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Copy and RIVER GORGE ZIPLINES, LLC Participant AGREEMENT, ASSUMPTION OF RISK AND RESPONSIBILITY and RELEASE OF LIABILITY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS - PLEASE READ CAREFULLY! YOU MUST COMPLETE AND SIGN THIS FORM BEFORE PARTICIPATING!

WARNING: There are significant elements of risk in any adventure, sport or activity associated with a "zip line, canopy tour," and/or fitness training regimens and equipment (referred to herein collectively or individually as "Activity"). Although we, Red River Gorge Ziplines, LLC, (referred to herein collectively or individually as "Company") have taken reasonable steps to provide you with appropriate equipment and/or skilled instructors so you can enjoy an Activity for which you may not be skilled, the Company wishes to remind you this Activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of the Activity can be causes of loss or damage to equipment, or accidental injury, illness, or even permanent trauma or death. The Company does not want to frighten you or reduce your enthusiasm for this Activity, but it is important for you to know in advance what to expect and to be informed of the inherent risks. We do not recommend that persons with back problems, persons with heart conditions, or expectant mothers ride ziplines. You should be in good physical condition to participate in this Activity.

ACKNOWLEDGEMENT OF RISKS: I/We acknowledge that the following describes some, but not all of the risks:

1) The nature of the activities themselves, namely: riding on and participating in the zipline; 2) Personal injury of any sort and property damage caused by any of the following: manufacturer's defects in equipment; falls; collision with obstacles such as trees, tree limbs or branches, cliffs, depressions, gullies, hidden stumps or rocks; avalanche, snow storm, ice, and other adverse weather conditions; we/our failure to follow the guide's safety and trail instructions; unavailability of immediate medical attention in the event of an emergency; we/our becoming disoriented and lost; the quality and sufficiency of clothing and/or protective headgear provided; and, if a motor vehicle is used in connection with the Activity, motor vehicle accident, including rollover of a motor vehicle and other risks incidental to the nature of the Activity; 3) Negligent acts or omissions of the Company, its agents or employees, and other persons or entities; 4) Latent or apparent defects or conditions in equipment, protective clothing, or other property supplied by the Company or other persons or entities; 5) The use or operation, by me/us or others, of equipment supplied by the Company or persons or entities; 6) Negligent acts of omissions of other participants in this Activity and of third parties; 7) Weather conditions; 8) Contact with ice, snow, water, plants, or animals; 9) My/our own physical condition, and/or my/our own acts and omissions; 10) Conditions of roads, trails, waterways, or terrain, and accidents arising from their use; 11) First aid emergency treatment, or other services rendered by the Company or its agents or employees; and 12) Consumption of food or drink.

I/We understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death. By signing below, I/we warrant and covenant that if I/we encounter a situation or problem that was not covered by the instructions provided by the Company or its agents or employees, I/we hereby agree and promise to stop and wait for proper instructions. My/our participation in this Activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the Activity which l/we, and any minor children for which I am/we are responsible, will engage in, I/we confirm that I am/we are physically and mentally capable of participating in the Activity and/or using equipment. I/We participate willingly and voluntarily, and I/we assume full responsibility for personal injury, accidents and illness (including death), and any related expenses. I/we also assume responsibility for damage to or loss of my/our personal property and personal property belonging to the Company or its agents or employees. I/We also assume responsibility for accidents or injuries connected in any way or arising from my/our participation in this Activity, including, but not limited to, any negligent acts or omissions of the Company or its agents or employees, and of all other person or entities, whether caused by me/us, a co-participant, agent or employee of the company, or a volunteer, and whether or not such negligence is comparative or contributory. I/We agree to receive instruction of required skills and techniques prior to participating and to follow all instructions and posted rules. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries.

RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE: l/We (on behalf of myself/ourselves and any named minor child) hereby voluntarily release and forever discharge the Company, the U.S. Forest Service, and the Kentucky State Parks (collectively "Released Entities") and each of their agents, employees, and/or insurers from any and all liability, claims, demands, actions, or rights of action which are related to, arise out of, or are in any way connected with my/our participation in this Activity, including, but not limited to, any acts, neglect, or omission of the Company or its agents or employees, and of all other persons or entities, for any and all injury, illness, disease, death, and damage to my property. l/We hereby agree to and shall at all times defend, indemnify, and hold the Released Entities and their officers, agents, and/or employees, wholly harmless from any and all losses, costs (including court costs and attorney's fees), expenses, penalties, response costs, claims, demands, or suits by any person(s), entity, or entities, whether or not frivolous, injuries, damages, or death, and other liabilities of whatever kind and nature, arising from (directly or indirectly), connected with, incident to, or resulting from my/our participation in this Activity.


DAMAGE CLAUSE: l/We understand and agree that I am/we are responsible for any damage caused by my/our use or operation of the zipline to the zipline equipment and/or the surrounding environment.

COVENANT OF GOOD FAITH: l/We recognize that the Company, and its agents, volunteers, contractors, and employees, as provider(s) of services, will operate under a covenant of good faith and fair dealing, but that the Company may find it necessary to terminate the Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company judges to be incapable of meeting the rigors or requirements of participating in the Activity. l/We accept the Company's right to take such actions for the safety of myself/ourselves and/or other participants. l/We acknowledge that no guarantees have been made with spect to objectives of the Activity.

AUTHORIZATION: l/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. l/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. l/We agree that any film or photographs of me/us, as participants, become the property of the Company and may be used for promotional or commercial purposes.

ENTIRE AGREEMENT: l/We understand and acknowledge that this Agreement is the entire agreement for release and discharge, acceptance of responsibility, and acknowledgement of risks between myself/ourselves and the Company and its officers, agents, and/or employees, and that this Agreement cannot be verbally modified or changed in any way by the representations or statements of the officers, agents, or employees of the Company.

JURISDICTION: Notwithstanding the waiver of liability, release, indemnification, and covenant not to sue which I/we understand and sign voluntarily, l/we further agree that any claim based upon or arising from this document, or my/our participation in the Activity, shall be resolved by binding arbitration or litigation at the Company's sole option. The provisions for arbitration shall be specifically enforceable under the Federal Arbitration Act. The site for arbitration shall be Lee County, Kentucky. In the event the Company does not select binding arbitration, then any litigation shall be brought in a court located in the Commonwealth of Kentucky and shall be subject to the statutory and common law of the Commonwealth of Kentucky. I/We also waive any right to a trial by a jury regarding any matters which are the subject of this Agreement, and agree to the exclusive jurisdiction of the Lee Circuit Court, the Lee District Court, or the United States District Court for the Eastern District of Kentucky to hear any dispute, legal complaint, or petition for damages.

RELEASE: In consideration of services or property provided, l/we, for myself and any minor children for which I am/we are parent or legal guardian, any heirs, personal representatives or assigns, do hereby release RED RIVER GORGE ZIPLINES, LLC and their principals, directors, officers, agents, employees and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an Activity is conducted, from all liability and waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).



First Participant's Name

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First Participant's Signature*
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Eighth Participant's Name

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Ninth Participant's Name

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Tenth Participant's Name

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Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
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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