WHY DO WE NEED A WAIVER?
We encourage people of all ages to climb, crawl, build, explore and engage in sporting activities. There are inherent risks in these activities, but we believe the opportunity to take educated risks is hugely important and enriching. This agreement says you understand those risks and you won't hold us responsible if you get hurt while participating.
EVERYONE OVER 18 MUST COMPLETE THEIR OWN WAIVER.
Accompanying minors must be added to their guardian's waiver.
Your information will be kept CONFIDENTIAL and will NOT be shared.
PARTICIPANT AGREEMENT FOR COMPLETE RELEASE OF CLAIMS, COMPLETE PERSONAL ASSUMPTION OF ALL RISKS, AND MODEL RELEASE
In consideration of the services and facilities provided by Second Sky and its agents, managers, artists, members, owners, officers, volunteers, participants, employees, customers, independent contractors, insurers, affiliates, successors, assigns, and all other persons or entities acting in any capacity on their behalf or who may be responsible for any claim related to the foregoing individuals or their activities (hereinafter collectively referred to as "SS"), I hereby agree to release, indemnify, and discharge SS, on behalf of myself, my spouse, my children, my parents, my heirs, successors, assigns, insurers, personal representatives, estate, and any other person or entity who could assert a claim by or through me against SS as follows:
1. I acknowledge that my participation in adventure playground free-play, facilitated activities and challenges, any use of tools, art installations, structures, interaction with other persons, or any other activity which occurs anywhere on site at SS or any other site where SS programming is being held, pickleball, and any participation in instructional workshops, classes and camp programs related to SS entails both known and unanticipated risks that could result in physical or emotional injury, paralysis, permanent mental or physical impairment, loss of present, future earning capacity, death, or damage to myself, to property, or to third parties. I further understand that the activities available at SS involve inherent risks that cannot be eliminated without jeopardizing the essential qualities of the activities and SS’s programming. In consideration for the opportunity to participate in these activities, I have knowingly and voluntarily entered into this Agreement.
2. I expressly agree and promise to accept and assume all of the risks associated with any activity at SS, SS’s facilities, or related in any way to SS’s programming. My participation in these activities is purely voluntary, and I elect to participate with full knowledge and understanding of the risks that my participation involves. I agree to take personal responsibility for my actions or inaction and safety, as well as responsibility for any minors I am bringing, at all times. I understand certain risks are present at SS and in connection with SS programming, including (but not limited to): hazardous terrain, low visibility at night; hot or cold climate and weather; equipment and infrastructure constructed by SS or available for use at SS; limited or no supervision by SS staff; the presence and sale of alcohol; the availability (or lack thereof) of medical facilities and/or assistance; use of fire; the unanticipated or dangerous actions of other persons; and possible adult themes. I have been informed of these risks. I am responsible for reading, understanding and complying with all signage, including instructions provided by SS staff.
3. Recognizing the risks of serious injury or death, I assume all risks and dangers associated with my presence at SS or participation in any program sponsored by SS. I agree, release, hold harmless, defend and indemnify SS from and against any and all claims, counterclaims, defenses, setoffs, recoupments, debts, demands, causes of action, suits, obligations, losses, costs, expenses and liabilities of any nature whatsoever (including, without limitation, attorneys’ fees) in law or in equity, relating to or arising from losses of, or damage to, property and injuries to, or death of, any person including but not limited to myself, any minor for whom I am responsible, and the employees, contractors, volunteers, invitees and licensees of SS, regardless of whether arising during or after my participation in activities sponsored by SS or my presence at SS’s facilities, and whether or not caused by the negligence of SS or others. I agree to all terms of this release and understand its contents. I understand and agree that this release, among other things, releases SS from responsibility for my injuries or death (whether or not caused by the negligence of SS or third-parties) and makes me responsible for injuries to or death of others caused by me. It is my intention that this release be interpreted to afford the greatest protection to SS that is permitted under Arizona law. If part of this release is found to be invalid or otherwise limited by applicable law, it is my intention that all remaining provisions be interpreted consistent with the intent expressed in this paragraph and enforced to the maximum extent allowed at applicable law. I understand this is a release in full settlement and satisfaction of all present and future claims of any kind or nature, whether known or unknown, including any future developments whether anticipated or not. I voluntarily have signed my name evidencing my acceptance of the above provisions. If applicable (if participant is under 18), my parent or legal guardian grants permission for me to participate in SS’s programming and engage in activities at SS’s facilities, and has indicated their permission by signing below.
4. Should SS or anyone acting on their behalf be required to incur attorney's fees or other to enforce this agreement or to defend any claim brought by me against SS, I agree to indemnify and hold them harmless for the actual attorneys’ fees, costs, and other expenses (including expert witness fees) which are incurred by SS or anyone acting on their behalf in defending my claim or enforcing this agreement.
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 SS, I agree to do so solely in the state of Arizona, and I further agree that the substantive law of Arizona 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 submitting this form, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity or my presence at SS’s facilities, in related in any way to SS’s programing, facilities, or any business activity of SS or Creative Machines, I will be found by a court of law to have waived my right to maintain a lawsuit against SS or Creative Machines on the basis of any claim from which I have released them herein. 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.
PHOTOGRAPHY CONSENT & MODEL RELEASE
I hereby grant permission to Second Sky representatives, to take and use: videos, photographs and/or digital images of me and all of the minors under my guardianship which I've included in this form for use in news releases, educational materials, and marketing efforts by Second Sky and its partners. These materials may be used in printed or electronic publications, on websites, social media, or other electronic communications. I further agree that my name and identity may be revealed in descriptive text or commentary in connection with the image(s). I authorize the use of these images without compensation to me or my family. All negatives, prints, digital reproductions shall be the property of Second Sky.