Neifert Event Center Release

Private Property Visitor Release of Liability and Assumption of Risk

*** THIS IS A FREE FACILITY/PROPERTY USE CONTRACT ***

1.   I acknowledge that my participation in activities and games entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. The risks include, among other things, certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. These activities include but not limited to volley ball, capture the flag, swimming, diving, slip and slide may exposes its participants to the usual risk of cuts and bruises or injuries. Other more serious risks exist as well. Participants may fall off the equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from the zip line location, capture the flag, falling off the diving board, slip and slide etc...raises the possibility of any manner of transportation accidents. The zip line and other activities may be impacted by the weight, limitations, abilities etc... of the participant or any other factor seen or unforeseen which may contribute or increase the probability of injury or exposure to injury.

2.   Cables, lanyards, trolleys and other associated equipment that may or may not be listed here may fail without notice causing injury or death. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, the Neiferts, their children or their agents have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that the Neiferts, their children, or their agents may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities.

3.   I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

4.   I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in activities, facilities and equipment, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.

5.   Should the Neiferts or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.

6.   I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

7.   In the event that I file a lawsuit against Neiferts, or their children, agents etc...I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

8.   ***If the participant is a minor***, I agree that this Release of Liability and Assumption of Risk agreement (“RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. ***I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this agreement.***

9.   ***If the participant is a minor***, I further agree to defend, indemnify and hold harmless the Neiferts from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.

10.   In consideration of not being required to sign a fresh copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits by me and by the minor participant until he/she is 18 years old in full, including Paragraphs 8 and 9.

Additional Participants from same family / address / contact information