Please Note: By signing this document you may be waiving certain legal rights, including the right to sue.
In consideration for being permitted to use the facilities and participate in the Kanga Klimb (aerial adventure course) which includes a rope course and aerial park recreational activities (collectively the “Activities”) provided by The Cincinnati Zoo & Botanical Garden (the “Zoo”), the Participant, and the Participant’s parent(s) and/or legal guardian(s) if the Participant is a minor (hereafter collectively, the “Participant”), do hereby enter into this Full Release of Liability, Assumption of Risk, Waiver of All Claims and Indemnification Agreement and Photography/Video Release and Personal Responsibility Covenants (hereafter, the “Agreement”) and agree, to the fullest extent permitted by law, to the following conditions:
1) TO WAIVE ANY AND ALL CLAIMS that they have or may have against the Zoo and its owners, affiliates, operators, employees, trainers, agents, subsidiaries, successors and assigns, insurers, officers and contractors such as Beanstalk Journey LLC (collectively referred to as “Zoo Releasees”) arising out of the Participant’s participation in the Activities or the use of any equipment provided by Zoo Releasees (hereafter, the “Equipment”), including while Participant receive instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Zoo Releasees and/or others. The Participant understands that there are inherent risks of injury or loss from participating in the Activities and using the Equipment, which may be both foreseen and unforeseen, which cannot be changed without changing the essential nature and educational and other values of the Activities which include risk of serious physical injury, emotional injury, and/or death;
3) TO RELEASE the Zoo Releasees from all liability, actions, claims, lawsuits, and causes of action, for any loss, damage, injury, death, or expense that the Participant (or Participant’s next of kin) may suffer, arising out of Participant’s participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Zoo Releasees, its owners, affiliates, operators, employees, agents, officers and/or third-parties to the fullest extent permitted by law. However, this Agreement shall not be construed as a release for conduct that is found to constitute gross negligence or intentional conduct by the Zoo; and
4) TO INDEMNIFY and hold harmless the Zoo Releasees from all liability for any loss, damage, injury, death, property damage or expense that the Participant (or Participant’s next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
5) TO FOLLOW ALL RULES AND WARNINGS. Participant understands that the maximum weight limit for participation in the Activities is 250 pounds and Participant must be at least 4 years old. The minimum height to participate alone in the Activities is 60 inches. However, Participants who are at least 48 inches tall may participate in the Activities if accompanied by a helper that is 60 inches or taller and qualifies to participate in the Activities. Participant agrees to follow any rules, instructions or warnings for the Activities.
Participant hereby grants to the Zoo Releasees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorize Zoo Releasees to copyright, use, and publish the same in print and/or electronically. Participant hereby conveys all right, title and interest in the same to the Zoo Releasees and agree that the Zoo Releasees may use such photographs or video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content.
Personal Responsibility Covenants
Participant certifies that Participant has no physical, medical or any other pre-existing conditions or limitations that precludes Participant from participating in the Activities.
Participant knows Participant’s limitations best and that past or present medical conditions may adversely impact the safety of participation in the Activities. If any doubt about the ability for Participant to participate in these Activities safely, please do NOT participate.
The Participant certify that Participant is not participating against medical advice and is not under the influence of any controlled substances, prescription medication or other substances that would endanger Participant or others.
The Participant understands that participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Equipment and facilities before any participation.
The Participant understands that Participant is obligated to follow the rules and safety instructions of the Activities.
Participant understands that the minimum age for participation in the Activities is 4 years old. There also are certain posted weight and height restrictions for the Activities that Participant will follow. For the entire Activities course, the maximum weight is 250 pounds. There is no minimum weight on the Activities course, but the minimum height for the Activities is 60 inches solo or 48 inches if Participant is accompanied by an otherwise qualified participant who is 60 inches or taller. Participant can minimize Participant’s risk of injury by following the restrictions and warnings, being aware of the surroundings, and using common sense. Participant further understands that the Activities are not a guided experience and Participant will not be supervised by Zoo personnel throughout the Activities.
If, while participating in the Activities, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will cease participation in the Activities and immediately bring said hazard or condition to the attention of the Zoo.
This Agreement is governed by Ohio law and any legal action shall be brought and decided exclusively by the courts situated in Hamilton County, Ohio. To the extent that any portion of this Agreement is deemed to be invalid under Ohio law, the remaining portions of the Agreement shall remain binding and available for use by the Zoo in any proceedings.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT THE ZOO RELEASEES ARE RELYING ON THESE STATEMENTS, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ALSO UNDERSTAND BY SIGNING THIS AGREEMENT THAT I AGREE TO ALL OF ITS TERMS AND CONDITIONS.
Today's Date: October 4, 2023