Ropes Course Waiver Form
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT PLEASE READ CAREFULLY!
Ropes Course Guidelines
1) Participants must adhere to the instructions of the staff on duty.
2) Participants’ maximum weight is 118 Kg (260 lbs).
3) Participants’ minimum weight is 20 Kg (45 lbs) for the Aqua Drop.
4) Participants must be able to pass the reach test. If child is unable to reach, a parent or guardian must accompany them on the course.
5) Participants’ minimum age is 5 years.
6) Proper footwear is required. Ensure your shoes are secure. No flip flops or open toe / high-heeled shoes.
7) No loose items such as cell phones or cameras. Eyeglasses should be secured.
8) Pockets must be empty.
9) Staff members are not responsible for lost or damaged items left or brought into the course area.
10) Only 2 participants on an element at one time.
11) Maximum 4 participants on a platform at one time.
12) No running, jumping, horse-play.
13) No bouncing off elements or on platforms.
14) Do not tamper with or adjust your personal safety equipment (i.e. harness).
15) Staff members have the right to disallow and/or end your participation on the ropes course should you not be following the rules or you are causing disruption to another participants’ experience.
16) No gum, food, or drinks are permitted in the ropes course area.
17) Participation on the ropes course activity is at your own risk. A release of liability must be signed by all participants and by a Parent/ Guardian if the participant is under the age of 18.
The following waiver of all claims, release from all liability, assumption of all risks and other terms of this informed consent and waiver are entered into by me and for the benefit of the Aquatarium at Tall Ships Landing (the “Aquatarium”), and its respective Representatives, with respect to the ropes course, AquaDrop, and any other activities undertaken by me, in any form whatsoever, on the ropes course, the ground under and surrounding the ropes course, and any other area accessible to me while participating in the ropes course and AquaDrop activities offered by the Aquatarium (the “Premises”).
In this Waiver, “Representatives” is to be broadly interpreted and includes a party’s officers, directors, employees, volunteers, shareholders, agents and representatives, along with such party’s affiliates, successors, assigns and licensees, and the officers, directors, employees, volunteers, shareholders, agents, and representatives of each of the foregoing, as well as a party’s heirs, trustees, estate trustees, personal representatives, executors, and administrators;
a. understand that there are inherent and significant risks associated with observing and/or participating in the activities offered at the Aquatarium, including but not limited to the high ropes challenge course, including but not limited to:
(i) falls, and all manner of injury resulting from such falls, and hitting the ground, people or objects;
(ii) abrupt and possible damaging contact with fixed objects and other persons;
(iii) anxieties and/or fear which may accompany activities at such heights which may reach 35 ft.;
(iv) close contact with other participants which may involve inadvertent and unwelcome touching;
(v) the failure of structures and equipment;
(vi) the carelessness of other participants and misjudgment on the part of the staff.
b. understand that each person (myself/my child included) has a different capacity for participating in the activities offered at the Premises.
c. c. have/my child has, to the best of my knowledge, no physical or emotional condition which would cause me/my child to be a risk to myself or others.
d. d. understand that injuries, both physical and emotional, may result from the programs and activities offered at the Premises, such as but not limited to use of the ropes course and related equipment, including but not limited to, breaks, sprains, bruises, emotional upset, anxiety or death.
e. e. willingly assume risk of injury or health risk for myself/my child and assume full responsibility during and after my/my child’s participation in the ropes course and any other activities, in any form whatsoever, undertaken by me/my child on the Premises.
f. f. freely accept and fully assume all responsibility for all risks of personal injury, illness, property damage, loss or death resulting from my/my child’s participation in the challenge course and any other activities, in any form whatsoever, undertaken by me/my child on the Premises.
g. g. understand that I may choose not to participate/permit my child to participate in any or all of the activities offered at the Premises, including the challenge course activities, for any reason whatsoever. In addition to any consideration given to the Aquatarium for my/my child’s participation on the ropes course or any other activity, in any form whatsoever, undertaken by me/my child at the Premises, I/my child and our Representatives, agree to waive all acts, actions, causes of action, suits, proceedings, liabilities, debts, sums of money, obligations, duties, damages, claims, demands, and expenses (including but not limited to legal and other professional fees) of any kind whatsoever (collectively, “Claims”) that I/my child or our Representatives have, have ever had, or may ever have in the future against the Aquatarium and its Representatives (collectively the “Releasees”) and forever release and discharge the Releasees from all Claims for any personal injury, death, property damage, or other loss and liabilities of whatsoever nature or kind arising out of or in any way connected with my/my child’s participation in the ropes course or any other activity undertaken by me/my child, in any form whatsoever, at the Premises. I further agree not to make any Claims or undertake any proceedings against any person or corporation who or which might claim contribution and indemnity or relief from the Releasees.
h. agree to indemnify and hold the Aquatarium harmless from and against all claims, actions, losses, damages, liabilities, costs or expenses of any kind whatsoever, including without limitation legal and other professional fees and expenses in connection with the defense thereof which may be suffered by the Aquatarium or otherwise arise directly or indirectly as a result of Aquatarium’s or its Representatives’ breach of this agreement, violation of laws or regulations, or negligence.
I ACCEPT AND ASSUME THE ABOVE-NOTED RISKS AND OBLIGATIONS FREELY AND VOLUNTARILY.
This waiver may be accepted and/or signed electronically and any electronic acceptance/signature, in any form whatsoever, including without limiting the generality of the foregoing, the checking of a box indicating acceptance, shall have the same force and effect as the use of a “wet” or manual signature to indicate acceptance. I agree that my electronic acceptance/signature may be introduced into evidence in any proceeding arising out of or related to this waiver as if it were an original signature.
I CONFIRM THAT I HAVE HAD SUFFICIENT TIME TO READ AND UNDERSTAND EACH ITEM AND ALL PARTS OF THE RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY AGREEMENT IN ITS ENTIRETY, AND THE RULES INCLUDED THEREIN AND HAVE AGREED TO BE BOUND BY ITS TERMS FREELY AND VOLUNTARILY ON: