In consideration of Adventure Ocoee LLC., Ocoee Retreat Center & Camps, Inc and ORC Properties, LLC (collectively "Adventure Ocoee" or "AO") furnishing services, premises and/or equipment to enable me to participate in the following kinds of activities: ropes courses, challenge courses, paintball, swimming and other water-based recreational activities, and any other activities offered by or through Adventure Ocoee, and whether or not located on any property owned or leased by Adventure Ocoee (collectively, the "Activities"), I, the undersigned hereby:
1. Acknowledge and agree that the Activities entail both known andunanticipated risks that could result in physical or emotional injury,paralysis, death, or damage to me, my property, or third parties. Iunderstand such risks cannot be eliminated without jeopardizing theessential qualities of each of the Activities. In addition, I acknowledgeand agree that any use of any Adventure Ocoee equipment, facilities orproperty that is not expressly authorized by Adventure Ocoee staffwill be considered an “Unauthorized Use” and is strictlyprohibited.
2. Acknowledge and agree that all Activities are based on the "challengeby choice" principle and expressly understand I do not have toparticipate in any activity. I will withdraw from participation in any ofthe Activities which I deem to exceed my physical capabilities, skilllevel and/or comfort level. The Activities create an inherent risk forinjuries 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 activitysubjects me to the conduct of other individuals and I may be exposed tothe negligent acts and behavior of other persons and activityparticipants
3.Expressly agree and promise to accept and assume all of the risksinherent in any of the Activities in which I participate. Myparticipation in each of the Activities is purely voluntary, and I elect toparticipate fully aware of the risks I am assuming.
4.To the fullest extent permitted by law, agree to indemnify hold harmless and defend Adventure Ocoee, its shareholders, affiliates,agents, directors, officers, volunteers, employees, and all other personsor entities acting in any capacity on their behalf (hereinaftercollectively referred to as the "AO Parties") from and against any andall claims, losses, damages, expenses and other liabilities (including, butnot limited to, court costs and attorney’s fees) arising out of or resultingin whole or in part from my participation in the Activities or anyUnauthorized Use. I for myself and anyone entitled to act on mybehalf, including, but not limited to my heirs and successors, herebyRELEASE, WAIVE AND FOREVER DISCHARGE the AO Partiesfrom any and all claims, losses, damages, expenses and other liabilitiesof any kind arising out of my participation in the Activities or anyUnauthorized Use even if such claims, losses, damages, expenses andother liabilities arise out of negligence or carelessness on the part of anyor all of the of the AO Parties or any other participants.
5.Understand that Adventure Ocoee does not provide medical insurance to participants in any Activities, and that I am solelyresponsible for any medical, health or personal injury costs related to myparticipation in any Activities or in connection with anyUnauthorized Use. I further understand and agree that I assume the risk of anymedical or physical conditions I may have and I will make said medical orphysical conditions known to Adventure Ocoee upon arrival on premisesthat may affect my ability to safely participate in any of the Activities. Ifa medical emergency involving me occurs during any of the Activities oras a result of any Unauthorized Use, I understand that Adventure Ocoeewill attempt to contact my emergency contact listed below. If that personcannot be reached or time does not permit, I hereby give permission toAdventure Ocoee to contact emergency services for help, and givepermission to a licensed physician or other licensed medical providerto provide proper treatment, including but not limited to hospitalization, injection, anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the AO Partiesfrom 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 AO Parties for obtaining emergency medical servicesfor me pursuant to this authorization and waiver. Adventure Ocoeestrongly advises that all participants have adequate medical insurance coverage before participating in any Activities.
6.Grant and convey to the AO Parties all right, title and Grant and convey to the AO Parties all right, title and interest I mayhave in any and all photographs, motion pictures, video recordings, andany other recordings made during or about any of the Activities, and theAO Parties shall have the right to exploit such recordings throughoutthe universe, an unlimited number of times, in perpetuity by any and allmeans and media, now known or hereafter invented.
Participants of Adventure Ocoee programs are often encouraged to participate in activities, events, races and other group challenge activities which are run by independent third parties that are not affiliated with Ocoee Retreat Center (the “Other Activities”). Adventure Ocoee assumes noresponsibility 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 AO Parties from and against anyand 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.
This Waiver and Release shall be governed in accordance with the substantive and procedural laws of the State of Tennessee without regard to its conflicts of law provisions. All disputes arising hereunder shall be brought in the state courts having jurisdiction in Hamilton County, Tennessee and I hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to me.
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
I have had sufficient opportunity to read this entire document. I have read it, I understand it, and I agree to be bound by its terms.