ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT
In consideration of being permitted to enter and remain upon the grounds, which includes all structures buildings, equipment, machinery and property associated therewith, including means of ingress and egress, of White Rock Park LLC, Gahimer Properties LLC, and Derek and Sara Gahimer (the “grounds”) and in consideration of being permitted to participate in the activities offered therein, including without limitation, swimming, cliff diving, cliff jumping, zip-lining, rope-swinging, kayaking, paddle-boarding, camping, parking, fishing, scuba diving, or any other activities taking place on the grounds (the “activities”), I on behalf of myself and my heirs, minors for which I am responsible, personal representatives, estate, legal representatives, successors, assigns, or any other person authorized to act for me, on my behalf, or on behalf of my heirs or estate (collectively referred to as “I”, “me”, “my”, or “myself”), hereby agree to be bound by each of the following as my voluntary act and deed:
I have voluntarily elected to participate and, if applicable, to allow the minor child(ren) identified in the Assumption of Risk, Release, and Indemnification Agreement and all minor children under my supervision (referred to individually and collectively herein as "Child"), to participate in activities upon the grounds. I understand and acknowledge some or all areas of the grounds may not be monitored by staff. Regardless if staff is present, I/we participate in activities at our own risk and assume full and absolute responsibility for my/our presence at the grounds.
Assumption of Risk
I understand that this Assumption of Risk, Release, and Indemnification Agreement (the “Agreement”) is intended to address all of the risks of any kind associated with the activities conducted on the grounds and my/our presence upon the grounds, including without limitation such risks created by the actions, inactions, or negligence of White Rock Park LLC, Gahimer Properties LLC, and Derek and Sara Gahimer and each of their members, directors, owners, officers, agents, representatives, affiliated organizations, subsidiaries, employees, volunteers, contractors, participants, clients, customers, successors, and assigns (the “Released Parties”) including but not limited to risks created by the following: (a) the use and condition of the premises, facilities, and equipment at the grounds; (b) the failure of the Released Parties to foresee or protect me from actions, inactions, negligence, recklessness, or intentional or criminal misconduct; (c) the inadequacy or unavailability of medical facilities, medical treatment, safety equipment, or safety personnel; (d) lack of or inadequacy of supervision at the grounds; and (e) actions or activities of other customers; (f) the use of lifejackets while participating in activities. I understand and acknowledge the inherent risks of the grounds and activities, that the Released Parties do not and have not made any warranties or promises with respect to the grounds or the condition thereof or the qualifications of anyone who may conduct the activities, that the Released Parties cannot and do not guarantee my/our safety, that the average water depth in the lakes located on the grounds are sufficiently deep that I will be required to swim, and that flotation devices such as rafts, tubes, and noodles are not life saving devices. I KNOWINGLY AND FREELY ASSUME ALL RISKS, WHETHER OR NOT LISTED, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR ACTIONS OR OMISSIONS OF OTHERS PRESENT UPON THE GROUNDS, AND I ASSUME FULL AND ABSOLUTE RESPONSIBILITY FOR MY/OUR PRESENCE AT THE GROUNDS AND MY/OUR PARTICIPATION IN THE ACTIVITIES.
I UNDERSTAND AND ACKNOWLEDGE that my/our voluntary participation in activities and my/our presence upon the grounds possess certain anticipated and unanticipated risks which may result in injury and loss, both to person and property. I understand that the risks of injury may include but are not limited to PERMANENT DISABILITY, ILLNESS, DEATH, DISEASE, AND/OR PHYSICAL OR MENTAL DAMAGE to myself, Child, other persons, and property. These risks include but are not limited to:
1. All risks inherent to the participation in activities or presence on the grounds, including risk of injury or damage to my person and property, death, dismemberment, disfigurement, and partial or total destruction of property;
2. The acts, omissions, negligence, or fault in any degree of any of the Released Parties;
3. Latent or apparent defects or conditions on the grounds, equipment, or property supplied by and of the Released Parties or other persons or entities at the grounds;
4. The condition or existence of any docks, decks, cables, ramps, steps, ladders, rocks, shorelines, cliffs, lake bottoms, walls, jumps, slides, zip-lines, ropes, life jackets, safety equipment, trees, features, debris, other structures, or other part of the grounds and accidents connected therewith;
5. My own acts and omissions, as well as my physical condition and skill level, and the acts or omissions of other persons on the grounds and/or engaging in any activities;
6. First aid, emergency treatment, or other services rendered by Released Parties or others;
7. Consumption of any fluid or substance, whether or not provided by any Released Parties or others; and
8. The risks inherent in swimming or submerging myself/ourselves in untreated water within the environment.
9. The risks inherent in jumping or falling into water from elevated heights with or without lifejackets being worn.
I understand such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities, which I further agree is for recreational purposes and completely voluntary. I understand and acknowledge some or all areas of the grounds may not be monitored by the Released Parties. Regardless if Released Parties are present, I/we voluntarily participate in the activities at our own risk.
Release and Waiver
I hereby release the Released Parties of and from any and all claims of injury, illness, disability, accident, diseases, death, loss, damage, actions and causes of action, claims, suits, debts, judgments, bills, and demands, whether known or unknown and whether anticipated or unanticipated, including but not limited to those arising out of or in any way related to my/our use of or presence on the grounds and my/our participation in the activities and all actions or omissions related thereto (collectively “claims”), whether or not caused in whole or part by the negligence or other misconduct of the Released Parties or any other individual present on the grounds, which I have had, or now have, or which I may acquire.
Indemnification
I hereby VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND DEFEND AND INDEMNIFY the Released Parties of and from any and all claims, including but not limited to those arising out of or in any way related to my/our use of or presence on the grounds and my/our participation in the activities and all actions or omissions related thereto, whether or not caused in whole or part by the negligence or other misconduct of the Release Parties or any other individual present on the grounds, which I have had, or now have, or which I may acquire, which includes my obligation to pay or reimburse the Released Parties for any and all losses, liabilities, damages, obligations, claims, proceedings, fines, suits, and expenses (including reasonable attorneys’ fees, court fees, and disbursements incurred in the investigation or defense of any claim or in the enforcement or assertion of these indemnification rights).
Rules, Regulations, and Inspection of Grounds
I acknowledge that I/we have or will read any rules and regulations governing the grounds and the activities conducted on the grounds, and I further agree that I/we will fully comply with those rules, including as they are amended from time to time by the Released Parties. I understand that the Released Parties shall be entitled to limit and prohibit my/our right to enter or use the grounds if I violate the rules or regulations. I certify that I/we have inspected, or will immediately inspect upon my/our entering, the grounds and that I/we will continuously inspect the grounds upon entering thereafter. My/our entry upon the grounds constitutes an acknowledgement that I/we have inspected such area and find and accept the same as being safe and reasonably suited for my/our purposes. I further agree and warrant that if at any time I/we believe anything upon the grounds to be unsafe, I/we will immediately advise the Released Parties of such and will leave the unsafe area.
Medical and Promotional Authorization
I certify that I/we am/are physically, emotionally, and mentally fit to participate in the activities upon the grounds, I am at least eighteen (18) years of age, and have not been advised to not participate in such activities by a medical professional. I certify there are no health related reasons which preclude my/our participation in the activities. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of the activities or presence upon the grounds. I consent to receive, be responsible for, and pay for medical treatment which may be deemed advisable in the event of my or the Child’s injury, accident, or illness while present upon the grounds. I agree that any film or photographs taken of myself or the Child as a participant in the activities or as a guest upon the grounds taken by the Released Parties becomes the property of the Released Parties and may be used for promotional or commercial purposes without my/our permission, consent, or compensation. The Released Parties maintain exclusive rights to such photographs and film.
Binding Effect
This Agreement shall be binding upon myself and the Child, and this Agreement shall inure to the benefit of the Released Parties.
Severability
If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. This is the intent of the parties.
Venue and Choice of Law
This Agreement shall be governed by the laws of the State of Indiana. Any claim or proceeding related to this Agreement shall be brought exclusively in the federal or state courts located in or covering Shelby County, Indiana, and I hereby submit and consent to the jurisdiction and venue of those courts. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Indiana. I hereby voluntarily waive any right to a trial by jury in any claim involving any Released Party.
Term of Agreement
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or the Child visit White Rock Park, are present upon the grounds, or participate in the activities.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
I HEREBY CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY AND AUTHORITY FOR THE PARTICIPATING MINOR(S) LISTED, DO CONSENT AND AGREE TO HIS/HER/THEIR ASSUMPTION OF RISK AND RELEASE AND INDEMNIFICATION OF THE RELEASED PARTIES AS PROVIDED FOR IN THE ENTIRETY OF THIS AGREEMENT. I UNDERSTAND THAT I ASSUME THE RISK, RELEASE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ALL CLAIMS RELATED IN ANY WAY TO THE PRESENCE OF THE LISTED MINOR(S) ON THE GROUNDS AND HIS/HER/THEIR PARTICIPATION IN ACTIVITIES, EVEN IF SAID CLAIMS, PROPERTY DAMAGE, INJURIES, OR DEATH ARISE FROM OR OUT OF THE NEGLIGENCE, ACTIONS, OR INACTIONS OF THE RELEASED PARTIES.
WARNING
Under Indiana law, an agritourism provider is not liable for an injury to, or the death of, a participant in agritourism activities
at this location if the death or injury results from the inherent risks of agritourism activity.
Inherent risks of agritourism activities include risks of injury inherent to land, equipment, and animals as well as the potential
for you to act in a negligent manner that may contribute to your injury or death, or for other participants to act in a manner
that may cause you injury or cause your death.
You are assuming the risk of participating in this agritourism activity.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ANY REPRESENTATION NOT CONTAINED IN THIS AGREEMENT.
Sunday, May 28, 2023