Adventure Sports Waiver

ADVENTURE SPORTS WAIVER AND SERVICES AGREEMENT

This Adventure Sports Waiver and Services Agreement (the Agreement) is entered into between the parties below on the date of signature. Provider Name: and Participant Name:

RECITALS

WHEREAS, Provider operates, conducts and supervises adventure sports activities including but not limited to guided climbing, zipline systems, whitewater excursions, and aerial challenge courses (collectively, the Activities); and

WHEREAS, Participant desires to participate in the Activities and acknowledges that such Activities involve inherent risks, hazards and dangers that may result in personal injury, death, or property damage; and

WHEREAS, the parties wish to set forth the terms under which Provider will provide services and Participant will accept the risks and obligations described in this Agreement.

SCOPE OF WORK / ACTIVITIES

ASSUMPTION OF RISK, RELEASE AND WAIVER

Participant acknowledges and agrees that the Activities are inherently dangerous. Participant voluntarily assumes all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, including but not limited to slips, falls, contact with other participants, equipment failure, inclement weather, or acts of third parties. Participant releases Provider, its officers, employees, agents and contractors from any and all liability, claims, demands, causes of action, and damages arising from or related to Participant's participation in the Activities, except for liability resulting from Provider's gross negligence or willful misconduct.

By signing this Agreement, Participant waives the right to sue Provider for ordinary negligence and agrees that any claim arising out of participation shall be subject to the indemnification and dispute resolution provisions below.

INDEMNIFICATION

Participant shall indemnify, defend and hold harmless Provider and its officers, employees, agents and contractors from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) arising out of Participant's acts or omissions, breach of this Agreement, or violation of applicable laws or rules during participation in the Activities.

PAYMENT TERMS

All fees are due as stated. Nonpayment entitles Provider to suspend services, recover collection costs, and charge the agreed late fee. Refunds, if any, will be provided only as stated in the Payment Schedule.

TERM, TERMINATION AND NOTICE

This Agreement commences on Month Day Year and ends on Month Day Year .

Either party may terminate for convenience upon delivery of the required notice; Provider may terminate immediately for Participant's breach or unsafe conduct. Termination does not relieve Participant of payment obligations for services already rendered.

CONFIDENTIALITY

Each party shall keep confidential all non-public business, technical and financial information disclosed in connection with the Activities and shall not disclose such information to third parties without prior written consent, except as required by law. Confidential information does not include information that is publicly known or independently developed without use of the other's confidential information.

EMERGENCY AND MEDICAL INFORMATION

Participant hereby authorizes Provider and its representatives to secure emergency medical treatment at Participant's expense if necessary, and agrees to notify Provider of any allergies, physical limitations or medical conditions that could affect participation:

ACKNOWLEDGMENTS AND CONSENTS

I acknowledge that I have read and understand the nature of the Activities, the risks involved, and I voluntarily assume those risks.

I release and discharge Provider and its representatives from any claims as set forth in this Agreement.

I consent to the use of photographs, video or audio recordings taken of me during the Activities for promotional or training purposes without compensation, unless I withdraw consent in writing prior to the Activity.

I certify that I am physically fit and capable of participating in the Activities. If Participant is under 18 years old, a parent or legal guardian must complete the Minor Consent section below.

MINOR PARTICIPANT (IF APPLICABLE)

Participant is a minor:

By checking the box and signing below, the parent/guardian consents to the minor's participation, accepts the terms of this Agreement on behalf of the minor, and agrees to indemnify Provider for claims brought by or on behalf of the minor.

GOVERNING LAW; DISPUTE RESOLUTION; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the substantive laws of the state specified below. The parties agree that exclusive jurisdiction for any dispute will be in the state and federal courts located in that state. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

This Agreement, including all attachments and acknowledgments executed by the parties, constitutes the entire agreement between Participant and Provider with respect to the subject matter hereof, supersedes all prior oral or written agreements, and may be amended only by a written instrument signed by both parties.

ADDITIONAL PROVISIONS

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