In consideration of Conner Prairie allowing the undersigned Participant to participate in the Program, Participant, as well as each parent(s) or legal guardian(s) if Participant is a Minor, agrees as follows:
1. Assumption of Risks: Participation in the Program can be physically demanding, hazardous and involves risks, known and unknown, inherent and otherwise, that cannot be eliminated and which can cause injury, illness, paralysis or death to Participant or other persons and/or property damage. Such risks include, without limitation, obvious and hidden facility and premises conditions, equipment failure, known or unknown medical conditions, and/or the acts, omissions, or negligence of other the Released Parties and others involved with the Program. Each undersigned accept(s) and Participant voluntarily assumes all risks that may be connected with participation in the Program and acknowledges that Participant is voluntarily participating with knowledge of these risks. Participant is physically fit to participate in the Program and may cease participation at any point. The term "Released Parties" includes Conner Prairie Museum, Inc., Conner Prairie Foundation, Inc., 1859 Balloon Voyage LLC, Aerophile SAS and all of their directors, officers, trustees, employees, volunteers, agents, representatives, sponsors, related entities, affiliates, subsidiaries, and/or any other person or entity associated in any way with the Program.
2. Release: Each undersigned agrees to waive and release the Released Parties from and against all claims, damages, injuries, losses, actions (whether arising by statute, at law, or in equity), suits, proceedings, expenses, and attorney fees that they or anyone on their behalf (which includes but is not limited to heirs, representatives or next of kin) have or might have for any death, injury, or other damage (e.g. physical, psychological, emotional or property) arising out of or relating to Participant's participation in the Program, including, but not limited to any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of any of the Released Parties.
3. Indemnification: Each undersigned agrees to reimburse and be responsible for (defend, indemnify and hold harmless) the Released Parties from and against all claims, damages, injuries. losses, actions, suits, proceedings, product or strict liability actions, wrongful death actions, expenses, and attorney fees that the undersigned, anyone on undersigned’s behalf (including but not limited to heirs, representatives or next of kin) or any third party have or might have for any fatal injuries, injury, claimed injury, or property damage arising out of or relating to Participant's participation in the Program, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of any of the Released Parties.
4. No Responsibility for Personal Property: Each undersigned acknowledges that the Released Parties are not responsible for any personal property lost, damaged or destroyed while attending the Program. Participant assumes all responsibility for safeguarding personal property while participating in the Program.
5. Adherence to Rules: Participant agrees to abide by all Program rules and will follow all oral or written instructions and directions given by the Released Parties. In no case will such rules or instructions modify this waiver and release.
6. Medical Treatment Authorization: In the event that Participant is injured or becomes ill during the Program, each undersigned authorizes the Released Parties to secure first aid and/or the services of any legally qualified physician or hospital for Participant. Each undersigned agrees to jointly and severally assume any financial obligations resulting from the provision of such medical assistance and services.
7. Right of Personal Likeness Use: Each undersigned agrees that Conner Prairie and its successors and assigns shall have and own the sole and exclusive right to commercially exploit the Program including all rights to all photographs, video reproductions, audio reproductions, films, motion pictures, digital images, and other reproductions or depictions of the Program or any portion thereof, including without limitation descriptions, pictures, likenesses, images, name and sound of Participant alone or with other persons, through any and all media whether now known or hereafter discovered, and all rights to copyright, reproduce, distribute, display, perform, sell, license or otherwise dispose of same for any purpose whatsoever. Participant also grants to Conner Prairie a non-exclusive, perpetual license to use Participant’s rights of publicity (or similar), and full permission to any and all uses of Participant's likeness, including photographs and videotape for publicity and advertising purposes without compensation.
8. Customer COVID-19 Representation: Each undersigned is not aware of Participant being exposed to any individual in the last four weeks who has received a COVID-19 diagnosis, has been suspected of having COVID-19 or has experienced COVID-19 symptoms. If at any time prior to, during or within fourteen days after completion of the Program, an undersigned becomes aware of such exposure, they shall immediately contact Program personnel and shall not return to the Program without authorization.
9. Acknowledgment and Assumption of COVID-19 Risks: In addition to the risks listed in the “Assumption of Risks” section above, Program participation during the COVID-19 pandemic presents unique health and safety risks and dangers, known and unknown, inherent and otherwise, that cannot be eliminated and which can cause injury, illness, paralysis or death to Participant, Participant’s family members and other third parties. Some, but by no means all, of the risks presented include: (i) COVID-19 is highly contagious; (ii) individuals frequently do not develop COVID-19 symptoms until after they are contagious; (iii) exposed individuals may have more serious symptoms due to other known and unknown medical conditions; (iv) those involved the Program’s failure to take proper actions to prevent or minimize exposure and/or failure to have and/or use proper protective equipment; and (vi) the acts, omissions and negligence of the Released Parties. Each undersigned accepts and acknowledges Participant is voluntarily participating in the Program even with knowledge and appreciation of these risks.
10. Parents/Guardians Execution: If Participant is not yet 18 years of age, then each parent or guardian of the above minor must also sign this Agreement. Participant and each parent or legal guardian signing this Agreement are an “undersigned”).
11. Force Majeure: Each undersigned agrees that in the event Conner Prairie is either unable to or deems, in Conner Prairie’s sole discretion, it imprudent to, begin or continue with the Program due to COVID-19 concerns, government regulation, supplier or contractor delays or other events or occurrences beyond its control, Conner Prairie shall be entitled to suspend performance and any delay shall be excused without penalty or liability for damages or return of Program fees.
12. Governing Law and Venue: This Agreement is governed by the laws of the State of Indiana. Any litigation between the parties relating to this Agreement shall be filed and litigated only in the Indiana Commercial Court located in Marion County or if such Court no longer exists, in a federal or state court located in Hamilton County, Indiana. If one or more portions of this document are found to be unenforceable, the remainder of the document will remain enforceable.
**READ CAREFULLY BEFORE SIGNING, YOUR LEGAL RIGHTS ARE AFFECTED**