The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the ZIPLINE TOUR Activities that include dangers of colliding with a structure or another participant or staff member due to not following directions from staff or provided in the video training due to NEGLIGENCE, and/or (3) any other interaction between the Participant and Kersey Valley, Inc, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. THE ACTIVITIES YOU (OR ANYONE YOU ARE SIGNING ON BEHALF OF) ARE DANGEROUS IN NATURE, RISK OF SERIOUS INJURY, PERMANENT PARALYSIS, DISABLITLY AND DEATH CAN OCCUR AND YOU AGREE TO ASSUME ALL OF THESE RISKS BY ENGAGING IN THESE ACTIVITIES. Kersey Valley, Inc is released from all liability and all NEGLIGENCE. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panef"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and Kersey Valley, Inc specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against Kersey Valley, Inc in a court of law, and you are giving up your right to a trial by jury. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction. The remaining portions of the Agreement shall remain binding and available for use by Kersey Valley, Inc and its counsel in any proceeding. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES SIGNING THE RELEASE AGREE TO HOLD HARMLESS AND INDEMNIFY the parties being released from any and all claims, demands, causes of action, losses, and liability arising out of or related to any injury or any kind, property damage of any kind, serious bodily injury, paralysis, or death that results. I agree to wear all safety equipment of gloves, harnesses, and helmets to participate in the activities of the zipline tour. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Kersey Valley Spookywoods, Kersey Valley, Inc its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program. Do not attend this attraction if you have not read all of our warning signs in advance. Do not attend our attractions if you have preexisting medical conditions such as asthma, heart conditions, are not physically fit, prone to seizures, or any type of repertory condition. Customers should wear facemasks while indoors, wash their hands and NOT attend our attraction if they're suffering from a fever or flu-like symptoms. PHOTO AND VIDEO RELEASE I HERBY GRANT PERMISSION TO USE MY LIKENESS OR ANY MINOR I'M SIGNING FOR IN PHOTOGRAPHY AND VIDEOS N ANY AND ALL OF ITS PUBLICATIONS, INCLUDING BUT NOT LIMITED TO ALL OF KERSEY VALLEY'S PRINTED AND DIGITAL PUBLICATIONS. I UNDERSTAND AND AGREE THAT ANY PHOTOGRAPHY USING MY LIKENESS WILL BECOME PROPERTY OF KERSEY VALLEY, INC AND WILL NOT BE RETURNED. I HAVE FULLY READ AND UNDERSTAND THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I RELEASE KERSEY VALLEY, INC FROM ANY LIABILITY AND FULLY UNDERSTAND ALL RIGHTS ARE GIVEN UP BY SIGNING BELOW AND SIGNING IT VOLUNTARILY OF MY OWN FREE WILL. I WEIGH BETWEEN 70 AND 250 LBS AND RELEASE ALL PHOTOGRAPHY RIGHTS DURING THE ACTIVITIES OF THE ZIPLINING TOUR. I Agree March 29, 2024
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