Wafloy Mountain Village I 3610 East Parkway I Gatlinburg. TN 37738
ASSUMPTION OF RISK, WAIVER, AND RELEASE FROM LIABILITY (PLEASE READ CAREFULLY BEFORE SIGNING)
In consideration of Corryton Church d/b/a Wafloy Mountain Village ("Wafloy Mountain Village") furnishing services, premises and/or equipment to enable me to participate in the following kinds of activities: team-building, paintball, volleyball, swimming and other water- based recreational activities, and any other activities offered by or through Wafloy Mountain Village (collectively. the "activities"), I.the undersigned agree as follows: 1.Acknowledge and agree that the Activities entail both known and unanticipated risks that could result in physical or emotional injury. paralysis, death. or damage to me. my property. or third parties. I understand such risks cannot be eliminated without jeopardizing the essential qualities of each of the Activities. In addition. I acknowledge and agree that any use of any Wafloy Mountain Village equipment, facilities or property that is not expressly authorized by Wafloy Mountain Village staff will be considered an "unauthorized use" and is strictly prohibited. 2. Acknowledge and agree that all Activities are based on the *challenge by choice" principle and expressly understand I do nothave to participate in any activity. I will withdraw from participation in any of the activities which I deem to exceed my physical capabilities, skill level and/or comfort level. The Activities create an inherent risk for injuries such as, but by no means limited to: slips, falls, free falling. heat stroke. heart attack. seizure, blindness. fractures. rope burn. drowning. pinches. scrapes, twists, jolts, strains, scratches. bruises. sprains, lacerations, fractures, concussions. stings. allergies. diseases. infection and other injury. I understand participating in a group activity subjects me to the conduct of other individuals and I may be exposed to the negligent acts and behavior of other persons and activity participants. 3.Expressly agree and promise to accept and assume all of the risks inherent in any of the Activities in which I participate. My participation in each of the Activities is purely voluntary, and I elect to participate fully aware of the risks I am assuming. 4.To the fullest extent permitted by law, agree to indemnify, hold harmless and defend Wafloy Mountain Village. its shareholders, affiliates, agents, directors, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as the "Wafloy Mountain Village Parties") from and against any and all claims, losses, damages, expenses and other liabilities (including. but in whole or in part from my participation in the Activities or any Unauthorized Use. I for myself and anyone entitled to act on my behalf. including. but not limited to my heirs and successors, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Wafloy Mountain Village parties from any and all claims, losses, damages, expenses and other liabilities of any kind arising out of my participation in the Activities or any Unauthorized Use even if such claims, losses, damages, expenses and other liabilities arise out of negligence or carelessness on the part of any or all of the of the Wafloy Mountain Village parties. 5. Understand that Wafloy Mountain Village does not provide medical insurance to participants in any Activities and that I am solely responsible for any medical. health or personal injury costs related to my participation in any Activities or in connection with any Unauthorized use. I further understand and agree that I assume the risk of any medical or physical conditions I may have and I will make said medical or physical conditions known to Wafloy Mountain Village upon arrival on premises that may affect my ability to safely participate in any of the Activities. If a medical emergency involving me occurs during any of the Activities or as a result of any Unauthorized Use. I understand that Wafloy Mountain Village will attempt to contact my emergency contact listed below. If that person cannot be reached or time does not permit. I hereby give permission to Wafloy Mountain Village to contact emergency services for help. and give permission to a licensed physician or other licensed medical provider to provide proper treatment. including but not limited to hospitalization, injection. anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Wafloy Mountain Village Parties from any and all claims. liabilities. causes of action. damages. demands. judgments, executions, liens and costs whatsoever in law or equity. including. without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization. or (ii) claims made against the Wafloy Mountain Village Parties for obtaining emergency medical services for me pursuant to this authorization and waiver. Wafloy Mountain Village strongly advises that all participants have adequate medical insurance coverage before participating in any Activities. 6. Grant and convey to the Wafloy Mountain Village Parties all right. title and interest I may have in any and all photographs. motion pictures, video recordings, and any other recordings made during or about any of the Activities, and the Wafloy Mountain Village Parties shall have the right to exploit such recordings throughout the universe. an unlimited number of times, in perpetuity by any and all means and media. now known or hereafter invented. Participants of Wafloy Mountain Village sometimes participate in activities or events off site and run by independent third parties that are not affiliated with Wafloy Mountain Village (the Other Activities" Wafloy Mountain Village assumes no responsibility for any such Other Activities and you agree that participation in such Other Activities will be entirely at your own risk, and that you will indemnify. hold harmless and defend the Wafloy Mountain Village Parties from and against any and all claims, losses, damages, expenses and other liabilities (including. but not limited to. court costs and attorney's fees) arising out of or resulting in whole or in part from your participation in Other Activities.