THIS AGREEMENT is made between HMGG. its representatives, agents officers, directors, servants and employees (collectively referred to as “HMGG”), and the undersigned (referred to as “I”). HMGG AND I agree as follows:
HMGG AND I agree as follows:
I, the undersigned (or legal guardians of the undersigned) understand and EXPRESSLY AGREE that “Eco-Activities” as defined herein is an inherently hazardous sport that has many dangers and risks. Nonetheless, I wish to participate in this sport and agree to these terms as a condition of my participation.
In this Release Agreement the term “Eco Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: use of ziplines, suspension bridges, tree top trails, canopy walkways; hiking, sightseeing and backcountry travel; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Eco Activities.
I AGREE it is my sole responsibility to view the “Eco-Activities” area BEFORE I participate and to not participate if the area or adjacent areas or conditions are not to my satisfaction. I have been informed about and/or made aware of and herby certify that I, or rider if rider is a minor, meet(s) all admission requirements in terms of height, age, and any other requirement which may exist.
I understand that the parking areas, paths and walkways in and surrounding the “Eco-Activities” area may contain snow, ice or gravel consistent with a mountain environment. I realize that injuries are a common and ordinary occurrence for persons walking, riding and skiing on a ski area’s property.
I, EXPRESSLY AGREE, as a condition of being allowed to participate in the sport of “Eco-Activities” and to use the premises, that I freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and FULLY RELEASE HMGG FROM ANY AND ALL LIABILITY for personal injury or death or property damage arising out of or resulting from my participation in this sport.
If participant is a MINOR, in exchange for HMGG making the facilities available, the undersigned parent/guardian, to the fullest extent permitted by law, AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HMGG from any and all claims, suits, costs and expenses including attorneys’ fees for personal injury, death or property damage from and/or on behalf of said minor, even after the minor has attained majority, and/or claims from injured third parties arising or allegedly arising out of or resulting from said minor’s conduct. The undersigned (or parent/guardian), hereby expressly AGREES TO INDEMNIFY HMGG for HMGG’S NEGLIGENCE, whether partial or sole, in connection with all of the indemnification obligations set forth in this agreement. In addition, the undersigned parent/guardian signing below represents to HMGG that they have the authority to enter into this contract on behalf of said MINOR and on behalf of any other parent or guardian of said MINOR.
ASSUMPTION OF RISKS: I am aware that participating in Eco Activities involves many risks, dangers and hazards including but not limited to: hiking on rough and uneven terrain; changing weather conditions which may cause the tree top trails, suspension bridges, canopy walkways to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; over-exertion; fear of heights; failure to remain within designated areas; impact or collision with trees, other participants or guides; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ECO ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
Failure to follow rules and instructions of personnel may result in injury to yourself or others. State law requires that each participant must obey all written warnings and directions regarding usage and refrain from behaving in a reckless manner which may cause or contribute to injury to the participant and others. Failure to comply is a violation of law and subject to penalty under the New Jersey Code of Criminal Justice pursuant to N.J.S.A. 5:3-31-36.1. Violators may be subject to a fine up to $1,000 and imprisonment up to six months. I understand and agree that I will report any injury to myself, to Ropes Course Staff immediately.
In exchange for, and in consideration of, HMGG making facilities and the premises available to me for participation in the sport of Eco-Activities, I CONTRACTUALLY AGREE that any and all disputes between myself and HMGG arising from my participation in Eco-Activities, and including any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY and the EXCLUSIVE JURISDICTION thereof will be in the state or federal courts of THE STATE OF NEW JERSEY and venue in the state court shall be in Sussex County.
PHOTO RELEASE. By accepting and using this pass I authorize HMGG, to record and reproduce my image and/or performance for the use in company promotional and that HMGG shall be the sole owner of any/all such materials.
I, the undersigned, HAVE READ AND UNDERSTAND the terms of the above and the FULL RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT which is an essential part of it. I am signing it freely and of my own accord, realizing IT IS BINDING upon myself, my heirs and assigns, and, in the event that I am signing it on behalf of any minors, that I have full authority to do so, realizing its BINDING EFFECT on them as well as myself.
If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.
I have read the Release Agreement above and confirm that I meet the necessary general health and weight requirements and further agree to be bound by the terms of the Release Agreement.