RECREATIONAL ACTIVITY RELEASE OF LIABILITY,

WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK

AND INDEMNITY AGREEMENT (the “Agreement”)

Please read this Agreement carefully and be certain that you understand the implications of signing. Note that the Agreement can be signed online (click on the online link) or can be filled out at one of our stations in our facility. The Agreement is valid for one (1) year after signing. At the end of the year, you must execute a new Agreement, provide a new photograph, and update your profile.

Express Assumption of Risk Associated with Recreational Activities

By signing below, I hereby understand, affirm and acknowledge that the hazards and risks of physical exertion associated with participating in Paintball, Airsoft, LaserTag, Gelblaster, Ziplining, rock climbing, ropes course, ATV riding, escape rooms, adventure trails, gem mining, soccer, educational activities and related activities, games, and events offered by G and V Business Ventures, LLC d/b/a Xtreme Park Adventures (“Xtreme Park Adventures”) and the rental and/or use of equipment and/or transportation associated therewith include, but are not limited to, the following (collectively, the “Activities”):

• Risk of harm or injury from the Activities, acts of God, failure or malfunction of equipment (including equipment rented from Xtreme Park Adventures), exposure to weather, elements, excessive heat, hypothermia, impact of body upon the water, injection of water into my bodily orifices, encountering natural and man-made hazards, uneven terrain, falling tree limbs, attack by or encounters or exposure to insects, reptiles, snakes, and/or other wild animals with the intent of kicking, biting, stinging or moving in an unanticipated manner causing injury and/or death, theft, vandalism, risk of diminished reaction time and the increased risk of accident or injury to myself or others due to fatigue, chill and/or dizziness of myself or others, or other acts or omissions by me or others participating in the Activities. Injuries or harm that could result from the above include, without limitation, mental or physical injury, disease, strains, sprains, fractures, partial or total paralysis, eye injury, blindness, heat stroke, heart attack, partial or permanent disability, death, or other serious bodily injury.
• Harm, injury or even death due to my own negligence and/or the negligence of others, including, but not limited to, contact with other participants and/or fixed or moving objects, operator error or guide decision making, misjudging terrain, weather, trails or route direction.
• Risk of delayed or no medical treatment due to accidents or illness occurring in remote places where there are no available medical facilities. I understand there are no trained medical personnel on staff with Xtreme Park Adventures. However, I authorize Xtreme Park Adventures to provide basic first aid and to seek medical attention, including calling 911.

I understand and acknowledge that the description of the risks above are not complete and that participation in the Activities may involve additional unknown or unanticipated risks that are not readily foreseeable at this time, but which could result in serious injury, illness or death. In spite of such risks, I hereby assume with full knowledge all risks to me involved in participating in the Activities and take all responsibility for all liabilities, losses, costs, and damages I incur as a result of my participation in such Activities.

Release of Liability and Indemnity

In consideration for being permitted by Xtreme Park Adventures to participate in the Activities on its property (the “Premises”), I agree and covenant on behalf of myself, my children and any minor for whom I am the guardian, I will not directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against Xtreme Park Adventures or any member, manager, officer, employee, agent, successor or assign thereof (collectively, the “Released Parties”), or in any manner assert any further claim or demand against the Released Parties, that in any manner arise from or relate to the Activities or any equipment received and/or obtained from Xtreme Park Adventures. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the Released Parties from any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my participation in the Activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the Released Parties. The undersigned likewise shall indemnify the Released Parties against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The undersigned represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and he or she voluntarily assumes that risk as part of this agreement.

Declaration of Fitness

I hereby declare that I am in good health and sufficient physical condition to participate in the Activities and that I do not have any medical conditions, mental or physical, which could reasonably and foreseeably cause a dangerous situation to other persons or myself while participating in the Activities. I further acknowledge that I may decline to participate any further in the Activities at any time for any reason.

Photo/Video Release

I authorize the use of my appearance by Xtreme Park Adventures. I understand that I am to receive no compensation for any appearance. Xtreme Park Adventures shall have sole and complete ownership of the media capture. I authorize Xtreme Park Adventures to use photo, video and voice. I authorize Xtreme Park Adventures to make copies of the photographs and recordings for the purposes of education, promotion, marketing or advertising. I further understand that the master copies are the property of Xtreme Park Adventures and I hereby assign all right, title and interest I may have in any and all photos taken on the Premises to Xtreme Park Adventures and consent to the use of such photos for promotional and marketing purposes at the sole discretion of the Xtreme Park Adventures. I understand that i will inform Xtreme Park Adventures in advance if I choose not to be part of any photo or video taken. 

Agreement to Follow Rules

I HEREBY AGREED TO ABIDE BY ALL RULES SET FORTH BY XTREME PARK ADVENTURES (INCLUDING, IF APPLICABLE TO ME, SUCH RULES REGARDING ABOVE GROUND SPORTS ACTIVITIES SET FORTH ON SCHEDULE A HERETO AND SUCH RULES REGARDING ATV ACTIVITIES AS SET FORTH ON SCHEDULE B HERETO). Rules are subject to change at any time in Xtreme Park Adventures sole discretion. Any violation of the rules may result in the immediate expulsion from the Premises, including the possibility of being permanently banned from the Premises. Returning to the Premises after being permanently banned will be considered trespassing, which Xtreme Park Adventures will prosecute to the fullest extent of the law.

<<< You Break/Loose You Pay Policy >>>

Any equipment (new at our sales shop or rental equipment) shall be returned in the same conditions it was given. Any damaged or lost items shall be paid in full by the customer or responsible party. 

Xtreme Park Adventures Rules (General)

• Player must register and sign this Agreement and pay all required fees before participating in any Activities.
• All markers must be chronographed before play maximum of 285 fps (ask a staff member if you don’t understand this).
• Maintain a family atmosphere: no profanity, fighting, or other inappropriate behavior.
• No alcohol or drugs are allowed on the Premises at any time, regardless of age.
• Smoking/vaping is permitted in parking area only.
• Please be respectful and throw away your cigarette butts in appropriate containers.
• SAFETY GOGGLES/MASK MUST BE WORN AT ALL TIMES ON THE PAINTBALL/AIRSOFT FIELDS. Anyone caught raising or removing his or her mask on the paintball field may be expelled.
• No shooting in parking lot area or Neutral Zones. Gun barrel plugs are required in these areas and or removal of magazines.
• Do not shoot, shoot at, or otherwise annoy or harass any animals or people.
• Do not climb any fences or the exterior of any structures on the Premises.
• Do not adjust or work on rental markers or equipment.
• Anyone caught raising FPS levels during play will be removed from the Premises.
• Random chronographs may be performed.
• All decisions of Safety Officers (referee) are final. Arguing with the decision of a Safety Officer may lead to removal from the Premises.
• If you are removed from the Premises for any violation of these rules, you will not receive a refund. If you return after being permanently banned, you will be prosecuted for trespassing, to the fullest extent of the law.
• You must report any unsafe activity or material on the field of play to a Safety Officer at your first chance.
• Anyone who intentionally shoots field signs or equipment, or otherwise willfully damages any portion of the Premises in any way, will be required to pay replacement costs and may be removed from and permanently banned from the Premises.
• Activities are for fun and the Honor System is in use. No cheating!

Miscellaneous Provisions

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. This Agreement shall be governed by the laws of the State of North Carolina, without regard to any applicable conflicts of law principles. In any judicial proceeding involving any dispute, controversy or claim arising out of or relating to this Agreement, I unconditionally accept the exclusive jurisdiction and venue of any United States District Court located in Durham County, North Carolina, and the appellate courts to which orders and judgments thereof may be appealed. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorneys’ fees and all costs and expenses incurred in pursuit thereof. This instrument with attachments constitutes the entire agreement between the parties, and I hereby confirm that I am not relying on any oral or written representation or statements made by the Released Parties other than what is set forth in this Agreement. No provision of this Agreement shall be modified or rescinded unless in writing signed by an authorized representative of Xtreme Park Adventures.

I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN FREELY AND VOLUNTARILY WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE AND WITHOUT ANY INDUCEMENT.

Schedule A – Above Ground Sports Activities

Express Assumption of Risk Associated with Above Ground Sports Activities

By signing below, I hereby understand, affirm and acknowledge that the hazards and risks of physical exertion associated with participating in all zip line, ropes course and rock climbing activities (collectively, the “Above Ground Sports Activities”) Xtreme Park Adventures and the rental and/or use of equipment and/or transportation associated therewith include, but are not limited to, the following:

• Falls.
• Contact with other participants and/or fixed or moving objects.
• Risk of injury from the Above Ground Sports Activities or equipment utilized is significant, including but not limited to bodily injury, disease, strains, sprains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, Acts of God, permanent disability, and death.
• Possible equipment failure and/or malfunction of my own or others equipment.
• Risks associated with exposure to elements, excessive heat, hypothermia, impact of body upon water, injection of water into my bodily orifices, encountering either natural or man-made hazards, falling tree limbs, exposure to animals with the potential for kicking, biting, and/or moving in an unanticipated manner, causing injury and/or death.
• My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, trails or route direction.
• Attack by or encountering insects, birds, and/or animals.
• Accidents or illness occurring in remote places where there are no available medical facilities. I understand there are no trained medical personnel on staff and beyond basic first aid I authorize that medical attention will be sought immediately.
• Fatigue, chill and/or dizziness, which may diminish my reaction time and increase the risk of accident.
• Psychological trauma, including but not limited to panic caused by fear of heights.
• Risk of delayed or no medical treatment due to accidents or illness occurring in remote places where there are no available medical facilities. I understand there are no trained medical personnel on staff with Xtreme Park Adventures. However, I authorize Xtreme Park Adventures to provide basic first aid and to seek medical attention, including calling 911.

I understand and acknowledge that the description of the risks above are not complete and that participation in the Above Ground Sports Activities may involve additional unknown or unanticipated risks that are not readily foreseeable at this time, but which could result in serious injury, illness or death. In spite of such risks, I hereby assume with full knowledge all risks to me involved in participating in the Above Ground Sports Activities and take all responsibility for all liabilities, losses, costs, and damages I incur as a result of my participation in such Above Ground Sports Activities.

Above Ground Sports Activities Medical Addendum

The Above Ground Sports Activities are designed for participants of average mobility and strength who are in reasonably good health. In the case of the zip line, participants must be reasonably physically fit and able to control the speed of their travel along the zip line by grasping the cable above their head with leather gloves. Participants may also be required to pull themselves along a stretch of cable if they lose momentum before reaching any given landing platform. Additionally, participants must be able to climb a tower prior to beginning zip lining. Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, pregnancy, arthritis, tendonitis or other joint and muscular-skeletal problems may impair the safety and well-being of participants on the course, as may other medical, physical, psychological and psychiatric problems. All such conditions may increase the inherent risks of the experience and cause participants to be a danger to themselves or others. Participants with underlying medical problems that put them at greater risk of injury or illness during Above Ground Sports Activities must carefully consider those risks before choosing to participate and they must fully inform tour staff in writing prior to the beginning of the tour. Xtreme Park Adventures reserves the right to exclude any applicant from participation for medical, safety or other reasons, in its sole, absolute and unlimited discretion.

Schedule B – ATV Activities

Express Assumption of Risk Associated with ATV Activities

The undersigned hereby rent from Xtreme Park Adventures the following described all-terrain vehicle (”ATV”) or helmet for a limited period of time, upon the following terms and conditions. By signing below, I hereby understand, affirm and acknowledge that the hazards and risks associated with participating in all ATV activities (collectively, the “ATV Activities”) Xtreme Park Adventures and the rental and/or use of equipment and/or transportation associated therewith include, but are not limited to, the following:

Xtreme Park Adventures makes NO WARRANTY of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any vehicle or equipment covered by this agreement. The undersigned and any additional riders identified herein accept any vehicle or other equipment provided by Xtreme Park Adventures in its “as is” condition with all faults. The undersigned hereby acknowledge that riding ATV on Xtreme Park Adventures trail property with other like vehicles and riders is a dangerous activity, with a risk of bodily injury or death to others or myself. Xtreme Park Adventures strongly urges any renter and other riders to have medical insurance prior to engaging in this activity. Xtreme Park Adventures does not provide medical insurance and advises that serious injuries can be financially devastating. The undersigned and all additional riders hereby personally accept all risks and liabilities of this activity. It has been explained to the undersigned and I understand that by executing this document I am giving up important legal rights. It is my further intention to give up those rights and in good faith to relieve and release Xtreme Park Adventures of any duty legally owed to me in relation to the conduct of this activity.

I expressly and voluntarily assume all risk and liability for the loss or damage to any ATV/[UTV][1] or other equipment obtained from Xtreme Park Adventures, for the death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ATV or any other ATV and/or equipment received or obtained from Xtreme Park Adventures.

General Terms and Conditions (ATV Activities)

1. RULES OF OPERATION. I agree to follow and be bound by the rules set forth on this Schedule B and made a part of this Agreement.

2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE. I agree that only the persons signing or otherwise identified in this agreement will operate the rented ATV(s) and that passengers will not be carried on any ATV. Riders under the age of 18 years must have this waiver signed by a parent or legal guardian. Should any undersigned person, any minor child under my control or any other person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ATV, or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any ATV or equipment covered by this agreement damaged by myself or other riders, at the rate of $50 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. I hereby authorize XTREME PARK ADVENTURES to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges I may incur under the terms of this agreement.

3. If you are the parent or legal guardian of the rider identified in this waiver of liability then you hereby consent that the above listed ATV or any other vehicle or equipment I may obtain from XTREME PARK ADVENTURE may be used and operated by such minor(s) in accordance with the terms of this agreement. I shall be personally responsible for such minor(s) following and abiding by the rules and terms of this agreement.

Operational Rules (ATV Activities)

1. Only riders who have signed the Agreement, or a minor whose parent or guardian has signed the Agreement on their behalf, shall operate any ATV, or other rental vehicle.

2. A helmet must be worn at all times while operating or riding in an ATV.

3. Do not operate any ATV or other vehicle in a reckless or dangerous manner.

4. Obey all posted signs (if any) and guides instructions.

5. Do not carry persons other than what the machine is designed for.

6. Ride at your current skill level. Don’t push your limit. Be careful!

7. Do not ride outside designated trail areas. This includes areas posted DO NOT ENTER or posted Private Property.

8. Do not participate in any race or other contest involving ATVs or other vehicles.

9. Do not tow other ATVs or other vehicles and do not have them tow you and your rental ATV or other rental vehicles. Call your guide to help you!

10. No alcohol consumption or illegal drug use before or during use and possession of rented ATV or other vehicle and equipment.

11. Watch out for cliffs and drop-offs. Be very careful!

12. Avoid contact with wildlife, and keep a safe viewing distance.

13. Be aware of other riders and vehicles. Slow down when approaching a blind corner.

14. Do not park and leave vehicle or equipment unattended.

15. In case of a breakdown or emergency, call your guide. Do not leave a disabled vehicle alone at any time. Additional rental time will be allocated for time lost due to a breakdown for the rider of the down vehicle only.

16. Vehicles are to be returned on time or additional fees will be charged.

17. There are no refunds for early returns.

18. There are no refunds in the event of inclement weather.