By applying my electronic signature to this agreement, whether on my own behalf and/or on the behalf of any minors, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract.
Adventure Center of Asheville
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in Aerial Adventure Park/Kids Zipline/Zipline Canopy Tours/KOLO Bike Park/Teambuilding and other activities (collectively the “Activities”) provided by Adventure Center of Asheville, LLC (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. ALL GUESTS WILL BE IN CLOSE CONTACT WITH STAFF AND OTHER GUESTS, SO EXPOSURE TO GERMS IS ALWAYS POSSIBLE.
AGE, WEIGHT, AND ACCESS RESTRICTIONS: I also confirm that I am within the age and weight limits set for the activities I will participate in and will ask an employee if I am not sure of the age or weight restrictions for such activities. I agree that I will not, at any time, climb, play or otherwise use the Facilities or any part of the Facilities while not an authorized participant.
Treetops Adventure Park: Maximum Weight 265 lbs.
AGREEMENT TO PARTICIPATE AND HOLD HARMLESS
H&A Productions LLC, DBA Asheville Plays and The Haunted Trail
PLEASE READ CAREFULLY: This liability waiver is designed to cover an individual or a group (referred to hereafter as “Participant(s)) with the understanding that by signing below, the undersigned attests that:
• The Participant(s) understand, are familiar with and agree with the entire waiver contents and
• The undersigned has the LEGAL AUTHORITY to speak for ANY and ALL Participant(s) listed (i.e.: spouse, children, immediate family, or persons in the care of the undersigned) in the event of an emergency.
I. Assumption of Risk. You and every person who enters The Haunted Trail at The Adventure Center of Asheville (hereinafter “The Haunted Trail”) acknowledges that the Haunted Trail is an unique and interactive environments, and that such environments have certain, inherent, known and unknown, obvious or non-obvious risks, including, but not limited to: uneven walk-ways; sliding; tripping; slipping; props or people; strobe lights and dimly lit areas. These risks may cause serious physical injury or even death. You further acknowledge and assume the risks from the presence of, and exposure to, the following risks: 1) fog, dust or smoke; 2) uneven floors; 3) slippery floors; 4) obstacles and obstructions on, in or along paths and walkways; 5) dimly lit walkways; 6) sudden motions or movements; 7) darkness; 8) loud noises; 9) bright lights; 10) strobe lights; 11) any acts by you or others because of fear, anxiety, dizziness, asthma, impaired vision, and any other physical or emotional condition; 20) the failure of any safety device or procedure; 12) frightening statements and conduct; 13) unpredictable and surprising situations; 14) ANY ACT OF NEGLIGENCE, whatsoever, by any person working at the Haunted Trail, in addition to any and all other activities techniques or procedures designed to frighten patrons.YOU MUST PAY ATTENTION AT ALL TIMES. IF YOU DO NOT ASSUME AND ACCEPT ALL RISKS FOR POTENTIAL INJURY, YOU DO NOT HAVE PERMISSION TO ENTER THE HAUNTED TRAIL.
The Participant(s) further authorize Asheville Plays to seek emergency medical services in the event of an accident. In consideration for Asheville Plays allowing the Participant(s) to participate in the program, the Participant(s), any children, heirs, personal representatives and assigns do hereby release and forever discharge Asheville Plays and The Town of Asheville, their agents, employees, officers, directors, affiliates, successors and assigns, of and from any and every claim, demand, action or right of action of whatsoever kind of nature, whether in law or in equity, arising from or by reason of any personal injury, known or unknown, death or property damage, resulting or to result from any accident of other occurrence which may occur as a result of the participation in this program, or resulting from the administration of emergency medical attention, whether such injury, death or damage is caused by negligence or not.
I, the undersigned, have carefully read the foregoing release, and all Participant(s) understand the contents thereof and agree to this release as a free act with the undersigned as their representative. The foregoing release shall be enforceable by Asheville Plays, their agents, employees, officers, directors, affiliates, successors and assigns.
IMAGE RELEASE: In consideration of those represented by this waiver whom are being allowed to participate in any way in Asheville Plays Programs, related events or activities, the undersigned agrees that such participants’ likeness may be photographed or videotaped and that such image may be published in an outlet used to promote or to publicize the program.