Acknowledgment & Assumption of Risk and Release of Liability
There are significant elements of risk in any participating in an aerial adventure course (the “Adventure Course”) at Sea Research Foundation, Inc. d/b/a Mystic Aquarium (the “Aquarium”). We have taken reasonable steps to provide you with appropriate equipment and/or skilled instructors so you can enjoy the Adventure Course and other activities within the Adventure Course building (collectively with the Adventure Course, the “Activities”) at which you may or may not be skilled; however, we wish to remind you the Activities have foreseeable and unforeseeable risks and certain risks cannot be eliminated without destroying their unique and exciting character. The same elements that contribute to the unique and exciting character of the Activities can be causes of serious injury to persons, death, and/or loss of or damage to equipment and can occur by accident, through negligence, or even intentionally. It is important for you to know in advance what to expect and to be informed of the inherent risks.
PARTIAL LISTING OF RISKS. Some, but not all of the risks, foreseeable or unforeseeable, associated with the Activities are: 1. Slips, trips, falls and/or collisions while using the Adventure Course, Activities below the Adventure Course, stairs, exits and entrances, and other facilities or equipment existing now or in the future; 2. Misuse of equipment or facilities, or failure of equipment and facilities, including but not limited to: worn or defective ropes, equipment, safety devices or portions of the Adventure Course structure itself; 3. Your physical strength, coordination, sense of balance, and ability to follow or give directions while participating in the Activities; 4. Abrasion from or entanglement with ropes or equipment; and 5. Bad decision making by you or those around you, and the presence, actions (including mistakes), or falls of other participants and observers. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY. You hereby acknowledge that participation in the Activities is purely voluntary. In recognition of the inherent risks of the Adventure Course in which you may engage, you confirm that you are physically and mentally capable of participating in the Activities and/or using all Activities facilities and equipment. You participate in the Activities willingly and voluntarily, and you assume the risk of any and all personal injury and/or damages to or loss of your personal property that occurs while at the Aquarium. You assume such risk even if the injury or damage is caused by the negligence of others, including but not limited to: members, visitors, Aquarium employees, officers, directors or agents. You further assume such risk whether the Activities in which you are participating is organized, unorganized, supervised or unsupervised. You assume the risk(s) of personal injury, accidents and/or illness, including but not limited to: sprains, torn muscles and/or ligaments, fractures or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, head, neck, and/or spinal injuries, shock, paralysis, and/or death. CAPABILITIES-HEALTH-INSTRUCTION. You recognize that Mystic Aquarium may find it necessary to refuse or terminate the participation of any person judged to be incapable of meeting the rigors or requirements of the Activities. You accept the Aquarium’s right to take such actions for the safety of yourself and/or other participants. You will not engage in the Activities beyond your capabilities and will not cause any third party to be endangered by any of your actions during the Activities or while using the facility or equipment. You represent that you are in good health and have no physical or mental limitations or problems that would affect your safe use of the facilities or equipment. You agree to abide by all Aquarium rules as they currently exist and as they are amended and will immediately comply with all instructions and requests from Aquarium staff. MEDICAL TREATMENT. You hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activities. You either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on your behalf. PHOTO/VIDEO RELEASE. You hereby acknowledge that photographs and/or video may be taken of me (and any minor children listed below on whose behave you may execute this Agreement) and hereby consent that such photographs and/or videos may be used by the Aquarium for advertising, promotional or marketing purposes without compensation to you. RELEASE OF CLAIMS. In consideration of being permitted to engage in the Activities and to use the facilities, equipment and services provided by the Aquarium, you, on behalf of yourself and any minor children for whom you are the parent, legal guardian or otherwise responsible, your spouse, your heirs, personal representatives or assigns, do hereby release and discharge the Aquarium, its trustees, directors, officers, agents, employees, and volunteers from any and all liabilities, suits claims, demands, actions or damages incurred by you arising out of your participation in the Activities, the Aquarium’s facilities, services or equipment, including, without limitation, all claims for property damage, personal injuries or wrongful death. You have read and understand this Acknowledgment and Assumption of Risks and Release of Liability. You understand that by signing this form, you are waiving valuable legal rights. SEVERABILITY, JURISDICTION AND VENUE. You agree that if any portion of this Acknowledgment and Assumption of Risks and Release of Liability is found to be void or unenforceable, the remaining portions shall remain in full force and effect. You agree that sole jurisdiction and venue for any litigation involving any actions covered by this Acknowledgment and Assumption of Risk and Release of Liability shall be in New London County, Connecticut. SAFETY GUIDELINES AND REGULATIONS FOR THE ADVERNTURE COURSE AND OTHER ACTIVITIES Please read each of the additional guidelines below. If you have any questions please inquire with Aquarium staff. The Aquarium requires that parents or legal guardians of participants under the age of 18 sign for that participant, after thoroughly explaining the guidelines. I hereby acknowledge and understand that: • The rules and guidelines are posted at the entryway to the Activities area. • I have a responsibility to conduct myself and any and all persons under my supervision, including minor children or persons over 18 that are under legal guardianship, under in a proper, courteous, and safe manner. • No one may use the equipment and/or facilities at the Aquarium while under the influence of alcohol, drugs or controlled substances. • All visitors and members must receive the necessary instruction before their Adventure Course session begins. • All participants must wear a safety harness to participate in the Adventure Course. • No gum, food or drinks allowed on the Activities facility. • No bare feet, open toed, open heel, or high heeled shoes are permitted while participating in the Activities. Shoelaces must be tied at all times. • Maximum weight is participate in the Adventure Course is 300lbs (136kg). • I must be at least 48 inches tall to use the Adventure Course. • Cell phones are NOT allowed on the Adventure Course. • No strollers are permitted in the Adventure Course area. • Only 1 participant on an Adventure Course area at a time except if a child is being assisted by a responsible chaperone. • I must follow all operator instructions and posted rules, signs or stickers. • The Aquarium has the right to deny access to its facilities to any person, permanently or for a specific period of time, for any failure to adhere to safety guidelines and regulations, or for any conduct that is viewed as unsafe, inappropriate, or unhealthy, including but not limited to: horseplay, foul or rude language, or defiance of an Aquarium staff request. • I understand that the Aquarium reserves the right to close the Adventure Course at any time, for any reason or no reason. I also understand that I will be removed from the Adventure Course for failure to comply with the Aquarium’s established rules and guidelines. I also understand that the Aquarium reserves the right to decline to accept any person for participation in the course and to terminate my participation on the Adventure Course at any point before completion, as circumstances demand. By signing below, I acknowledge that I have read the above rules and conditions and agree they are binding upon me.
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