1. The undersigned, being at least 18 years old, has read and signed the following release, or if he/she is younger than 18 years of age, has a guardian who has read and signed the following release (hereinafter referred to collectively as “I”).
2. I acknowledge that the activities at Ijams Nature Center including, but not limited to, hiking, climbing, caving, bouldering, rappelling, paddling, (collectively referred to as “the Activity”) are hazardous and involve a great risk of physical injury or death. I assume all risks associated with the Activity including, but not limited to, obstacles, other vehicles, rough terrain, debris, trail conditions, changing weather conditions, and other hazards. I hereby recognize and assume those risks.
3. In consideration of the instruction and equipment provided by Ijams Nature Center, I agree to release and hold harmless Ijams Nature Center, their subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors and employees (collectively “the Released Parties”) from any and all claims I might have as a result of the Activity, including those claims based on negligence or breach of warranty. Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever brought by a third party for any damage which I may cause or which any other person may cause while engaged in the Activity.
4. I agree to utilize all equipment in a safe and responsible manner, in accordance with instruction provided by Ijams Nature Center. I understand and agree that I am responsible for the equipment and any protective equipment provided. I acknowledge that Ijams Nature Center has advised me the use of safety gear is mandatory.
5. I accept responsibility for any medical expenses incurred in connection with the Activity; I agree to indemnify the Released Parties for any and all claims; and I agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with participation in the Activity.
6. In exchange for Ijams Nature Center allowing me to utilize the aforementioned equipment, I CONTRACTUALLY AGREE that any and ALL DISPUTES between myself and Ijams Nature Center arising from my participation in the Activity OR use of this equipment, and INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE and EXCLUSIVE JURISDICTION thereof will be in the state court or federal court of the State of Tennessee.
7. I agree that if any portion of this release is found invalid or unenforceable, the remaining provisions will be fully enforceable to the fullest extent allowed by law. This agreement is binding on my estate, heirs, administrators and assigns.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
