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PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGMENT OF RISK

DATE: April 22, 2021

     In consideration of the services of Zoar Outdoor Adventure Resort, Inc., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Zoar"​), I​ ​hereby​ ​agree​ ​to​ ​release​ ​and​ ​discharge​ ​Zoar,​ ​on​ ​behalf​ ​of​ ​myself,​ ​my​ ​children,​ ​my​ ​parents,​ ​heirs, assigns,​ ​personal​ ​representatives​ ​and​ ​estate​ ​as​ ​follows:

  1. ​I​ ​acknowledge​ ​that​ ​my​ ​participation​ ​in​ ​outdoor​ ​adventure-based​ ​activities​ ​such​ ​as​ ​zip​ ​line​ ​canopy​ ​tours, biking,​ ​river​ ​rafting,​ ​canoeing,​ ​kayaking,​ ​stand-up​ ​paddleboarding,​ ​and​ ​rock​ ​climbing​ ​entails​ ​known​ ​and unanticipated​ ​risks​ ​which​ ​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. Furthermore, Zoar​ guides, instructors, facilitators 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, the elements, or the terrain. They may give inadequate 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.
  3. ​I​ ​hereby​ ​voluntarily​ ​release,​ ​forever​ ​discharge,​ ​and​ ​agree​ ​to​ ​indemnify​ ​and​ ​hold​ ​harmless​ Zoar​ 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 Zoar's​ equipment, vehicles, facilities, or premises before, during, and after this activity including​ ​any​ ​such​ ​claims​ ​which allege​ ​negligent​ ​acts​ ​or​ ​omissions​ ​of​ ​Zoar.
  4. Should Zoar​ 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 have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
  6. In the event that I file a lawsuit against Zoar​, I agree the Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Zoar​ or its agents is a party shall be the State​ ​Superior​ ​Court​ ​in​ ​Franklin​ ​County, Massachusetts.​ I further agree that the substantive law of Massachusetts​ shall apply in that action without regard to the conflict of law rules of that state.

     I do hereby consent to the use of my image by Zoar​ for any and all purposes, including without limitation video, still photographs, publication, and any trade or advertising purposes, providing such uses are not made so as to constitute a direct endorsement of any product or service.

     By​ ​signing​ ​this​ ​document,​ ​I​ ​acknowledge​ ​that​ ​if​ ​anyone​ ​is​ ​hurt​ ​or​ ​property​ ​is​ ​damaged​ ​before,​ ​during​ ​or after​ ​my​ ​participation​ ​in​ ​this​ ​activity,​ ​I​ ​may​ ​be​ ​found​ ​by​ ​a​ ​court​ ​of​ ​law​ ​to​ ​have​ ​waived​ ​my​ ​right​ ​to​ ​maintain​ ​a​ ​lawsuit against​ ​Zoar​ ​on​ ​the​ ​basis​ ​of​ ​any​ ​claim​ ​from​ ​which​ ​I​ ​have​ ​released​ ​them​ ​herein.

     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. I​ ​hereby​ ​declare​ ​that​ ​I​ ​am​ ​not​ ​under​ ​the​ ​influence​ ​of,​ ​nor​ ​will​ ​I​ ​use​ ​any​ ​recreational​ ​drugs​ ​or​ ​alcohol,​ ​while participating​ ​in​ ​any​ ​activity​ ​at​ ​Zoar​ ​Outdoor.

     I​ ​hereby​ ​declare,​ ​if​ ​I​ ​am​ ​participating​ ​in​ ​a​ ​Zipline​ ​Canopy​ ​Tour,​ ​that​ ​I​ ​weigh​ ​between​ ​70​ ​and​ ​250​ ​lbs.

Please select who will be participating...
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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Is participant under 18 years of age?*

MEDICAL INFORMATION

DO​ ​YOU​ ​HAVE​ ​ANY​ ​PREEXISTING​ ​MEDICAL​ ​CONDITIONS?

(Such​ ​as​ ​allergies,​ ​recent​ ​surgery,​ ​conditions​ ​that​ ​require​ ​medication,​ ​circulatory​ ​or​ ​respiratory conditions,​ ​and​ ​any​ ​other​ ​conditions​ ​that​ ​you​ ​may​ ​have.) 

If yes is your answer, please let us know upon your arrival at the activity check in.

DUE​ ​TO​ ​HEALTH​ ​RISKS,​ ​PREGNANT​ ​WOMEN​ ​WILL​ ​BE​ ​PROHIBITED​ ​FROM​ ​PARTICIPATING​ ​IN​ ​ZOAR​ ​OUTDOOR​ ​ACTIVITIES. 

The following statement is required by state law: "Before placing your order, please inform your server if a person in your party has a food allergy." 

We do not use nuts in our food, but can not guarantee that the ingredients in our meals do not contain nuts or other food allergens. If you have food allergies or other special dietary needs, we strongly suggest you bring your own bag lunch in non-glass containers and we will pack it with the other lunches on your trip. Please inform our staff if you intend to do this.

First Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
PARENT'S OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18) In consideration of ("Minor") being permitted by Zoar to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Zoar from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. I understand and agree that Zoar Outdoor can not be responsible for supervision of minors when they are not actively participating in our programs. At all times, supervision of minors is the responsibility of the group leaders, parents or guardians.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Is participant under 18 years of age?*

MEDICAL INFORMATION

DO​ ​YOU​ ​HAVE​ ​ANY​ ​PREEXISTING​ ​MEDICAL​ ​CONDITIONS?

(Such​ ​as​ ​allergies,​ ​recent​ ​surgery,​ ​conditions​ ​that​ ​require​ ​medication,​ ​circulatory​ ​or​ ​respiratory conditions,​ ​and​ ​any​ ​other​ ​conditions​ ​that​ ​you​ ​may​ ​have.) 

If yes is your answer, please let us know upon your arrival at the activity check in.

DUE​ ​TO​ ​HEALTH​ ​RISKS,​ ​PREGNANT​ ​WOMEN​ ​WILL​ ​BE​ ​PROHIBITED​ ​FROM​ ​PARTICIPATING​ ​IN​ ​ZOAR​ ​OUTDOOR​ ​ACTIVITIES. 

The following statement is required by state law: "Before placing your order, please inform your server if a person in your party has a food allergy." 

We do not use nuts in our food, but can not guarantee that the ingredients in our meals do not contain nuts or other food allergens. If you have food allergies or other special dietary needs, we strongly suggest you bring your own bag lunch in non-glass containers and we will pack it with the other lunches on your trip. Please inform our staff if you intend to do this.

Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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