THIS IS A LIABILITY WAIVER AND A RELEASE OF FUTURE CLAIMS AGAINST DOGWOOD CANYON FOUNDATION AND DOGWOOD CANYON, LLC. SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. NEITHER DOGWOOD CANYON FOUNDATION NOR DOGWOOD CANYON, LLC GUARANTEES YOUR SAFETY.
THIS LIABILITY WAIVER AND RELEASE OF FUTURE CLAIMS (hereinafter “Release”) is hereby entered into on the date of: February 8, 2023 , between Dogwood Canyon Foundation, Dogwood Canyon, LLC, and their parent companies, subsidiaries, affiliates, officers, directors, employees and agents (hereinafter collectively referred to as “Dogwood Canyon”) and “Participant,” who is the person identified below:
WHEREAS, Participant desires to participate in the Segway Tour at Dogwood Canyon Nature Park, which includes, without limitation, the Participant’s operation a Segway motorized personal vehicle within the Nature Park (hereinafter collectively referred to as “the Activity”).
NOW, THEREFORE, in consideration of the use of Dogwood Canyon’s facilities/equipment, participation in the Activity itself and other good and valuable consideration, the receipt and legal sufficiency of which being hereby acknowledged, Participant agrees as follows:
SECTION 1: GENERAL ACKNOWLEDGMENTS OF PARTICIPANT.
BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES AND AGREES AS FOLLOWS:
A. ALL Participants are required to wear ASTM--approved safety helmets while engaging in this Activity.
B. That Participant is required to obey all posted signs and verbal instructions from Dogwood Canyon staff, as a condition of participating in the Activity.
C. That Participant has no physical or mental condition that precludes him/her from safely participating in the Activity and that he/she is not participating against medical advice.
D. That Participant has the opportunity to inspect Dogwood Canyon’s equipment and location before any participation.
E. That if, while participating in the Activity, Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Activity and immediately bring said hazard to the attention of Dogwood Canyon.
F. That this Release is a contract, and by signing below and participating in the Activity, Participant is giving up certain legal rights to sue or seek damages or any other compensation from Dogwood Canyon for its negligence in the event of injury or death to Participant while engaging in the Activity, as more fully set forth herein. If Participant is not willing to acknowledge the risks and agree not to sue Dogwood Canyon as set forth herein, he/she should not engage in the Activity.
SECTION 2. WARNINGS AND ASSUMPTION OF RISK. Participant acknowledges and understands that Dogwood Canyon Nature Park is a managed wildlife/wilderness area located several miles from Dogwood Canyon® and that there are inherent elements of risk always present in the Activity despite the taking of all safety precautions. In addition, riding on or otherwise utilizing a Segway (a personal transportation/mobility device, which shall also include for these purposes any other personal transportation/mobility device provided by Dogwood Canyon to Participant, regardless of actual name brand or manufacturer) or participating in a Segway ride and tour is a physical activity subject to inherent risks and the potential for personal injury or death which may be caused by Participant’s own actions, actions, negligence or interference of others, weather, terrain, equipment or obstacles and hazards seen or unseen, known or unknown. These risks also include, among other things: vehicular and pedestrian traffic, weather conditions, exposed stones, irregular travel surface, earth, ice, trees or other natural objects, exposed holes, impact or collision with other machines, failure to operate the machine in a safe fashion, negligence of others, public attraction, falling, crashing, hitting, bumping, breaking, scraping, cutting and others. Participant fully accepts any and all such risks.
****WAIVER AND RELEASE OF LIABILITY****
SECTION 3: RELEASE OF LIABILITY AND COVENANT NOT TO SUE: By signing this Release and thereby being permitted to engage in the Activity, Participant hereby expressly waives, releases and relinquishes, any and all rights, claims or causes of action that Participant may have or that may arise against Dogwood Canyon for bodily injury, personal injury, mental injury, property damage, death, medical expense and any and all other economic and non-economic losses sustained by Participant, which: (1) arise from or are related to the Activity or the condition of Dogwood Canyon’s premises; and (2) are caused by or result from the NEGLIGENCE of Dogwood Canyon; including any such claims brought by any person or entity claiming by or through Participant. Participant further covenants and agrees that he/she will not sue Dogwood Canyon or assert any claims against it for any alleged NEGLIGENT acts or omissions, arising out of or in any way related to the condition of Dogwood Canyon’s premises or Participant’s participation in the Activity. Participant agrees to indemnify and hold Dogwood Canyon harmless from any and all liabilities, settlements, expenses, and costs, including reasonable attorneys’ fees, incurred by Dogwood Canyon in defending against claims, suits, etc. arising from Participant’s participation the Activity.
SECTION 4: PUBLICITY: Participant hereby grants permission to Dogwood Canyon to publish, in any form, photographs or other type of media, Participant while involved in the Activity and agrees that Participant is not due any payment from Dogwood Canyon for publishing the photographs or other media.
SECTION 5: ENTIRE AGREEMENT--MISSOURI LAW, JURISDICTION AND VENUE--PARTIAL INVALIDITY: This Release constitutes the final and entire agreement between Dogwood Canyon and Participant concerning the Activity and his/her participation in same. Participant agrees that Missouri law shall exclusively govern the interpretation, construction and enforcement of this Release, which is intended to be as broad and inclusive as is permitted by the laws of the State of Missouri. Participant also agrees that the sole proper jurisdiction and venue for any and all claims and/or disputes of any kind, arising from the undersigned’s participation in the Activity and/or the enforcement or interpretation of this Release, shall be in the Circuit Court of Taney County, Missouri (or in the event any legal action is originally filed in or removed to Federal Court, sole proper venue shall be in United States District Court for the Western District of Missouri, Southern Division). If any portion of this Release is found to be void, invalid, or unenforceable, it is agreed that the remaining portions shall remain in full force and effect.
BY SIGNING BELOW, THE PARTICIPANT (PARENT/GUARDIAN IF PARTICIPANT IS A MINOR) WARRANTS THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THE TERMS OF THIS RELEASE AND ACKNOWLEDGES THAT THIS RELEASE INCLUDES A WAIVER AND RELEASE OF LIABILITY AND FURTHER AFFIRMS THAT HE/SHE SIGNS THIS DOCUMENT VOLUNTARILY AND OF THEIR OWN FREE WILL, WITH THE INTENT TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS.
Date: February 8, 2023