
and other equipment; being struck by other objects dislodged or thrown from above; loose and/or damaged artificial holds; equipment
failure; the negligence of others, visitors, participants, or other persons who may be present; transmissible pathogen or disease; the forces
of nature, including lightning and rapid weather changes; the risk of falling from significant heights; exposure to temperature and weather
extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to
potentially dangerous wild animals, insect bites, and hazardous plant life; my own physical condition, and the physical exertion associated
with this activity; traveling to and from activity locations raises the possibility of any manner of transportation accidents.
Furthermore, PCF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a
participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings
or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured helmet while participating in this
activity. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PCF from any and all claims, demands, or
causes of action, which are in any way connected with my participation in this activity or my use of PCF's equipment or facilities, including
any such claims which allege negligent acts or omissions of PCF. 4. Should PCF or anyone acting on their behalf, be required to incur attorney's 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 am willing to assume the risk of any medical or physical condition I may
have. 6. In the event that I file a lawsuit against PCF, I agree to do so solely in the state of Georgia; 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. 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. 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 PCF on the basis of any claim from which I
have released them herein. I also agree that this document is valid for subsequent visits and participation at PCF. 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. In consideration of the minor(s) being permitted by PCF to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless
PCF from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or
participation by minor(s). November 10, 2024 |