In consideration of the services of Horizons at Hemlock Overlook, LLC, a Virginia limited liability company (“HHO”), I, an adult (18 years of age or older) participant in the activities of HHO, or the parent or legal guardian of a participant who is a minor, acknowledge and agree as follows:
The Program: The activities (sometimes referred to below as “the program”) of HHO include the following: challenge course (high and low) and moving about the premises of HHO or other activity site.
Risks: These activities and others will expose participants to risks, including the following: slips, falls, pinches, scrapes, twists, and jolts that can result in bruises, sprains, burns, lacerations, and fractures and in extreme circumstances even death. During the program, participants may also come in contact with plants or natural creatures that can create hazards such as allergies, bites, scratches, and ingested or injected toxins. Activity surfaces may be unstable, slippery, or steeply sloped. Environmental conditions and terrain may be cold, hot, wet, exposed, constricted, strenuous, and dark, and can involve height, remoteness, and deep or fast water. Inasmuch as activities are conducted in groups with numerous active participants, individual attention is not always possible and, on rare occasion, other participants and staff of HHO may act carelessly and, as a result, may cause injury to other participants.
Assumption of Risks: The risks described above, and others, are intrinsic, or inherent, in HHO activities; that is, they cannot be eliminated without destroying the unique character of the program. I acknowledge and assume full responsibility for any injury or infection of Disease that may result to me or to the minor child as a result of the inherent or other risks of the program, whether or not described above, and for my (or the minor child’s) negligence while participating in the program or otherwise being on or moving about the premises of HHO or other activity site. If I am the parent or legal guardian of a minor participant, I represent that I have discussed the risks with the minor, who understands them and wishes to participate nevertheless, and I consent to his or her participation.
Agreements of Release and Indemnity: To the fullest extent allowed by laws of the Commonwealth of Virginia, I for myself and, if the participant is a minor, on behalf of that minor, release and agree not to sue HHO, its owners, officers, directors, and staff (Released Parties) with respect to claims of injury or death, infection of Disease, property loss or damage resulting in whole or part from my, or the minor’s, being enrolled or otherwise participating in the program of HHO. In addition, I agree that I shall indemnify and hold harmless the Released Parties and each of them from all claims, suits, actions and proceedings whatsoever which may be brought or instituted on account of, growing out of, occurring from, incident to or resulting from, directly or indirectly, any and all injuries, infection of Disease or damages (including, without limitation, death) to persons or property arising out of my or my minor child’s enrollment or participation in activities of or at HHO, and all losses, costs, damages and expenses (including, without limitation, attorney’s fees and other costs of defending against such claims, suits, actions and proceedings).
To the extent allowed by law, these agreements of release and indemnity include claims, injuries, infection of Disease or damages (including, without limitation, death) which result from, or are claimed to have resulted from, in whole or in part, negligence, but not the gross negligence or willful misconduct, of a Released Party, and shall be effective and binding upon myself, the minor participant, if any, and our respective heirs, personal representatives, estates, and family members.
Governing Law and Forum Selection: This Agreement will be governed by the laws of the Commonwealth of Virginia, without regard to choice of law principles. Should any disputes arise between the parties relating to my or my child’s participation in activities at HHO, including but not limited to personal injury, property damage, or any provision of this Agreement, any such disputes shall be resolved in the Harrisonburg/Rockingham County General District Court, or, if the Harrisonburg/Rockingham County General District Court does not have jurisdiction over the dispute, by binding arbitration in Harrisonburg, Virginia. All parties waive trial by jury.
Other: Unless I affirmatively opt out by contacting a representative of HHO in writing, I authorize HHO to utilize any photo/video or any other media containing images/sounds of me (or, if applicable, the minor participant) for promotional or other use, without compensation to me or the child.
I agree that any dispute, including any lawsuit brought by me or by or on behalf of the minor child, and the interpretation of this Agreement, shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to conflicts-of-laws principles that would require the application of another law.
I have completed the Medical and Special Needs section, below, accurately and to the best of my knowledge. I represent that that I am (or the minor child is) physically capable of participating in the program.
If the participant is a minor: I appoint HHO and its employees and agents as my agent to make health care decisions on behalf of the minor participant during the period that they are involved in activities sponsored by HHO. I agree to be responsible for costs of medical treatment given pursuant to this authorization.
Medical and Special Needs: This section is to alert and enable HHO program staff to any medical or special needs, to enable them to modify program elements where appropriate.
If any portion of this Agreement is deemed to be unenforceable by a court of competent jurisdiction, the remainder shall nevertheless remain in full force and effect.