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Climb UPton
Assumption of Risk and Indemnification Agreement
(IMPORTANT: MUST READ BEFORE SIGNING)

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.  READ IT CAREFULLY BEFORE SIGNING. BY SIGNING THIS ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT, YOU AGREE THAT YOU ARE DOING SO FREELY, VOLUNTARILY, AND WITHOUT DURESS.  IF YOU ARE UNWILLING TO SIGN THIS AGREEMENT, YOU DO NOT HAVE PERMISSION TO ENTER THE CLIMB UPTON HIGH ROPES COURSE AREA OR ENGAGE IN ANY ACTIVITY IN THE CLIMB UPTON HIGH ROPES COURSE AREA. ANYONE WHO ENTERS THE CLIMB UPTON HIGH ROPES COURSE AREA WITHOUT FIRST SIGNING THIS ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT IS A TRESPASSER.

By signing this Agreement, I acknowledge that I understand this activity involves significant risk of injury and/or death from causes that can be foreseen and that may be unforeseen.

In consideration of the license to enter the Climb UPton High Ropes Course area and to participate in activities in the Climb UPton High Ropes Course area, I for myself, my spouse, my heirs, assigns, executors, legal representatives, trustees, and all persons claiming an interest under me, hereby agree as follows:

1.     I agree to ASSUME ANY AND ALL RISKS involved in or arising from my presence and/or participation in activities on the Climb UPton High Ropes Course premises, including but not limited to the risks of falling, fractures, bruises, cuts, abrasions, concussions, dangerous weather, injuries for my lack of fitness or conditioning, negligence of others, death, bodily injury, psychological injury, pain and suffering, weather-related injuries, injuries caused by other participants, and consequential damages including but not limited to medical expenses and loss of income. I freely, voluntarily, and without duress expressly assume all such risks.

2.      I agree to RELEASE and forever discharge NOVA Parks, its officers, employees, volunteers, agents, heirs and assigns from all risks, demands, claims, and consequences of entering the Climb UPton High Ropes Course area and/or participating in activities in the Climb UPton High Ropes Course area, including but not limited to physical and psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), lost income, medical expenses, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence and/or the negligence of others, weather events and conditions, and unforeseen conditions arising from the activities in the Climb UPton High Ropes Course area.

3.     I agree to INDEMNIFY AND HOLD HARMLESS, NOVA Parks, its officers, employees, volunteers, agents, heirs and assigns against any and all claims, suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and any related costs, if litigation or the threat of litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If I make any such claim or any such claim is made by anyone on my behalf or as a consequence of my participation in activities on the Climb UPton High Ropes Course premises, I agree to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands or actions of any kind.

4.     I acknowledge that NOVA Parks, its officers, employees, volunteers, agents, heirs and assigns are not responsible for errors, omissions, acts or failures to act on behalf of Climb UPton High Ropes Course.

5.     I agree that if I, my legal representatives, executors, trustees or anyone on my behalf should make a demand or claim, or file an action related to my presence in the Climb UPton High Ropes Course area or from my activities on the Climb UPton High Ropes Course premises, this Release and Waiver may be introduced as a complete defense and bar to any such action.

6.     By signing this Assumption of Risk and Indemnification Agreement, I represent to NOVA Parks the following with the understanding that NOVA Parks is relying upon these representations and my agreement to this Assumption of Risk and Indemnification Agreement to permit me to enter the Climb UPton High Ropes Course and to engage in activities:

a.     I am able to read this Assumption of Risk and Indemnification Agreement and understand the consequences of signing it. IF I CANNOT READ THIS ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT DUE TO A LANGUAGE BARRIER, I WILL ASK SOMEONE TO READ THE ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT TO ME AND ASSUME ALL RESPONSIBILITY FOR SUCH PERSON TO READ IT CORRECTLY AND IN FULL. I WILL NOT SIGN THE ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT UNTIL I AM SATISFIED THAT I UNDERSTAND WHAT I AM SIGNING. 

b.     I acknowledge that this activity will involve physical exertion and test my physical limits. I understand that this activity will require me to follow instructions and to pay attention to my actions and the actions of others. I represent that I am capable of the physical and mental requirements for this activity.

c.      I am not pregnant. I have not had recent surgery or broken bones or muscle sprains. I do not have a back injury. I do not have any psychological conditions that will prevent me from safely participating in the activity. I do not have any physical or mental conditions that will expose me or anyone else to harm through my participation in the activities in the Climb UPton High Ropes Course area.

d.     I am not under the influence of any medication, drugs or alcohol that affects my ability to understand and/or participate in the Climb Upton High Ropes Course, nor do I have any limitation that prevents me in any way from understanding this Assumption of Risk and Indemnification Agreement, following all safety instructions or participating in the activities in the Climb UPton High Ropes Course area.

e.     I agree that this Assumption of Risk and Indemnification Agreement contains all the terms of my agreement to release and waive liability as provided herein. I have not relied upon any verbal statement of any representative of NOVA Parks not contained in this Assumption of Risk and Indemnification Agreement as to any matter provided herein.

7.        I agree to release and forever discharge NOVA Parks from any claim whatsoever, which arises or may arise on account of any first aid, treatment or service rendered for me or the decision of any agent or representative of NOVA Parks to consent to medical treatment while I am on the NOVA Parks premises if I am unable to give such consent on my own behalf.

It is my intent that this Assumption of Risk and Indemnification Agreement operate as a full release of all liability to the maximum extent permitted by law. This Assumption of Risk and Indemnification Agreement shall be interpreted under the laws of the Commonwealth of Virginia. In the event that any provision of this Assumption of Risk and Indemnification Agreement is determined to be unenforceable by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Assumption of Risk and Indemnification Agreement. I agree that the court should sever such unenforceable provision from the Assumption of Risk and Indemnification Agreement and modify the Assumption of Risk and Indemnification Agreement to provide a full release of all liability to the extent permitted by law.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

I understand and agree that the terms of this Assumption of Risk and Indemnification Agreement shall be binding upon my spouse, heirs, assigns, legal representatives, executor and trustee, and that it shall inure to the benefit of NOVA Parks, officers, employees, volunteers, agents, heirs and assigns.

PHOTO RELEASE

I grant to NOVA Parks, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize NOVA Parks, its assigns and transferees to copyright, use and publish the same in print and/or electronically.

I agree that NOVA Parks may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

If participant is under 18 years of age, parent or legal guardian must read and understand this Assumption of Risk and Indemnification Agreement.  The parent or legal guardian must initial/sign to accept.

If you have any questions or concerns prior to participating in this activity, please speak with a NOVA Parks’ official and consult with an attorney who has your best interest in mind.

This Agreement is severable.  It is enforceable as to the remaining parts, if any part is deemed unenforceable by law.

Participants must complete the following information:

THE UNDERSIGNED HAS READ THE ENTIRE ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTANDS ITS CONTENTS, AND SIGNS IT VOLUNTARILY.

Today's date: November 26, 2021

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
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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