Common use of Participant Requirements Clause in Contracts

Participant Requirements. Visitors must be physically and emotionally capable of participating in the Activities of OMOA, without being a danger to themselves or others. They must be participating voluntarily and not under the influence of drugs , alcohol or medications of any kind. Participants in the Treetop Quest and Spider Quest events must weigh no more than 250 pounds and have a flat footed reach of at least 4’5”. While on an obstacle course participants must wear a harness provided by OMOA, attached by a lanyard and carabineer to a continuous belay system. Parents of visitors 17 years of age or younger must remain reasonably available to the child while on the premises of the park. The Adult Visitor, or Parent, is responsible for determining his or her, or the Minor Visitor’s, suitability for the Activities and must seek assistance from the OMOA staff if suitability is in doubt. A visitor who fails to follow instructions and rules of the park or is otherwise considered by OMOA staff to be a danger to themselves or others may be removed from the Activity at any time at the sole discretion of staff and without the refund of fees paid. A misrepresentation of a participant’s weight, or of any other characteristic pertaining to safety, intentional or not, will cause the visitor to be a trespasser, and entitled only to the rights and privileges of a trespasser. In addition, in the event of such a misrepresentation, the Adult Visitor, or Parent, agrees to indemnify and protect OMOA from any claim of loss suffered or caused by him or her, and, if a Parent, suffered or caused by the Minor Visitor. Risks I, an Adult Visitor, am aware that participation in the Activities involves risks of harm to visitors and their property. These risks include slips and falls, uneven and sometimes difficult terrain, collisions with trees, platforms and other natural or man-made objects and other visitors, and the negligence of other visitors and OMOA staff, including the failure of staff to protect me, or the Minor Visitor, from unreasonable risks of harm. There will be times when visitors will not be supervised or even observed by OMOA staff members. The outdoor environment of the Activities will expose participants to the natural elements, including weather, falling timber, heat and cold, and possibly harmful plants, insects and animals, contact with which might cause injury, including allergic reactions. These risks are inherent in a visit to OMOA; that is, they cannot be eliminated without altering the nature of the visit. Assumption of risks I, an Adult visitor or Parent, understanding that the risks of OMOA Activities can cause serious damage to my property, serious personal injury and even death, acknowledge and assume ALL risks of a visit to OMOA, whether or not described above and inherent or not, and including the negligence of OMOA staff. If I am signing this Agreement on behalf of a Minor Visitor, I have explained the Activities and risks to that Minor Participant, who understands them and wishes to participate in the Activities nevertheless. Release and Indemnity I, an Adult Visitor or Parent of a Minor Visitor (as Parent, for myself and, to the extent allowed by applicable law, on behalf of the Minor Visitor), hereby agree to release and not to sue and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys fees) Old Mountain Outdoor Adventures, LLC and Old Mountain Farms, LLC, and their respective owners, members, managers, officers, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”) with respect to any claim related in any way to my or the Minor Visitor’s being in, on or about the OMOA premises or using any OMOA facilities, services or equipment. These agreements of release and indemnity include claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct. Validity of Waiver I understand that if I institute or anyone institutes any suit, action of law, or arbitration proceeding because of injury to my person or property, or my death, this Agreement can and will be used as a defense in a court of law or arbitration. I agree that I have knowingly and voluntarily signed this Agreement and agree to its contents.

Participant Requirements. Visitors must be physically and emotionally capable of participating in the Activities of OMOA, without being a danger to themselves or others. They must be participating voluntarily and not under the influence of drugs drugs, alcohol or medications of any kind. Participants in the Treetop Quest Quest, TruBlue Quest, and Spider Quest events must weigh no more than 250 pounds and have a flat footed reach of at least 4’5”. While on an obstacle course participants must wear a harness provided by OMOA, attached by a lanyard and carabineer to a continuous belay system. Parents of visitors 17 years of age or younger must remain reasonably available to the child while on the premises of the park. The Adult Visitor, or Parent, is responsible for determining his or her, or the Minor Visitor’s, suitability for the Activities and must seek assistance from the OMOA staff if suitability is in doubt. A visitor who fails to follow instructions and rules of the park or is otherwise considered by OMOA staff to be a danger to themselves or others may be removed from the Activity at any time at the sole discretion of staff and without the refund of fees paid. A misrepresentation of a participant’s weight, or of any other characteristic pertaining to safety, intentional or not, will cause the visitor to be a trespasser, and entitled only to the rights and privileges of a trespasser. In addition, in the event of such a misrepresentation, the Adult Visitor, or ParentXxxxxx, agrees to indemnify and protect OMOA from any claim of loss suffered or caused by him or her, and, if a Parent, suffered or caused by the Minor Visitor. Risks I, an Adult Visitor, am aware that participation in the Activities involves risks of harm to visitors and their property. These risks include slips and falls, uneven and sometimes difficult terrain, collisions with trees, platforms and other natural or man-made objects and other visitors, and the negligence of other visitors and OMOA staff, including the failure of staff to protect me, or the Minor Visitor, from unreasonable risks of harm. There will be times when visitors will not be supervised super- vised or even observed by OMOA staff members. The outdoor environment of the Activities will expose participants to the natural elements, including weather, falling timber, heat and cold, and possibly harmful plants, insects and animals, contact with which might cause injury, including allergic reactions. These risks are inherent in a visit to OMOA; that is, they cannot be eliminated without altering the nature of the visit. Assumption of risks I, an Adult visitor or Parent, understanding that the risks of OMOA Activities can cause serious damage to my property, serious personal injury and even death, acknowledge and assume ALL risks of a visit to OMOA, whether or not described de- scribed above and inherent or not, and including the negligence of OMOA staff. If I am signing this Agreement on behalf of a Minor Visitor, I have explained the Activities and risks to that Minor Participant, who understands them and wishes to participate in the Activities nevertheless. Release and Indemnity I, an Adult Visitor or Parent of a Minor Visitor (as Parent, for myself and, to the extent allowed by applicable law, on behalf of the Minor Visitor), hereby agree to release and not to sue and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys fees) Old Mountain Outdoor Adventures, LLC and LLC, Old Mountain Farms, LLC, and Old Mountain Arboretum, Inc and their respective owners, members, managers, officers, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”) with respect to any claim related in any way to my or the Minor Visitor’s being in, on or about the OMOA premises or using any OMOA facilities, services or equipment. These agreements of release and indemnity include claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct. Validity of Waiver I understand that if I institute or anyone institutes any suit, action of law, or arbitration proceeding because of injury to my person or property, or my death, this Agreement can and will be used as a defense in a court of law or arbitration. I agree that I have knowingly and voluntarily signed this Agreement and agree to its contents.respective

Participant Requirements. Visitors must be physically and emotionally capable of participating in the Activities of OMOA, without being a danger to themselves or others. They must be participating voluntarily and not under the influence of drugs , alcohol or medications of any kind. Participants in the Treetop Quest and Spider Quest events must weigh no more than 250 pounds and have a flat footed reach of at least 4’5”. While on an obstacle course participants must wear a harness provided by OMOA, attached by a lanyard and carabineer to a continuous belay system. Parents of visitors 17 years of age or younger must remain reasonably available to the child while on the premises of the park. The Adult Visitor, or Parent, is responsible for determining his or her, or the Minor Visitor’s, suitability for the Activities and must seek assistance from the OMOA staff if suitability is in doubt. A visitor who fails to follow instructions and rules of the park or is otherwise considered by OMOA staff to be a danger to themselves or others may be removed from the Activity at any time at the sole discretion of staff and without the refund of fees paid. A misrepresentation of a participant’s weight, or of any other characteristic pertaining to safety, intentional or not, will cause the visitor to be a trespasser, and entitled only to the rights and privileges of a trespasser. In addition, in the event of such a misrepresentation, the Adult Visitor, or Parent, agrees to indemnify and protect OMOA from any claim of loss suffered or caused by him or her, and, if a Parent, suffered or caused by the Minor Visitor. Risks I, an Adult Visitor, am aware that participation in the Activities involves risks of harm to visitors and their property. These risks include slips and falls, uneven and sometimes difficult terrain, collisions with trees, platforms and other natural or man-made objects and other visitors, and the negligence of other visitors and OMOA staff, including the failure of staff to protect me, or the Minor Visitor, from unreasonable risks of harm. There will be times when visitors will not be supervised or even observed by OMOA staff members. The outdoor environment of the Activities will expose participants to the natural elements, including weather, falling timber, heat and cold, and possibly harmful plants, insects and animals, contact with which might cause injury, including allergic reactions. These risks are inherent in a visit to OMOA; that is, they cannot be eliminated without altering the nature of the visit. Assumption of risks I, an Adult visitor or Parent, understanding that the risks of OMOA Activities can cause serious damage to my property, serious personal injury and even death, acknowledge and assume ALL risks of a visit to OMOA, whether or not described above and inherent or not, and including the negligence of OMOA staff. If I am signing this Agreement on behalf of a Minor Visitor, I have explained the Activities and risks to that Minor Participant, who understands them and wishes to participate in the Activities nevertheless. Release and Indemnity I, an Adult Visitor or Parent of a Minor Visitor (as Parent, for myself and, to the extent allowed by applicable law, on behalf of the Minor Visitor), hereby agree to release and not to sue xxx and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys fees) Old Mountain Outdoor Adventures, LLC and Old Mountain Farms, LLC, and their respective owners, members, managers, officers, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”) with respect to any claim related in any way to my or the Minor Visitor’s being in, on or about the OMOA premises or using any OMOA facilities, services or equipment. These agreements of release and indemnity include claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct. Validity of Waiver I understand that if I institute or anyone institutes any suit, action of law, or arbitration proceeding because of injury to my person or property, or my death, this Agreement can and will be used as a defense in a court of law or arbitration. I agree that I have knowingly and voluntarily signed this Agreement and agree to its contents.

Participant Requirements. Visitors must be physically and emotionally capable of participating in the Activities of OMOA, without being a danger to themselves or others. They must be participating voluntarily and not under the influence of drugs , alcohol or medications of any kind. Participants in the Treetop Quest and Spider Quest events must weigh no more than 250 pounds and have a flat footed reach of at least 4’5”. While on an obstacle course participants must wear a harness provided by OMOA, attached by a lanyard and carabineer to a continuous belay system. Parents of visitors 17 years of age or younger must remain reasonably available to the child while on the premises of the park. The Adult Visitor, or Parent, is responsible for determining his or her, or the Minor Visitor’s, suitability for the Activities and must seek assistance from the OMOA staff if suitability is in doubt. A visitor who fails to follow instructions and rules of the park or is otherwise considered by OMOA staff to be a danger to themselves or others may be removed from the Activity at any time at the sole discretion of staff and without the refund of fees paid. A misrepresentation of a participant’s weight, or of any other characteristic pertaining to safety, intentional or not, will cause the visitor to be a trespasser, and entitled only to the rights and privileges of a trespasser. In addition, in the event of such a misrepresentation, the Adult Visitor, or Parent, agrees to indemnify and protect OMOA from any claim of loss suffered or caused by him or her, and, if a Parent, suffered or caused by the Minor Visitor. Risks I, an Adult Visitor, am aware that participation in the Activities involves risks of harm to visitors and their property. These risks include slips and falls, uneven and sometimes difficult terrain, collisions with trees, platforms and other natural or man-man- made objects and other visitors, and the negligence of other visitors and OMOA staff, including the failure of staff to protect me, or the Minor Visitor, from unreasonable risks of harm. There will be times when visitors will not be supervised or even observed by OMOA staff members. The outdoor environment of the Activities will expose participants to the natural elements, including weather, falling timber, heat and cold, and possibly harmful plants, insects and animals, contact with which might cause injury, including allergic reactions. These risks are inherent in a visit to OMOA; that is, they cannot be eliminated without altering the nature of the visit. Assumption of risks I, an Adult visitor or Parent, understanding that the risks of OMOA Activities can cause serious damage to my property, serious personal injury and even death, acknowledge and assume ALL risks of a visit to OMOA, whether or not described above and inherent or not, and including the negligence of OMOA staff. If I am signing this Agreement on behalf of a Minor Visitor, I have explained the Activities and risks to that Minor Participant, who understands them and wishes to participate in the Activities nevertheless. Release and Indemnity I, an Adult Visitor or Parent of a Minor Visitor (as Parent, for myself and, to the extent allowed by applicable law, on behalf of the Minor Visitor), hereby agree to release and not to sue and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys fees) Old Mountain Outdoor Adventures, LLC and Old Mountain Farms, LLC, and their respective owners, members, managers, officers, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”) with respect to any claim related in any way to my or the Minor Visitor’s being in, on or about the OMOA premises or using any OMOA facilities, services or equipment. These agreements of release and indemnity include claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct. Validity of Waiver I understand that if I institute or anyone institutes any suit, action of law, or arbitration proceeding because of injury to my person or property, or my death, this Agreement can and will be used as a defense in a court of law or arbitration. I agree that I have knowingly and voluntarily signed this Agreement and agree to its contents.