NOTICE: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE INITIALING OR SIGNING IT.
I being above the age of eighteen (18) years, on behalf of myself, next of kin, heirs, guardians, assigns, personal representatives and estate and in consideration of the opportunity to participate in a Zipline, River, or other adventure experience with Tico Time River Resort, LLC (the “Company”) do hereby acknowledge, promise, agree, and covenant with Tico Time River Resort, LLC, their respective staff, affiliated companies, owners, land owners, officers, agents, members, volunteers, employees, other participants, and owners and lessees of the Premises on which the Activity is conducted, (collectively hereinafter referred to as the “RELEASEES”) as follows:
ACTIVITY DESCRIPTIONS Participation in the Tico Time River Resort, LLC adventures and on site activities may include but not limited to the following activities:
River Rafting and Stand Up Paddle Boarding: Involves initial training, safety instruction, transportation, possible swimming in rough and dangerous river conditions, slippery surfaces, uneven terrain, using a paddle, etc.
Other Activites and use of entire property at the Resort: Involves all other activities lying within the property boundaries including but not limited to the use of the entire property for leisure and enjoyment. Activities may include but are not limited to trampoline, volleyball, games, swimming in a river or pond, waterslides, and disc golf, etc. All children must be in direct supervision at all times. The river, pond, and irrigation ditches pose serious safety risks including death or injury.
ALL ABOVE ACTIVITIES REQUIRE the participant to be in very good health and strong physical condition. All activities require lots of physical exertion.
ACKNOWLEDGMENT OF RISKS I fully understand and acknowledge that the activities I have voluntarily chosen to participate in involves risks and dangers of serious bodily injury including but not limited to permanent disability, paralysis, and death (“Risks”); (b) there are risks, hazards and dangerous conditions inherent in the Activities that I am about to engage in voluntarily, including but not limited to: falling from platforms, cables and other structures, equipment malfunction including breakage of cables, tethers, pulleys and harnesses, collision with stationary objects, insects, and inclement weather and my participation in the Activity may result in injury, death, illness or disease, physical or mental, or damage to my person and property and that no amount of care, caution, instruction or expertise can eliminate this inherent danger. I understand and acknowledge accidents including but not limited to, scrapes, bruises, and rope burns can and sometimes do occur during the Activity; (c) during the Activity I may experience fatigue, extreme heat and/or dizziness, which may diminish my reaction time and that of others and may therefore increase the risk of accident; (d) changing weather, rain and/or other conditions, branches falling from trees, slippery/wet decks and stairs which I will be walking and/or traveling, my own inability to properly participate in the Activity or to follow rules and directions concerning the Activity and unforeseeable events may all contribute to the chances of accident, injury or death; (e) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity or the conditions in which the Activity takes place; (f) the description of these Risks is not complete and that there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
ACCEPTANCE OF RISK AND RESPONSIBILITY Being aware that this Activity entails risks of injury, I agree, covenant and promise, by my choice, to accept and assume all responsibility and risk for myself for bodily injury, death, illness, disease or damages incurred, whether such Risks are identified herein or are not specified, as a result of my participation in the Activity. My participation in this Activity is entirely voluntary and I elect to participate in spite of the risks. I understand and agree that the Company reserves the right, in its sole discretion, to refuse to permit me to participate in the Activity, and that the Company may terminate my participation in the Activity, at my expense, if it believes me to be incapable of following the instructions or meeting the safety requirements or the rigors of participating in the Activity. I specifically agree to release the Company from any liability if I am prevented from participating in the Activity for any reason whatsoever.
I voluntarily release and forever discharge the Releasees from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this Activity, including specifically, but not limited to, the negligent acts or omissions of the Releasees, for any and all injury, death, illness, or disease, and damage to my person and property. I agree, promise and covenant not to sue, assert or otherwise maintain or assert any claim against the Releasees for any injury, death, illness or disease, or damage to my property, arising from or connected with my participation in this activity. I further agree, promise and covenant I will indemnify, save and hold harmless each of the Releasees from any and all losses, claims, actions, costs, expenses, or proceedings of any kind which may be initiated by any third person, entity or organization for its loss or damage arising out of my participation in the Activity, including reimbursement of all legal costs and reasonable attorneys’ fees incurred by the Releasees in defending against any such claim, action or proceeding.
WARRANTIES I hereby agree, represent and warrant that: (a) to the best of my knowledge, I am not pregnant; (b) I understand the nature of the Activity and I am, or the minor for whom I sign, physically and mentally capable of participating in the Activity; (c) neither I, nor the minor for whom I sign, has a pre-existing medical condition that could be aggravated by participating in the activity or aware of any medical conditions that could affect my safety while participating in the Activity; (d) neither I, nor the minor for whom I sign, has a fear of heights or other physical or emotional limitation which should preclude participation in the Activity; and (e) agree to follow all instructions given to me by the Company’s staff while I am on the premises and while I am participant in the Activity on the premises and (f) I shall use due care and caution during the use and enjoyment of the Activity and shall immediately report to the Company any unsafe conditions or unauthorized use witnessed by the undersigned.
PHOTOGRAPHIC RELEASE I hereby grant and convey all right, title and interest in and to any and all photographic images and video or audio recordings that may include my image taken during on the premises or while engaged in the Activity, and that were taken and/or made by staff and any affiliated companies.
ACKNOWLEDGMENT OF EFFECT OF THIS RELEASE AGREEMENT I understand and acknowledge that by initialing and/or signing this document I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against the Releasees including specifically, but not limited to, rights arising from or claims for the acts or omissions, negligence in any degree, of the Releasees. I further acknowledge I have signed it freely and without any inducement or assurance of any nature, and I intend it to be as broad and inclusive in favor of the State of New Mexico as permitted by the laws of the State of New Mexico and that if any provision herein is held to be invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full force and effect.
ENTIRE AGREEMENT I understand and agree that this agreement is made with full knowledge of the facts and legal implications of entering into such an agreement and that it cannot be modified or changed in any way by the representations or statements of any employee or agent of the Releasees, or by me. I further agree that this agreement contains the entire agreement between the parties, hereto, and that the terms of this agreement are contractual and not mere recitals.
My electronic signature below indicates that I have carefully and thoroughly read this entire document or had it explained to me if I do not read or speak English, and that I understand it completely and agree to be bound by its terms.
