I, by signing on the reverse side of this form do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally described as recreational tree climbing, including the use of equipment and transportation associated therewith of which I am about to engage in.Inherent hazards and risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.
2. Possible equipment failure and/or malfunction of my own or others’ equipment.
3. This activity takes place outdoors and therefore includes risks associated with exposure to the elements; excessive heat; hypothermia; falling off of or falling out of swings, chairs that are suspended by ropes; being hit by or encountering objects either natural or man-made; exposure to animals or insects with the attendant risk of biting, kicking, stinging, or otherwise moving in an unanticipated manner causing injury and/or death.
4. My own negligence and/or the negligence of others, including but not limited to operator error.
5. Attack by or encounter with insects, reptiles, and/or animals.
6. Accidents or illness occurring in remote places where there are no available medical facilities.
7. Fatigue, chill, and/or dizziness, which may diminish reaction time and increase the risk of accident.
8. I understand that I will be in close physical distance and possible contact with staff and others that may expose meor allow me to contract communicable diseases, viruses, and illnesses.

I understand the description of these risks is not complete and that unknown or unanticipatedrisks may result in injury, illness, or death.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in these activities described above and related activities, I hereby agree, acknowledge and appreciate that:

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following entity, herein referred to as RELEASEES: Trees Company Recreational Climbing, LLC. To release the RELEASEES, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personalinjury, property damage, or wrongful death, arising from the above activities whether caused by active or passive negligence of the RELEASEES or otherwise. By executing this document, I agree to hold harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
2. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the RELEASEES, other than what is set forth in this Agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. Should RELEASEES or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. In the event that I file a lawsuit against RELEASEES agree to do so solely in the state of Missouri. I further agree that the substantive law of Missouri shall apply in that action without regard to the conflict of law rules of Missouri. I hereby grant to RELEASEES the indefinite right to photograph myself and/or my minor children, by the use of photographs and or other digital reproduction of ourselves or other reproduction of our physical likeness for publication processes, whether electronic, print, digital or electronic publishing via the internet. I grant this right to RELEASEES without any compensation of any kind owed to RELEASEES.

ADULT PARTICIPANT

MINOR PARTICIPANTS

If Participant is age 7 to 18, then on my behalf release all claims that both they and I have.

The undersigned understands that injuries are a natural part of many recreational activities and agrees to indemnify and release Trees Company Recreational Climbing, LLC; their agents and employees from any and all liability forany injury which may be suffered by the above named individual(s) registered in this activity arising out of or in any way connected with participation in this activity. The undersigned and participant authorizes Trees Company Recreational Climbing, LLC to use at its discretion any photograph(s) taken of the participant(s) for promotional purposes, including but not limited to print, online and social media while participating in an activity and waive any and all claims that the participant(s) or the undersigned or their heirs, executors, administrators, or assigns may have orclaim to have resulting from such photograph(s) or reproductions thereof. I have read the above statement, understand and agree to the conditions set forth.