Please read and be certain you understand the implications of signing. Express Assumption of Risk Associated with Recreational Activity(ies).
1. I do hereby affirm and acknowledge that I have been fully informed of the inherent hazard and risks associated with the recreational activity(ies) generally described as bouldering, rock climbing, skateboarding, scootering, roller blading, rip sticking, roller skating, BMX riding and/or an other skate park activities, including the rental of equipment and transportation associated therewith of which I am about to engage in. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.BLUFF VALLEY CAMPGROUND, INC. / OVER THE TOP RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT, MEDICAL DECLARATION, AND PARENTAL CONSENT PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH RECREATIONAL ACTIVITIES I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with recreational activities including, but not limited to, river tubing, inner tubing, floating, water recreation activities, swimming, transportation to and from activity locations, bouldering, rock climbing, skateboarding, scootering, roller blading, rip sticking, roller skating, BMX riding, skate park activities, equipment rental, and any other recreational activities conducted by Bluff Valley Campground, Inc. and/or Over The Top (collectively referred to as the "Activities"). I understand that participation in the Activities involves risks that may result in serious injury, illness, disability, property damage, drowning, paralysis, emotional distress, or death. Such risks include, but are not limited to: - Injury resulting from participation in the Activities and use of equipment.
- Equipment failure, misuse, defects, loss, or malfunction involving personal or rented equipment, tubes, flotation devices, or other recreational equipment.
- My own negligence and/or the negligence of others, including participants, spectators, employees, volunteers, contractors, or agents.
- River and water hazards including currents, changing water levels, submerged objects, rocks, logs, branches, debris, uneven river bottoms, slippery surfaces, sudden drop-offs, dams, strainers, and changing weather conditions.
- Falling from, becoming separated from, or colliding with an inner tube, participant, structure, vehicle, watercraft, rock, tree, or other natural or man-made obstacle.
- Drowning, near drowning, hypothermia, heat exhaustion, heat stroke, dehydration, sunburn, insect bites, animal encounters, and exposure to environmental conditions.
- Transportation-related incidents occurring while traveling to, from, or between activity locations.
- Accidents or illnesses occurring where immediate medical care may not be available.
- Fatigue, panic, dizziness, impaired judgment, reduced reaction time, physical exertion, or medical conditions that increase the risk of injury.
- Unknown, unforeseen, or unanticipated hazards that may arise during participation.
I understand that this list is not complete and that other risks, known or unknown, may result in injury, illness, disability, property damage, or death. REQUIRED ACKNOWLEDGMENT I understand that participation in tubing, water activities, and other recreational activities involves inherent risks that may result in serious injury, drowning, paralysis, property damage, or death. I understand that the risks described above are not a complete list and that unknown or unanticipated risks may result in injury, illness, property damage, or death. I Agree TUBING AND WATER ACTIVITY ACKNOWLEDGMENT I specifically acknowledge that river tubing, floating, swimming, and water recreation activities involve inherent risks that cannot be eliminated regardless of the care taken by Bluff Valley Campground, Inc. and/or Over The Top. I understand that river conditions, water levels, currents, weather, and hazards may change without warning. I accept full responsibility for determining whether I am physically capable of safely participating and voluntarily assume all risks associated with participation. REQUIRED ACKNOWLEDGMENT I understand that river conditions, water levels, currents, weather, and hazards may change without warning. I voluntarily assume all risks associated with tubing, floating, swimming, and water recreation activities. I understand that tubing and water activities may result in serious injury, drowning, or death. I understand that I am responsible for determining whether I possess the swimming ability, physical condition, and judgment necessary to safely participate in tubing and water recreation activities. I understand that natural river conditions may include deep water, shallow water, swift currents, submerged objects, rocks, logs, debris, slippery surfaces, changing weather, and other hazards that may increase the risk of injury, drowning, or death. I understand that transportation to and from activity areas may be provided and that such transportation carries risks of injury, property damage, disability, or death, which I voluntarily assume. I Agree RELEASE OF LIABILITY AND WAIVER OF CLAIMS In consideration for being permitted to participate in the Activities, I hereby agree as follows: I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Bluff Valley Campground, Inc., Over The Top, their owners, officers, directors, shareholders, employees, volunteers, agents, contractors, sponsors, insurers, affiliated companies, representatives, successors, assigns, and property owners (collectively referred to as the "Released Parties") from any and all claims, demands, actions, causes of action, damages, losses, costs, expenses, attorney fees, liabilities, or judgments arising from or related to my participation in the Activities. This release includes claims arising from the negligence, whether active or passive, of any Released Party to the fullest extent permitted by law. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue the Released Parties for injuries, damages, losses, or death resulting from participation in the Activities. INDEMNIFICATION AGREEMENT I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, expenses, and attorney fees arising from: • My participation in the Activities; • My conduct during participation; • Any damage caused by me to persons or property; • Any claim brought by or on behalf of a minor participant for whom I sign this Agreement. I Agree MEDICAL DECLARATION I certify that I am physically capable of participating in the Activities. I understand that participation may not be appropriate for individuals with certain medical conditions including, but not limited to, epilepsy, seizures, serious heart conditions, severe respiratory conditions, significant mobility limitations, recent surgeries, severe joint injuries, or any other condition that could increase the risk of injury. I certify that: • I am not participating against medical advice. • I will immediately notify staff if I feel ill, injured, unsafe, or unable to continue participation. • I assume full responsibility for any medical conditions that may affect my participation. • I am responsible for obtaining any medical treatment that may become necessary. REQUIRED ACKNOWLEDGMENT I certify that I am physically able to participate in the activities covered by this waiver. I am not participating against medical advice. I agree to immediately notify staff if I become injured, ill, or unable to safely continue participation. I Agree MEDICAL AUTHORIZATION In the event of an emergency, accident, or illness, I authorize Bluff Valley Campground, Inc., Over The Top, and their representatives to obtain emergency medical treatment for me if I am unable to provide consent. I understand and agree that I am solely responsible for any medical expenses incurred as a result of such treatment. INSURANCE ACKNOWLEDGMENT I understand that Bluff Valley Campground, Inc. and/or Over The Top may not provide medical, health, disability, or accident insurance coverage for participants. I certify that I have adequate insurance coverage or agree to bear the costs of any injury, illness, property damage, or loss that may occur.. I Agree MINOR PARTICIPANTS Participants under eighteen (18) years of age must have this Agreement signed by a parent or legal guardian. PARENT OR LEGAL GUARDIAN CONSENT I certify that I am the parent or legal guardian of the minor participant. I have read and understand this entire Agreement and consent to the minor's participation in all Activities offered by Bluff Valley Campground, Inc. and/or Over The Top. On behalf of the minor participant, I knowingly and voluntarily assume all risks associated with participation in the Activities, including the risk of injury, disability, drowning, property damage, and death. To the fullest extent permitted by law, I release, waive, discharge, and covenant not to sue the Released Parties from any claims arising from the minor participant's participation in the Activities. I further agree to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor participant. PARENT/GUARDIAN REQUIRED ACKNOWLEDGMENT I am the parent or legal guardian of the minor participant. I consent to the minor participant's participation in all activities covered by this waiver. I have authority to sign this agreement on behalf of the minor participant. AUTHORIZED ADULT ACKNOWLEDGMENT If a minor participant is accompanied by an adult other than a parent or legal guardian, the accompanying adult represents that they have authority from the parent or legal guardian to supervise the minor and authorize participation in the Activities. The accompanying adult agrees to comply with all campground rules and accepts responsibility for supervising the minor participant while participating in the Activities. Bluff Valley Campground, Inc. and/or Over The Top reserves the right to require verification of such authority and may deny participation if satisfactory authorization is not provided. AUTHORIZED ADULT REQUIRED ACKNOWLEDGMENT I have authorization from the parent or legal guardian to supervise this minor participant and permit participation in the activities covered by this waiver. I Agree FINAL PARTICIPANT ACKNOWLEDGMENTS I agree to follow all campground, tubing, recreation area, and safety rules and all instructions given by staff. I agree not to participate while under the influence of alcohol, illegal drugs, marijuana, or any substance that may impair my judgment or ability to safely participate. I understand that Bluff Valley Campground, Inc. and Over The Top are not responsible for lost, stolen, or damaged personal property. I authorize emergency medical treatment if I am unable to provide consent and understand that I am responsible for any resulting medical expenses. I have carefully read this entire Release of Liability, Assumption of Risk, and Indemnification Agreement. I understand that by signing this agreement I am giving up certain legal rights, including the right to bring certain claims against Bluff Valley Campground, Inc. and Over The Top. I voluntarily agree to all terms contained in this Agreement. I Agree SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. ELECTRONIC SIGNATURE AGREEMENT By checking the required acknowledgment boxes and providing my electronic signature, I acknowledge that I have carefully read this Agreement, fully understand its contents, understand that I am giving up substantial legal rights, and voluntarily agree to be legally bound by all terms and conditions contained herein. I Agree |