I acknowledge that directly or indirectly, I have
requested to participate in activities provided by Terrapin Adventures (TA)
(which includes Terrapin Acquisitions, LLC, Savage Mill LLLP, (collectively
referred to as “THE RELEASEES”).
Description of Activities In this agreement “Adventure Activities” include but are not
limited to
traversing on ziplines
and ropes courses, walking on cable suspension bridges, team building
exercises, bungy trampolines, climbing ladders, negotiating a ropes challenge
course, hiking in woods, kayaking, mountain biking, tubing, rapelling, caving,
backpacking, geo-caching, being transported in a commercial passenger van,
climbing up on towers or platforms.
Acknowledgement – Safety
I acknowledge that I am required to wear an
approved helmet and other safety equipment while participating in certain
Adventure Activities.
I am aware
that there are guides or instructors available to answer questions that I may
have as to the proper use of the equipment.
I am aware that the physical exertion required of Adventure
Activities and the forces exerted on the body can activate or aggravate
pre-existing physical injuries, conditions, or congenital defects. I
acknowledge that my mental and physical health are in a condition compatible with
participating in the Adventure Activities and that I should seek medical advice
if I know or suspect that my condition may be incompatible with Adventure
Activities.
I acknowledge
that I am not under the influence of alcohol, nor am I under the influence of
any drugs, including prescription, illegal or over-the-counter medication,
which could impair my ability to participate in the Adventure Activities.
If I am taking medication, I affirm
that I have seen a physician and have approval to participate in the Adventure
Activities while under the influence of medication.
I acknowledge that the participant meets the age, height and
weight requirements of the activities, which they will participate in.
Assumption of Risks
I understand that these Adventure Activities and
services have an inherent level of risk of injury, personal property damage,
and possible death.
I am aware
that participating in these activities involves some hazards including hiking
on rough and uneven terrain; changing weather conditions which may cause parts
of the courses to become slippery; equipment failure; failure to properly
adjust or fasten equipment; improper use of equipment; slips and falls;
over-exertion; fear of heights; failure to remain within designated areas;
impact or collision with trees/poles, other participants or guides; negligence
of other participants or guides; and negligence on the part of THE RELEASEES,
including the failure on the part of THE RELEASEES to take reasonable steps to
safeguard or protect me from the risks, dangers and hazards of participating in
Adventure Activities.
I
acknowledge that even if I follow all appropriate practices and procedures
there is still a risk of injury or death.
I freely accept and fully assume all risks, dangers and hazards and the
possibility of personal injury, death, property damage and loss resulting
therefrom.
Release of Liability,
Waiver of Claims and Indemnity Agreement
In consideration of THE RELEASES allowing me to
participate in Adventure Activities and permitting my use of their property,
ziplines, platforms, bridges, towers, trails, kayaks, bikes, roads, vehicles
and other structures and equipment (herein referred to as “the facilities”),
and for other goods and valuable consideration, the receipt and sufficiency of
which is acknowledged, I hereby agree as follows:
1.To waive any and all claims
that I have or may have now or in the future against THE RELEASEES and to
release THE RELEASEES
from any and
all liability for any loss, damage, expense or injury, including death, that I
may suffer or that my next of kin may suffer, whether foreseen or unforeseen,
as a result of my use of the facilities and my participation in the Adventure
Activities
2.To hold harmless and
indemnify THE RELEASEES from any and all liability for any property damage or
personal injury to any third party resulting from my participating in Adventure
Activities.
2.
The
Release Agreement shall be effective and binding upon my heirs, next of kin,
executors, administrators, assigns and representatives in the event of my death
or incapacity.
3.
The
Release Agreement and any rights, duties and obligations as between the parties
to this Release Agreement shall be governed by and interpreted solely in
accordance with the laws of the State of Maryland, without reference to
principles of conflicts of law.
4.
If
any dispute or controversy arises among the parties to this Agreement
concerning any provision of this Agreement, that dispute or controversy shall
be submitted for binding arbitration pursuant to terms of the Federal
Arbitration Act.
The dispute or
controversy shall be submitted for resolution to a board of arbitration in
Columbia, Maryland, composed of one member. Such arbitration shall be conducted
pursuant to the rules of the American Arbitration Association (the
"AAA"), Commercial Rules (expedited version) and a decision of the
board of arbitration (including an award of costs) shall be final and binding
upon the parties.
Each of the
parties consents to the jurisdiction of the courts of the State of Maryland for
enforcement of any arbitration award as stated above.
THE PARTIES HEREBY AGREE TO AND EACH HEREBY DO WAIVE A TRIAL
BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE
PARTIES HERETO AGAINST THE OTHER ARISING OUT OF THIS AGREEMENT AND THE
RELATIONSHIP BETWEEN THE PARTIES.
5.
Each
provision of this Agreement shall be considered separable and if for any reason
any provision or provisions in this Agreement are determined to be invalid or
contrary to any existing or future law, that invalidity shall not impair the
operation of this Agreement or affect those portions of this Agreement which
are valid.
6.
Although
Howard County, MD as the owner of Savage Park is not a party to this Agreement
between myself and the RELEASEES, I hereby agree on behalf of myself, my heirs,
executors and assigns to waive any and all claims, hold harmless and indemnify
Howard County, MD its officer, agents, employees, volunteers and assigns, from
and against any and all claims, actions or damages whatsoever arising from my
participation in Adventure Activities unless due to the sole negligence of
Howard County, MD with no negligence on the part of any other party.
7.
By
signing below I am giving Terrapin Adventures the right to take and use
photos/videos
taken during the days activities for use by THE
RELEASEES for promotion purposes.
I am not relying upon any oral or written
representations or statements made by THE RELEASEES with respect to the safety
of Adventure Activities other than what is set forth in this Agreement.
I acknowledge that THE RELEASES have
not made any representations as to the safety of the Adventure Activities.
I confirm that I have read, been fully informed,
and understand this Agreement prior to signing it, and I am aware that by
signing this Agreement, I am waiving certain legal rights which I or my heirs,
next of kin, executors, administrators, assigns and representatives may have
against THE RELEASEES.
For participants of a minority age, I hereby
certify that I, as parent/guardian with legal responsibility for this
participant of minority age, do consent and agree, to his/her release of all
THE RELEASEES, and, for myself, my heirs, assigns, and next of kin, I release
and agree to indemnify THE RELEASEES from any and all liabilities incident to
this participant of minority age’s participation in these Adventure Activities.
I acknowledge that the participant meets the age,
height and weight requirements of the activities, which they will participate
in:
Adventure
|
Age Requirement
|
Weight Range
|
Height Requirements
|
Terrapin
Challenge, Adrenaline Rush, High Ropes Course, Soaring Heights, Climbing Tower, Giant Swing, Triple Thrill, Zip line, Terrapin Flyer
|
8+
|
60-275 lbs.
|
48"
|
Terrapin Explorer Kid's
Course
|
5-10
|
35 lbs & up
|
Not
geared for adults
|
Bike
Tour
|
21+
|
Less
than 275lbs
|
60"
|
Kayak
tour
|
10+
|
Less
than 275lbs
|
NA
|
Caving
Tour
|
12+
|
NA
|
NA
|
Off-Site Team Building
|
8+
|
NA
|
NA
|
Backpack
Tour
|
12+
|
NA
|
NA
|
Day
Camp
|
8-15
|
60-275 lbs.
|
48"
|
Sat Sep 7, 2024
(We
do not sell our lists to any outside entities)
Please select who will be participating:
First Minor's Information
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Second Minor's Information
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Third Minor's Information
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Fourth Minor's Information
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Fifth Minor's Information
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Sixth Minor's Information
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By signing this
document you will waive certain legal rights, including the right to sue or
claim compensation following an accident, injury or death. Please read
carefully. This is a release of liability. Do not sign until you have read and
fully understand its content.