Indemnification Waiver - French Lick Zip Lines

FRENCH LICK ZIP LINES
PARTICIPANT REQUIREMENTS, ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION
WAIVER .
The French Lick Zip Lines Activity (as defined below) is designed for individuals in reasonably good health. Due
to the nature of the tour, French Lick Zip Lines reserves the right to refuse participation to anyone. The French Lick
Zip Lines Activity is operated in an isolated environment, and immediate medical attention may not be available.
French Lick Ziplines cannot be responsible for any valuables dropped from the tour or left in the vehicle of the
Undersigned (as defined below). The Undersigned must sign the Voluntary Participation Agreement Form prior to
Participant’s participation.
PARTICIPANT REQUIREMENTS
Please review the following regulations:
•
Participant must weigh at least 70 pounds, and not more than 250 pounds.
•
A Participant under age 18 must have a parent or legal guardian sign the Voluntary Participation Agreement Form.
•
A Participant under age 14 must have a parent or legal guardian accompany them on the tour.
Initial here________
If Participant has any of the following medical conditions, French Lick Ziplines STRONGLY recommends the
Undersigned consult Participant’s physician prior to participation, and discuss any concerns with Participant’s guide:
•
Heart disease or any cardiac condition that may require immediate medical attention.
•
Hemophilia • Epilepsy • Asthma • Diabetes.
•
Take any blood thinning medications.
•
Insulin dependent
•
If Participant has severe allergic reactions.
•
Severe recent, reoccurring or existing injuries.
•
Obesity.
If Participant has any medical considerations list them below:
(Leaving the line blank indicates none)
_____________________________________________________________________________________________
________
Attire and preparation:
•
Please wear comfortable clothing which protects Participant’s torso from rubbing caused by the seat and chest
harnesses.
•
Please remove loose or dangling jewelry and body piercings.
•
Please tie back and secure long hair.
•
Please remove all valuables, including, but not limited to, rings, necklaces, bracelets and personal electronics.
•
Cameras are welcome on the tour; however, Participant is solely responsible for its transport and condition.
•
Participant must wear sturdy, closed-toe shoes with an ankle strap.
Participant cannot participate in the French Lick Zipline Activity if Participant is:
•
Pregnant or believes Participant may be pregnant.
•
Under the influence of alcohol, illegal drugs, or legal drugs that impair Participant in any way.
GUIDE CAN AT ANY TIME REJECT OR REMOVE A
PARTICIPANT FROM THE ACTIVITY FOR THE SAFETY OF THE PARTICIPANT.
Initial here________
VOLUNTARY PARTICIPATION AGREEMENT, RELEASE OF LIABILITY & INDEMNIFICATION WAIVER
READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
This form must be signed by all Participants prior to participating in the French Lick Zip Lines Activity. If the
Participant is a minor, at least one parent or guardian must also sign as evidence of their agreement to these terms and
conditions on their own behalf and on behalf of the minor. The person who is participating in the French Lick Zip
Lines Activity or any other event or program with French Lick Zip Lines shall be referred to hereinafter as
“Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both
the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The
Undersigned agrees and understands that participating in a zip line tour, walking, hiking, climbing on rocks and
slopes, zipping, rappelling and traveling to and from the Activity site (hereinafter the “Activity”) can be HAZARDOUS
AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
​
Page 1 of 3
The Undersigned acknowledges that Participant has voluntarily applied to participate in the Activity operated by French
Lick Zip Lines of which is a physically demanding and hazardous activity. The Undersigned acknowledges that Participant
does not have any medical condition which might create an unsafe risk to Participant or others who are participating in
this Activity with Participant. The Undersigned has also read and understands the Participant Requirements explained in
this agreement.
Initial here________
1. Acknowledgment of Risks
The Undersigned understands that the Activity may expose Participant to certain risks which cannot be avoided. The
Activity requires moderate physical exertion and is conducted at varied heights. The potential hazards and risks of the
Activity and use of the premises and equipment are, but are not limited to, the following: falls; collisions; abrupt and
possibly harmful contact with structures, objects and persons; anxieties and fears associated with heights; close contact
with other people; coordination and misjudgments on the part of participants or negligence of guides; the failure of
structures or equipment; and the unpredictable forces of nature.
Initial here________
Participant may experience increased heart rate and other symptoms of anxiety and stress due to physical exertion, reliance
on other participants, a fear of height, or of unprotected falling, loss of balance, coordination and misjudgments,
including failure to follow procedures and instructions, physical or mental or psychological stress, fatigue, chill and /or
dizziness which may diminish reaction time and increase the risk of an accident. Injuries associated with participation may
include breaks, sprains, bruises, and in extreme cases, emotional upset, anxiety and even death. The Undersigned
acknowledges that the description of risks is not complete and that other unknown or unanticipated risks may result in
injury, illness or death. The Undersigned acknowledges that this activity is purely voluntary, and with full knowledge of
the inherent risks in such activity.
Initial here________
2. Assumption of Risks
The Undersigned understands that the Activity is hazardous. The Participant is voluntarily participating in the Activity
with knowledge of the danger involved. The Undersigned hereby accepts any and all risks of injury or death to Participant
arising out of or in any way connected with the Activity, and/or any of the affiliated organizations of French Lick Zip
Lines.
Initial here________
3. Release and Indemnity:
As consideration for Participant being permitted to participate in the Activity, the Undersigned hereby agrees that the
Undersigned, the Undersigned’s assignees, heirs, and/or as the parent/ guardian of a minor participant, will release and
hold harmless and not bring any claim or legal suit against French Lick Zip Lines, its directors, managers, officers, agents,
employees and volunteers or its affiliated organizations or the supplier of any of the equipment used in the activity
(“Released Parties”), for any and all claims of injury, disability, death or other loss or damage to person or property
suffered by the Participant arising in whole or in part from participation in this Activity, both foreseeable or
unforeseeable.
Initial here________
In addition, the Undersigned agrees TO INDEMNIFY (that is, defend and satisfy by payment or reimbursement, including
costs and attorney’s fees) Released Parties from any claim of loss, injury or death, brought on by the Undersigned against
another co-participant. These agreements of release and indemnity include loss or damage caused or claimed in whole or in
part by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party.
Initial here________
4. Severability
If any provision of this agreement is held to be void or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall nevertheless be fully enforceable, unimpaired by such holding.
Initial here________
Page 2 of 3
5. Additional Provisions
The Undersigned authorizes French Lick Zip Lines to provide or obtain for Participant such medical care as it considers
necessary and appropriate, and the Undersigned agrees to pay all costs associated with such care and transportation. Any
dispute between a party released under this agreement and the Undersigned will be governed by the laws of the State of
Indiana, and any mediation or suit shall take place only in that State in the County of Dubois or in the Federal Court for
the Southern District of State of Indiana.
Initial here________
6. Media Release
The Undersigned gives permission and consent to the taking of photographs, video, or other media and agree that such
material may be published and otherwise used by French Lick Zip Lines for purposes it deems appropriate without
compensation to the Undersigned.
Initial here________
7. Binding Agreement
The Undersigned understands and acknowledges that this agreement is a contract and shall be binding to the fullest extent
permitted by law. If any part of this agreement is deemed to be unenforceable, the remaining terms shall be an enforceable
contract between the parties. It is the Undersigned’s intent that this agreement shall be binding upon the assignees,
subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
Initial here________
THE UNDERSIGNED HAS/HAVE CAREFULLY READ AND FULLY UNDERSTAND THE PROVISIONS OF
THIS AGREEMENT, INCLUDING THE UNDERSIGNED’S WAIVER OF CLAIMS AGAINST FRENCH LICK
ZIP LINES. THE UNDERSIGNED HAS/HAVE NOT RELIED UPON ANY OTHER REPRESENTATION OR
STATEMENT, WRITTEN OR ORAL.
Initial here________
_________________________________________
__
Printed Name of Participant
​
​
​_ ____________________________________________
​
​Printed Name of Parent/Legal Guardian (If necessary)
________________________________/________
Signature of Participant
​
​
Date
​
​_ __________________________________/__________
​ ignature of Parent/Legal Guardian
S
​
​
Date
_____________________________________________________________________________________________
___________
Address
​
​
​
​
​
​City
​
​State
​
​
​Telephone
Email_________________________________________________________________________________________
__________
Cell
Phone________________________________________________________________________________________
_______
Emergency Contact:
_______________________________________________________________________________________
Printed Name
​
​
​
​
​Telephone
​
​Relation
Please do not enter 911 or another Participant as your emergency contact.
Page 3 of 3