THIS AGREEMENT is made between INTERZIP, their representatives, agents, officers, directors, assistants and employees (collectively referred to as “INTERZIP ROGERS”), and the undersigned (referred to as “I").
INTERZIP AND I agree as follows:
I, the undersigned (or legal guardian of the undersigned) understand and EXPRESSLY AGREE that “Eco-Activities” as defined herein as a dangerous sport by nature with many dangers and risks. Nonetheless, I wish to participate in this sport and agree to these terms as a condition of my participation.
In this Release Agreement the term “Eco-Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: use of ziplines, suspension bridges, tree-top trails, canopy walkways, hiking, sightseeing, off-road vehicle tours or transport; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Eco-Activities.
I AGREE it is my sole responsibility to view the “Eco-Activities” area BEFORE I participate and to not participate if the area or adjacent areas or conditions are not to my satisfaction. I have been informed about and/or made aware of and herby certify that I, or rider if the rider is a minor, meet(s) all admission requirements in terms of height, age, and any other requirement which may exist.
I understand that the parking areas, paths and walkways in and surrounding the “Eco-Activities” area may contain snow, ice, sand or gravel consistent with a mountain environment. I realize that injuries are a common and ordinary occurrence for persons walking or riding on the zipline site.
I, EXPRESSLY AGREE, as a condition of being allowed to participate in the sport of “Eco-Activities” and to use the premises, that I freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and FULLY RELEASE Interzip FROM ANY AND ALL LIABILITY for personal injury or death or property damage arising out of or resulting from my participation in this sport.
I consent to having photos or videos taken of me while participating in “Eco-Activities” and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes.
I consent to receiving promotional emails from Interzip (only), using the email address provided.
If the participant is a MINOR, in exchange for Interzip making the facilities available, the undersigned parent/guardian, to the fullest extent permitted by law, AGREES TO DEFEND, INDEMNIFY AND HOLD UNACCOUNTABLE Interzip from any and all claims, suits, costs and expenses including attorneys’ fees for personal injury, death or property damage from and/or on behalf of said minor, even after the minor has attained majority, and/or claims from injured third parties arising or allegedly arising out of or resulting from said minor’s conduct. The undersigned (or parent/guardian), hereby expressly AGREES TO RENOUNCE Interzip for INTERZIP’S NEGLIGENCE, whether partial or sole, in connection with all of the indemnification obligations set forth in this agreement. In addition, the undersigned parent/guardian signing below declares Interzip that they have the authority to enter into this contract on behalf of said MINOR and on behalf of any other parent or guardian of said MINOR.
ASSUMPTION OF RISKS
I am aware that participating in Eco-Activities involves many risks, dangers and hazards including but not limited to: hiking on rough and uneven terrain; changing weather conditions which may cause the tree top trails, suspension bridges, canopy walkways and Ziplines to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; over-exertion; fear of heights; failure to remain within designated areas; impact or collision with trees, other participants or guides; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ECO ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I, the undersigned, HAVE READ AND UNDERSTAND the terms of the above and the FULL RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT, which is an essential part of it. I am signing it freely and of my own accord, realizing IT IS BINDING upon myself, and my heirs, and, in the event that I am signing it on behalf of any minor, that I have full authority to do so, realizing its BINDING EFFECT on the minor as well as myself.
If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties.
I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.
I have read the Release Agreement above and confirm that I meet the necessary general health and weight requirements and further agree to be bound by the terms of the Release Agreement.