THOMAS FALLS CHALLENGE COURSE, LLC
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Thomas Falls Challenge Course LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TFCC"), I hereby agree to release, indemnify, and discharge TFCC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in zip line, skybridge, Rope Cross, Rope Wall, UTV, Floating Styrofoam Bridge, Paddleboats, Canoes, Raft Cross, Broken Bridge, Triangle Wall Climb, Rope & Barrel Cross, Tarp Slide, Net Climb, Log Walk, Tire Wall, Maze, and Gravity Barn activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling from significant heights; rope burns; pinches, scrapes, major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; accidental drowning; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; the negligence of other participants or persons who may be present; the forces of nature, including lightning and rapid weather changes; transmissible pathogen or disease; standing or walking near slopes and steep cliffs; my own physical condition, and the physical exertion associated with this activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a properly fitted and secured certified helmet while participating in this activity and or I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. Indemnity, release and hold harmless agreement in favor of TFCC. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless TFCC from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of TFCC’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of TFCC.
4. Should TFCC 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.
5. 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.
6. In the event that I file a lawsuit against TFCC, I agree to do so solely in the state of Texas and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By electronically signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TFCC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TFCC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.