Shepherd of the Hills Development LLC
Participant Agreement, Release, & Acknowledgement of Risk
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS
It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing in writing or electronically, you acknowledge that you have both read and understood all text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks that may not be readily foreseeable, including without limitation personal injury, property damage, or death. Your ability to participate in the identified Activities below in Section 1 is/are subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) in favor of The Shepherd of the Hills Development, LLC, Wiegand Sport GmbH and Josef Wiegand Co & Kg (collectively referred to herein as “Supplier”). Collectively and severally, Adult Participant, Legal Guardian and Child Participant, and their estates, heirs, executors, and representatives, are referred to, collectively, as the Participant. In consideration of Supplier permitting Participant access to the Premises and the ability to participate in the Activities, including the Activities that may occur in, about, or near The Shepherd of the Hills Outdoor Theater, Farm, & Adventure Park (Premises), Participant agrees as follows:
1. Nature of the Activities.
The Shepherd of the Hills Development, LLC. operates a park that offers Participants (a) the opportunity to participate actively or passively, in alpine slides, water slides, specialty slides, children’s slides, a Mystical Hex, Wie-Flyer, ziplines, rope courses, petting zoo, and other miscellaneous attractions, equipment, sporting events and/or other activities, instruction, training, fitness classes, competition, events, equipment, and programs and (b) access to the locker room, Premises, and concessions (collectively, Activities).
2.Types of Risks
2.1 Risks Associated with Activities. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; incomplete or inadequate warnings and instructions, improper or negligent installation of equipment; inadequate or negligent use, operation or supervision of the equipment, negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more foreseeable hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.
2.2 Scope. I expressly agree that the Release and Indemnity provided for in this Agreement shall cover all physical and emotional injuries and/or damages, including without limitation all bodily injury (including death) and property damage, whether suffered by me or anyone else before, during, or after participation. Additionally, I expressly agree that the scope of the Release and Indemnity shall include any Claims (as defined in Section 5 below) related, in whole or in part, to my own actions, the actions of third parties, or in any way related to the use of any equipment or property, whether foreseeable or unforeseeable.
3. Assumption of Risks.
Notwithstanding the foregoing risks and safety measures implemented by Supplier, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES, AND ANY RESULING INJURIES OR DAMAGES.
Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL.
5. Release and Indemnity.
TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF, CHILD PARTICIPANT, AND THEIR ESTATES, HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, ACQUITS, DISCHARGES AND AGREES NOT TO SUE, AND SHALL INDEMNIFY SUPPLIER, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES, AND MANAGEMENT OF THE PREMISES, ANY ENTITY RESPONSIBLE FOR INSPECTION, MAINTENANCE, SERVICE, REPAIR, OPERATION AND/OR USE OF THE EQUIPMENT OR ACTIVITIES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES, KNOWN, UNKNOWN OR UNFORSEEABLE (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIM OR CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE EQUIPMENT, ACTIVITIES OR PREMISES; (B) ANY DANGEROUS OR DEFECTIVE CONDITION OF THE EQUIPMENT OR ACTIVITIES (C) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES; (D) LOSS OR THEFT OF PERSONAL PROPERTY; (E) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF SUPPLIER; OR (F) PARTICIPANT’S BREACH OF THIS AGREEMENT.
PARTICIPANT acknowledges herein that this Agreement requires PARTICIPANT to release PROTECTED PARTIES from claims arising out of or related to PROTECTED PARTIES’ own negligence. PARTICIPANT willingly undertakes these obligations following fair and equitable negotiations at arm’s length, and not as a result of duress or other inequitable coercion. It is expressly understood and agreed that PARTICIPANT’s release is intended to be as broad as possible in order to comply with, and to the fullest and maximum extent permitted under, applicable law. It is the clear, express and unequivocal intention of PARTICIPANT that, even if allegations of fault are presented against PROTECTED PARTIES, and even if the finder of fact ultimately apportions negligence, fault or other liability to PROTECTED PARTIES for the claim, PARTICIPANT shall nonetheless release PROTECTED PARTIES against such claim.
UNLESS OTHERWISE STATED HEREIN, SUPPLIER MAKES NO EXPLICIT OR IMPLIED REPRESENTATIONS, GUARANTEES, OR WARRANTIES PERTAINING TO THE NATURE AND/OR SAFETY OF THE EQUIPMENT OR ACTIVITIES AND/OR THE HAZARDS AND/OR RISKS ASSOCIATED WITH THE EQUIPMENT OR ACTIVITIES AND/OR PREMISES. IF PARTICIPANT VIOLATES THIS AGREEMENT BY MAKING SUCH A CLAIM, PARTICIPANT WILL PAY ALL REASONABLE ATTORNEY’S FEES AND COSTS INCURRED BY PROTECTED PARTIES IN DEFENDING SUCH A CLAIM.
6. Dispute Resolution.
Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT AND SUPPLIER KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREES TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right that parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.
If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or any other person, Adult Participant warrants and represents to Supplier that he/she has read and understands this Agreement, has the legal authority, and/or such person’s actual and/or implied authority, to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
Participant represents to the Protected Parties that this Agreement is made in consideration for being permitted to participate in the Activities, is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein. This Agreement may only be modified in writing. Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the invalid portion shall be deemed reformed or deleted to comply with law, and the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises are located. The substantive laws of the state in which the Premises are located shall apply. By signing below, Participant authorizes Supplier to communicate with Participant via email with updates, news, advertisements, and offers.
10. Representations by Participant.
Participant represents to the Protected Parties as follows:
A. Participant shall obey all rules while participating in the Activities and alert the staff of any rules, violations, or dangerous behavior.
B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
C. Participant shall only attempt Activities that Participant can perform safely.
D. Participant is not aware of any health problems or any other physical condition that would prevent him/her from participating in the Activities.
E. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.
F. Supplier may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.
G. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
I HAVE CAREFULLY READ THIS RELEASE, UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT THE TERMS OF THIS DOCUMENT ARE CONTRACTUAL, AND I AM AWARE THAT I AM RELEASING CERTAIN IMPORTANT LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.
PARTICIPANT February 8, 2023
SIGNATURE OF PARENT/GUARDIAN ON BEHALF OF MINOR: (Note: guardian must be over 18 years of age) February 8, 2023