I (names listed below referred to as “I” or “Me” understand that by signing this contract (called “Release”), I am releasing High Point Youth Ranch, Inc., doing business as High Point Urban Adventures (“High Point”) and any related entity, and their owners, officers, directors, agents, employees, representatives, successors and assigns (together “Released Parties”) from any liability.
1. I will be participating in a Challenge Course (sometimes called the “Event”). I understand there are inherent risks involved associated with the Event including but not limited to possible equipment failure, acts of fellow participants, injuries from climbing or walking on cables, logs, ladders, walls, and beams, some of which are forty plus feet above the ground, rappelling, being lowered from a rope, and at times relying on others for my safety. I understand there are other risks that are currently unknown and unanticipated by me. I HEREBY ASSUME SUCH RISKS.
2. I understand that I have a duty to exercise reasonable care for my own safety and I agree to do so. I declare that I am physically fit to participate in all activities listed in Section 1 above and I will not hold Released Parties responsible if I am injured as a result of my participation in the Event
3. If I become distressed at any time I will ask for assistance.
4. I understand that there are limited medical resources near the location of the Challenge Course and that if I am injured, appropriate medical help will be called, but the response time may be delayed due to the location of the Challenge Course. I agree to these conditions.
5. The Released Parties have made no representation to me implied or otherwise that they can or will perform safe rescue or can render first aid. If I show signs of distress or call for assistance, I would like the assistance of Challenge Course employees and I will not hold Released Parties, their employees or other guests responsible for their actions in attempting the performance of rescue or first aid.
6. I acknowledge Released Parties are not responsible for any lost or stolen items.
7. I hereby grant permission for High Point to create and capture audiovisual works including the production of photographs, films, and/or recordings of and from my voice or my appearance (“Likenesses”) by any method of recording during the Event. The Likenesses may be used or reused, published or republished, modified or altered for educational and promotional/advertising purposes in perpetuity (forever).
8. By signing below, I hereby waive my rights to sue/bring legal action against the Released Parties, whether specifically named or not, and I hereby hold the Released Parties harmless from and against all liability for personal injury, property damage or wrongful death caused by the negligence or gross negligence of the Released Parties, and I assume all risk in connection with the Event, including any risk arising from the maintenance of Event equipment or organization of the Event.
9. I have carefully read all of this Release, I fully understand its contents and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This Release constitutes the final and entire agreement between Released Parties and the undersigned. Released Parties make no warranties to me, whether expressed or implied.
10. I agree that if any portion of this Release is found to be invalid, unlawful, unenforceable, injurious to public health, public morals or confidence in administration of the law or is otherwise found to violate the public policy of the State of Oklahoma, that only that portion shall fail and all other portions shall not be affected and shall continue to be enforceable to the fullest extent permitted by the law. I specifically waive my right to claim this Release is unenforceable and waive unenforceability based on any public policy argument that I could otherwise make or that may be made on behalf of me or my estate.
11. I have had the chance, if I wanted, to discuss this Release and its meaning with an attorney of my choice. I intend for this Release to be as broad as allowed by the laws of the State of Oklahoma. This Release is made and executed in the State of Oklahoma. This Release shall be subject to, and interpreted by and in accordance with, the laws (but not the conflict of law provisions) of the State of Oklahoma.
12. I may take a short survey both before and after the Event. I understand that High Point may contact my organization (if applicable) after the Event, then again three and six months later. I understand that data collected will be consolidated in an anonymous manner, studied for research purposes and used for program improvement.
I am signing this Release of my own free will and agree to be bound by it, from the date of my signature for forever into the future.
By signing below, I acknowledge that I have read this Agreement and understand that I am waiving, for myself and my heirs, next of kin, personal representatives, executors and administrators, my right to maintain a lawsuit against High Point or any of the other Released Parties on the basis of any claim from which I have released them herein.
IF I AM SIGNING THIS AGREEMENT AS A PARENT OR LEGAL GUARDIAN OR LEGAL REPRESENTATIVE OF A MINOR UNDER AGE 18, I confirm that I am granting permission for such minor to engage in the Event and that I have discussed the Event and the related risks with such minor and he or she willingly and voluntarily desires to participate in the Event. I further confirm that each of the releases, discharges, indemnifications, certifications, assurances and agreements contained in this Agreement are made on behalf of such minor(s) to the fullest extent allowed by law, and on my own behalf.
The signature below is that of the Adult participant or of the Parent of Legal Guardian of the Minor participant(s) identified below.