THOMAS FALLS, INC.
ZIP-LINE, ACTIVITIES AND PROPERTY USE RELEASE OF LIABILITY
WAIVER
EXPOSURE PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF
RISK
In consideration of the services
of Thomas Falls, Inc. behalf (hereinafter collectively
referred to as “T.F.I.”), their agents, owners, officers,
volunteers, participants, employees, and all other persons
or entities acting in any capacity on their, I hereby agree
to release and discharge T.F.I., on behalf of myself, my
children, my parents, my heirs, assigns, personal
representative and estate as follows:
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I, the
“Participant”, am aware of, and fully understand, the
inherent known and unanticipated dangers involved in
participating in any and/or all activities on T.F.I.
property, including, but not limited to, the zip-line
course, mud-run course, rock-climb, paddle-boating,
etc., or any services provided by T.F.I. and/or all of
which could result in physical or emotional injury,
paralysis, death, or damage to myself, to property, or
to third parties. I understand that such risks simply
cannot be eliminated without jeopardizing the essential
qualities of the activity/activities.
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The risks
include, but are not limited to, among other things:
falling to the ground, drowning, water related injuries,
musculoskeletal injuries and/or head injuries; or my own
negligence or the negligence of other participants,
visitors, attendants or other persons who may be
present. Due to outdoor exposure, insect bites and
stings, allergies, etc. are a possibility. Persons that
have such allergies that require an epinephrine autoinjector should carry one on their person at all
times while on the premises.
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I
understand that it is highly recommended that I do not
wear jewelry during the zip-line, mud-run, or rock
climbing course events, i.e. necklaces, rings, earrings,
bracelets, etc., and that jewelry can be dangerous due
to risk of catching on equipment, causing injury to the
wearer or others. Necklaces can result in
choking/strangulation, rings can result hand injury, or
finger loss, bracelets can result in wrist and arm
injuries and earrings can result in ear lobe damage if
caught and pulled sharply. There may also be a risk of
losing valuable items of jewelry while participating in
an energetic activity such as a zip-lining.
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I
understand that I should notify T.F.I. Staff of any
MEDICAL ALERT tags or bracelets prior to my
participation in any event!
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Furthermore, I understand that T.F.I. employees have
difficult jobs to perform. They seek safety first, but
they are not infallible. They might be unaware of my
physical fitness, abilities or limitations. They may
give inadequate warnings or instruction, and the
equipment being used might malfunction. Any
encouragement by T.F.I. Staff or volunteers is solely
non-binding on the participant and should not be
construed to be approval of the encouraged activity, I
understand that I, and I alone, determine my approach to
the participation in all activities and assume
responsibility for my minor child/ward’s ability to make
the same decisions. My judgment is the sole orator of my
decision for me, or my minor child/ward, to attempt the
obstacle. I am solely responsible for determining if I,
or my minor child/ward, is physically fit and/or skilled
for the race or activities contemplated by this
agreement.
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I
expressly agree and promise to accept and assume all of
the risks that may exist by entering the property and/or
participating in any and/or all activities. My
participation in any activity/activities is purely
voluntary, and I elect to participate in spite of the
risks.
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I hereby
voluntarily release, forever discharge, and agree to
indemnify and hold harmless T.F.I. from any and all
claims, demands, or causes of action, which are in any
way connected with my participation in this activity or
my use of T.F.I.’s equipment or facilities, including
any such Claims which allege negligent acts or omissions
of T.F.I.
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Should
T.F.I. or anyone acting on their behalf, be required to
incur attorney’s fees and costs to enforce this
agreement, I agree to indemnify and hold them harmless
for all such fees and costs.
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I certify
that I have adequate insurance to cover any injury or
damage I may cause or suffer while participating, or
else I agree to bear the costs of such injury or damage
myself. I further certify that I am willing to assume
the risk of any medical or physical condition I may
have.
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In the
event that I file a lawsuit against T.F.I., I agree to
do so solely in the state of Texas, and I further agree
that the substantive law of that state shall apply in
that action without regard to the conflict of law rules
of that state.
By signing this document, I
acknowledge that if anyone is hurt, or property is damaged,
during my participation in this activity, I may be found by
a court of law to have waived my right to maintain a lawsuit
against T.F.I. on the basis of any claim from which I have
released them herein.
Photography/Videography Release
Participant
hereby grants to T.F.I., its representatives, and employees
the right to take photographs and video of Participant in
connection with Participant’s participation in the Events
and Activities. Participant hereby authorizes the T.F.I. to
copyright, use, and publish the same in print and/or
electronically. Participant hereby agrees that the T.F.I.
may use such photographs and video of Participant for any
lawful purpose, including but not limited to publicity,
illustration, advertising, and Web content.
Arbitration
The Participant, and the
Participant’s parent(s) or legal guardian(s), if Participant
is a minor, hereby agrees to submit any dispute arising from
participation in the Events and Activities, for which
Participant intends to seek damages in excess of $50,000.00,
to binding arbitration. Submission shall be unlimited. 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. The neutral arbitrator shall be
an officer or director of any entity that operates a
ZIP-LINE
Operation in the United States. 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 Eastern District of Texas, utilizing
the selection criteria for the neutral as set forth above.
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 county and state in which the Events and 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. In the event that Participant, or the Participant’s
parent(s) or legal guardian(s), if Participant is a minor,
files a lawsuit in any court relating to, and/or arising
from, Participant’s participation in the Events and
Activities, Participant and/or Participant’s parent(s) or
legal guardian(s), by signing this document, stipulate to a
cap on Participant’s damages of $50,000.00, exclusive of
interest and costs. As a threshold matter, the Panel, or the
Court (if a lawsuit is filed), shall confirm whether the
Waiver and Release contained in this Agreement are
enforceable under applicable law.
I
understand that I am not allowed to invert or go upside down on any zip-lines.
If I do, I accept the risk of falling out of my harness, which could result in
my injury or death and I hold harmless T.F.I., its employees, representatives
and/or agents. I further understand that minors, 15-years or under, must bring &
wear a life-vest when participating in water activities.
WARNING! Special events
may include strobe lights and slanted floor gravity barn. I understand that this
could create a balance issue, or cause me to become disoriented, which could
lead to my running into things and/or slip and fall. I understand this and take
full responsibility.
I have had sufficient
opportunity to read this entire document. I have read and
understood it, and I agree to be bound by its terms and
conditions. |