Waiver and Consent Not to Sue, and Acknowledgement and Assumption of Risk
* Marks required fields.
at Catamount Adventure Park involve the use of safety equipment that must be
used according to specific directions.
It also involves participation in activities that are dangerous and participant
herein acknowledges that danger and accepts it.
FAILURE TO HEED ANY OF THE DIRECTIONS AND THESE WARNINGS MAY RESULT IN
SEVERE INJURY AND/OR DEATH. You are
responsible for your actions and decisions.
Before using the Park you must:
1. Read & understand all Instructions; 2. Get specific training in using the
safety equipment and their proper use at the Park; 3. Understand and accept the
I, the undersigned, request permission to participate in
the activities of Catamount Adventure Park.
In consideration of being permitted to participate, I do release, waive,
forever discharge, and hereby covenant not to sue Catamount Adventure Park’s
organizations, and all companies associated with the Park, their officers,
directors, agents, and employees from and against any and all liability
for any harm, injury, damage, claims, demands, actions, causes of action, costs
and expenses of any nature which Participant may have or which may hereafter
accrue to Participant, arising out of or related to any loss, damage, or injury,
including but not limited to suffering or severe injury or death, that may be
sustained by Participant or his/her property, whether caused by the negligence
or carelessness of the Park or otherwise, while Participant is in transit to and
from the Park and engaged in its Activities.
I have signed this Release in full recognition and
appreciation of the potential dangers, hazards and risks inherent to using the
Park and associated activities thereto and assume the risk of both the use of
the equipment and participation in this activity.
I understand and agree that the Park does not have
medical personnel or treatment available to Participant. I hereby authorize and grant full
permission to secure emergency medical treatment for Participant, if necessary,
and further that such action shall be subject to the terms of this Agreement. I understand and agree that the Park
makes no warranty and assumes no responsibility for any injury or damage that
might arise out of or in connection with such authorized emergency medical
treatment. We further state that there
are no health-related problems or reasons that would preclude or restrict the
Participant's participation in these Activities, and that Participant is covered
by adequate medical health insurance to provide for any medical costs that may
be necessary during the Activity.
I understand and certify that I am at least 7 years of
age and weigh less than 265 pounds and I have the ability to be properly fitted
to a harness. I further understand this activity is not recommended for women
who are pregnant.
Participant's Parent/Guardian further agrees to save and
hold harmless, indemnify and defend the Park from any claim by Participant, or
Participant's family, or court appointed representative arising out of
Participant's participation in the activity described above.
I consent for all purposes to reproduce and use of
photographs and video by the Park for advertising. In giving this consent, I
release the Park and its nominees and designees from liability for any violation
of any personal and/or proprietary right I may have in connection with
reproduction or use.
If any term or provision of this Release shall be held
illegal, unenforceable or in conflict with any law governing this Release, the
validity of the remaining portions shall not be affected thereby. Any and all disputes will be governed by
the laws of the state of Massachusetts. Any action regarding this document or any matter involving the Adventure
Course must be brought in Superior Court, Berkshire County, Massachusetts or the
U.S. District Court, District of Massachusetts.
THIS IS A RELEASE OF LEGAL RIGHTS.
I acknowledge that I have read the foregoing.