In consideration of being allowed to voluntarily participate in any way in the YOUTH OUTDOOR ADVENTURE CHALLENGE, a ZIP LINE/CANOPY TOUR Program, and all related events and activities including transport to and from the activities (hereinafter called the Program), I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant during all phases of the activity, including the potential for permanent paralysis, disability and death. These risks include but are not limited to: Equipment failure and/or malfunction of my own or other’s equipment; my own negligence and/or the negligence of others; tangled ropes, life lines, lanyards, falling from heights, other participants falling on me; animals, fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activities include but are not limited to the aforementioned risks plus the risks of exposure to elements, excessive heat, hypothermia, uneven ground, scrapes from contact with trees, branches and brush, exposure to animals with the risk of them kicking, biting or otherwise moving in an unanticipated manner causing injury and/or death. I agree to wear and use as instructed any necessary safety equipment provided to me AND use as instructed. I recognize that failure to do so increases the potential for severe injury or death and absolves the RELEASEES listed herein from any liability whatsoever.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Program.
3. I willingly comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I recognize that it may be necessary for the Releasees to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the Releasees right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the Program.
5. I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
6. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or my child/ward or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership connected to same.
7. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, HOLD HARMLESS AND COVENANT NOT TO SUE, WILDWOOD ESTATES LLC DBA WILDWOOD OUTDOOR ADVENTURE PARK; The City of Manhattan, a Kansas municipal corporation;, Manhattan Running Company; and/or Thrivent Financial, including any of their officers, officials, agents and/or employees, volunteers, and other participants, sponsors, advertisers, and, if applicable, owners and lessors of the premises used to conduct the program (“RELEASEES”), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING OUT OF THE RISKS I HAVE ASSUMED ABOVE, AND/OR CAUSED IN WHOLE OR IN PART BY THE ACTS, INACTIONS, OR NEGLIGNENCE OF THE RELEASEES, , to the fullest extent permitted by law.
8. Nothing provide herein shall be construed to alter or limit the application of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.) to the City of Manhattan, Kansas, in any way whatsoever.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.FOR PARENTS/GUARDIANS OR PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to the foregoing Release of Liability and Assumption of Risk Agreement, for and on behalf of my minor child, in exchange for my minor child’s voluntarily participation in the Program, and that the foregoing shall fully apply to him/her, myself, any our heirs, assigns, next of kin.