WAVIER | Release Of Liability

Release Of Liability

IMPORTANT: THIS is a LEGAL DOCUMENT – A RELEASE of LIABILITY

Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights by signing this contract. You agree to the electronic transmission of this agreement pursuant to IN Code § 26-2-8-101 through 116

Edge Adventure Parks, LLC [its members, employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors (hereinafter Edge Adventures) have done everything possible to ensure that you have a rewarding experience. We wish to inform our guests that an aerial challenge or amusement course (formerly known as ropes or challenge courses), (hereinafter Aerial Challenge) is not risk free. The same elements that contribute to the unique character and fun of an Aerial Challenge such as the physical exertion or the height can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
 
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as an Aerial Challenge. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of an Aerial Challenge. You must understand and accept all the risks of the activity, inherent and others.  An Aerial Challenge is a series of tasks, obstacles or challenges that the participants will travel through, on or around during the course. The obstacles involve physical activity such as crawling, walking, climbing, balancing or movement using all or part of your body. At times you will be as high as fifty (50) feet plus in the air. Participants may experience exhaustion or tiredness from the course and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. Do not swing, sway, bounce or lean back while on the course.
I acknowledge that the level of participation is at all times completely up to the individual and I am the best and only judge of my degree of ability to participate in the Activities and I am conscious of the risks which I am voluntarily exposing myself to and with full knowledge of the facts.
I acknowledge that I am required to wear the provided and approved harness and helmet and/or other safety equipment while participating in the Activities. I am aware that there are Aerial Challenge Guides available to answer any questions I may have about the proper use of the equipment. I and my family have reviewed the Park Regulations and I understand them and agree to abide and follow them at all times. I understand it is my responsibility to explain those rules and regulations to my children and make sure they follow the rules and regulations also.
I am aware that participation in the Activities involves inherent risks, dangers and hazards including, but not limited to slips and falls, falls from heights, difficult natural and/or man-made terrain, the use of ladders, adventure courses and zip- lines, impact or collision with trees, platforms or other natural or man-made objects, collision with other participants, guides or spectators, the failure to remain within designated areas, negligence of other participants.
You, your shoes and clothing may become scuffed or dirty in the park. You are in a forest environment and dirt is everywhere. You may also fall down on trails and approaches to the challenges or as you exit a challenge. You must wear your helmet, gloves and harness at all times while on the courses.
 
You will be in the country where animals, dangerous plants and insects are present.  Any animal you encounter in the wilderness is dangerous.  Plants can be poisonous to the touch and more so if ingested.  Leave all plants, insects and animals alone and in peace. Washing your hands before eating or after performing bodily functions is critical in maintaining good health.
 
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while experiencing the Aerial Adventure. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above.
You certify that you have reviewed this document with your family. You certify that you have examined the Edge Adventures website and looked over the information, risks and videos posted on the company website. You certify that your family, including minor children and yourself are fully capable of participating in the Aerial Adventure program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Edge Adventures. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Edge Adventures reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in an Aerial Challenge. Your family and you are in good physical condition and do not suffer from any handicaps or physical conditions that could constitute a danger to yourselves or others as a result of participating in the Aerial Challenge. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent, you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
You waive any legal right to any claim and agree to indemnify and hold harmless Edge Adventures, their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. You agree that Edge Adventures has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Edge Adventures, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Edge Adventures, negligence of another participant, or your family, yourself, or your heirs, against Edge Adventures arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Edge Adventures or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse Edge Adventures for any damages, costs, fees or expenses Edge Adventures expends on you or your family's behalf, including the cost of any emergency services or for any damages you may do to third parties. You understand this means you are the insurer for the Edge Adventures for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Hamilton County Indiana and governed by Indiana law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Hamilton County Indiana applying Indiana Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue.
The terms of this agreement shall continue and be, in effect, after the Aerial Adventure activity has ended. No changes in this document are valid.
As liquidated damages, you hereby agree that if Edge Adventures is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Edge Adventures’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Edge Adventures for any claim you may bring for any injury you receive, and if you do, so you will be subject to paying Edge Adventures’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot experience Aerial Adventure, and you are free to go to other Aerial Adventure, ropes or challenge courses with other companies.
You have adequate health, disability, and life insurance for your family and yourself.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
 
USE OF IMAGE
I hereby grant to Edge Adventures the right to use, publish and copyright my name, picture, portrait or likeness, testimonial, voice, video, photographic images, artwork in advertising, promoting and publicizing Edge Adventure Parks (product or service) in any media known or unknown, in any manner or form throughout the world in perpetuity. I agree that any picture taken of me by the licensed parties is owned by them. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else.

I agree that no advertisement or other material need be submitted to me for any further approval and the licensed parties shall be without liability to me for any distortion or illusionary effect resulting from the publication of my picture, portrait, likeness, photographic images, or artwork.