In consideration of my or my child’s or ward’s being permitted to participate on the Ropes Course (the “Course”), I hereby attest that, after reading this Assumption/Release/Indemnity Form completely and carefully, I acknowledge my, my child’s or ward’s participation is entirely voluntary and I further understand and agree as follows:
ASSUMPTION OF RISK/LIABILITY RELEASE/INDEMNITY: I understand that incident to my, my child’s or ward’s participation on the Course, I, my child or ward may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, or death and may also involve the risk of severe economic and property loss or damage. I also understand there may be risks involved that are not known to me or to the Released Parties, and may not be foreseen or reasonably foreseeable by anyone at this time or at the time of my, my child’s or ward’s participation on the Course. I agree to assume the risks incidental to such participation and use (which risks may include, among other things, muscle injuries and broken bones). I acknowledge that I have or will inspect the surroundings, facilities and equipment to be utilized in conjunction with the Course and, if I believe any unsafe condition exists, I will immediately advise a Course employee of such condition and will refuse participation until such condition is corrected. On my own or my child’s or ward’s behalf, and on behalf of my or my child’s or ward’s heirs, executors, administrators and next of kin, I hereby release, covenant not to sue, and forever discharge LeConte Village, LLC, Smoky Mountain Observation Wheel Investors, LLC, together with each and every subsidiary, affiliate and related entities, and the officers, directors, members, employees, agents, representatives, successors and assigns of any of them (collectively, the “Released Parties”), of and from all liabilities, claims, actions, damages, costs, or expenses of any nature arising out of or in any way connected with my or my child’s or ward’s participation in such activities or the conditions of the property, and further agree to INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS from and against any and all such liabilities, claims, actions, damages, costs or expenses including, but not limited to, all attorney’s fees and disbursements up through and including any appeal. I understand this Assumption/Release/Indemnity agreement includes any claims based on condition of the property or environment, negligence, action or inaction of any of the Released Parties or others including myself, my child and ward and covers bodily injury (including death), property damage, and loss by theft or otherwise, whether suffered by me or my child or ward either before or after such participation. I declare that I, or my child or ward, are physically fit and have the skill level required to participate on the Course. I further authorize medical treatment for myself, or my child or ward, at my cost, if the need arises. I understand I am, and my child or ward is, responsible for behaving in a safe manner to minimize risk of injury to ourselves or others. I also understand my child or ward or I may be required to leave the Course venue should my child or ward or I exhibit unsafe or undesirable conduct, at the sole discretion of the staff in charge.
PUBLICITY RIGHTS: I further grant the Released Parties the right to photograph, record and/or videotape me or my child or ward and further to display, edit and/or otherwise exploit my or my child’s or ward’s name, face, likeness, voice and appearance forever and throughout the world, in all media, whether now known or hereafter devised, in perpetuity, and in all forms including, but not limited to, digitized images, whether for advertising, publicity, or promotional purposes or for any other purpose whatsoever, without compensation, residual obligations, reservation, limitation or further approval. The Released Parties are, however, under no obligation to exercise any of the rights herein granted.
GOVERNING LAW: This Waiver and Permission Form shall be governed by the laws of the State of Tennessee, and any legal action relation to or arising out of this Waiver and Permission Form shall be commenced exclusively in the appropriate courts sitting in and for Sevier County, Tennessee having subject matter jurisdiction. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY. I certify I am 18 years of age or older and if I am executing this Waiver and Permission Form on behalf of my child or ward, the information set forth above pertaining to my child or ward is true, accurate and complete.
