NOTE: Harpers Ferry Adventure Center does not accept paper waivers, please submit electronically.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

*This is a legally binding contract. Please read carefully and keep a copy for your records.

In consideration of being permitted to participate in activities, including but not limited to water, zipline and rope course, and play activities using equipment such as the jumping pillow, and use of services and equipment provided or arranged by Harpers Ferry Adventure Center Inc., its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, contractors and subcontractors, guides, and successors and assigns (collectively, “HFAC” or “Harpers Ferry Adventure Center”), I acknowledge, appreciate, and agree on my behalf and on behalf of any minor identified below (the “Minor”) to the following:

1. General Scope of HFAC Activities

This Agreement governs any and all aspects of my participation or the Minor’s participation in activities provided by HFAC, including without limitation: parking and waiting at any HFAC used land or facility; being transported in buses or other conveyances by HFAC; being provided by HFAC with equipment for use under any basis (rental or otherwise), including but not limited to helmets, harnesses; participating in white water or non-white water rafting, tubing, kayaking, canoeing or other water sport activities with HFAC; zipline and rope course activities; play activities using equipment such as the jumping pillow, and receiving training, transportation, guide, and related services from HFAC (collectively, “HFAC Activities”).

2. Age Certification I certify that I am 18 years of age or older.

3. Risk of HFAC Activities and General Assumption of Risk: I and the Minor agree to wear safety equipment, including, but not limited to, floating vest, helmet, and harness, as required by HFAC safety rules for the various HFAC Activities in which I or the Minor decide to participate. I understand and agree that the activities and services have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate.

COVID-19: I understand that the World Health Organization has declared the novel coronavirus, also known as COVID-19 (“the novel coronavirus”). I understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. I also understand that someone, e.g,. another participant or HFAC staff, could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. I understand that HFAC has taken steps to reduce the spread of the novel coronavirus but cannot guarantee that I or any minor in my custody or care will not become infected with the novel coronavirus. Further, I understand that participating in activities offered by HFAC or using any of its equipment or property may expose or infect me or any minor in my custody or case. I understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in the HFAC Activities, and I assume those risks.

I also understand that the inherent dangers of HFAC Activities include but are not limited to known and unknown risks, which could result in physical or emotional injury, disfigurement, temporary or permanent disability (including paralysis), death, or damage to myself or the Minor, to property, or to others. I understand that such risks include but are not limited to (1) the actions or inactions of other participants and third parties; (2) limitations or failure of equipment or other items, as well as latent or apparent defects in the condition of equipment or other items supplied by HFAC or others; (3) rain, wind, lightning, or other adverse weather conditions; (4) personal limitations of age, maturity or the lack thereof, physical capabilities, limitation of strength, endurance, balance, personal health condition, medical condition or impairment, the effects of any alcohol, drug, or other substance ingested, failure of nerve or erroneous decision making, negligent conduct, willful misbehavior, interference with or disregard of HFAC staff or other persons, and any action taken not that of a reasonably prudent person in like circumstance; (5) an inability to swim or stay afloat, or inability to remain calm and react reasonably to a crisis; (6) the occurrence of a collision, capsizing, sinking or other hazard resulting in wetness, injury, exposure, hypothermia and/or drowning; (7) the presence of insects, marine life, objects (submerged or otherwise), rocks, shoals, sandbars (hidden or otherwise) and other features of the waterway; (8) heat or sun, producing dehydration, sunburn, or sunstroke; (9) fatigue, chill and/or dizziness; (10) my inability to remain calm and react reasonably to a crisis; (11) delay in rescue or medical treatment in the event of a medical crisis, the adequacy of medical attention once provided; (12) collisions or other accidents that may occur while being transported; (13) hazards of hiking on rough terrain, falls from natural or man-made cliffs, elevated ropes, platforms or other structures or features; (14) encounters with any type of animal or insects (bites, stings, etc.); (15) sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel, including but not limited to coronavirus/COVID-1 (including any spread thereof), foodborne, airborne, and communicable illnesses and diseases; (16) government intervention or restrictions; (16) any condition or circumstance outside of HFAC’s control not mentioned herein; (17) sanitation issues; and (18) HFAC’s own negligence and the negligence of others.

I also understand that HFAC’s staff may provide me or the Minor with equipment and safety instructions, but HFAC cannot warrant my or the Minor’s ability to learn, process and abide by those instructions, or ability to respond capably, and that I or the Minor must take responsibility for my own performance in HFAC Activities. I acknowledge that HFAC is not responsible for providing training which renders me an expert in HFAC Activities. I EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN OR THE MINOR’S WELFARE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, VOLUNTARILY AND KNOWINGLY ASSUME ALL OF THE ABOVE RISKS, INCLUDING THOSE KNOWN AND UNKNOWN TO ME OR THE MINOR, EVEN IF ARISING FROM THE NEGLIGENCE OF HFAC, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, contractors and subcontractors, guides, successors and assigns, owners and lessors of any land or facilities they use, or others.

WATER ACTIVITIES

4. Scope of the Water Activities Covered and Participant Warranty: This section of the Agreement governs any and all aspects of my participation in the water-related activities provided by HFAC, including without limitation: participating in white water or non-white water rafting, tubing, kayaking, canoeing or other water sporting activities with HFAC; and receiving training, transport, guide, and related services from HFAC (collectively, “Water Activities”).I represent that I or the Minor can swim, and I am or the Minor is otherwise fully capable of engaging in HFAC Water Activities with no physical, emotional or mental incapacity, or special needs that should limit or impair the ability to participate safely in such activities.

5. Specific Risks of Water Activities and Assumption of Risk: I or the Minor understand that in addition to the risks and conditions outlined in Section 3 above, such risk may result from conditions which include, but are not limited to: (1) depth of water and strong, changing or unpredictable currents; (2) an inability to swim or stay afloat(3) the occurrence of a collision, capsizing, sinking or other hazard resulting in wetness, injury, exposure, hypothermia and/or drowning; or (4) the presence of insects, marine life, objects, rocks, shoals, sandbars (hidden or otherwise) and other features of the waterway.

6. Special Water Activities Related Duties of Parties to this Agreement and HFAC’s Limited Liability: I agree and understand that given the unique geographic configuration of the Harpers Ferry area waterways, participation in Water Activities may occur within one or more of the states of Virginia, West Virginia and Maryland. I understand that only West Virginia currently has a statutory system of law which establishes duties for water activity providers and participants. That system, set forth in West Virginia Code Section 20-3b-5, et seq., also known as the “West Virginia Whitewater Responsibility Act” (“Act”). Under the Act, HFAC is licensed as a “commercial whitewater outfitter,” and HFAC guides licensed as “commercial whitewater guides.” I acknowledge and agree that in the event of any claim arising out of, relating to, or concerning my participation in Water Activities, my duties as a participant, HFAC’s duties, and HFAC’s limitation of liability shall be as set forth under the Act, whether my participation occurs within the territorial boundaries of Virginia, West Virginia and/or Maryland. The Act provides, in part, as follows:

§20-3B-4. Duties of participants.

(a) Participants have a duty to act as would a reasonably prudent person when engaging in recreational activities offered by commercial whitewater outfitters and commercial whitewater guides in this state.

(b) No participant may:

(1) Board upon or embark upon any commercial whitewater expedition when intoxicated or under the influence of non-intoxicating beer, intoxicating beverages or controlled substances; or

(2) Fail to advise the trip leader or the trip guide of any known health problems or medical disability and any prescribed medication that may be used in the treatment of such health problems during the course of the commercial whitewater expedition; or

(3) Engage in harmful conduct or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person or personal property; or

(4) Perform any act which interferes with the safe running and operation of the expedition, including failure to use safety equipment provided by the commercial whitewater outfitter or failure to follow the instructions of the trip leader or trip guide in regard to the safety measures and conduct requested of the participants; or

(5) Fail to inform or notify the trip guide or trip leader of any incident or accident involving personal injury or illness experienced during the course of any commercial whitewater expedition. If such injury or illness occurs, the participant shall leave personal identification, including name and address, with the commercial whitewater outfitter's agent or employee.

ZIPLINE AND ROPE COURSE ACTIVITIES

7. Scope of Zipline and Rope Course Activities This section of the Agreement governs any and all aspects of my participation in the zipline and rope course activities provided by HFAC and receiving training, transport, guide, and related services from HFAC (collectively, “Zipline and Adventure Park Activities”).I represent that I or the Minor is between 70-250 pounds and is otherwise fully capable of engaging in HFAC Zipline and Adventure Park Activities with no physical, emotional or mental incapacity, or special needs that should limit or impair the ability to participate safely in such activities.

8.Specific Risks of Zipline and Adventure Park Activities and Assumption of Risk:The Zipline and Adventure Park Activities are conducted at various heights, some of which are very high, involve ziplines and bridges, and require the use of helmets, harnesses and gloves. The adventure park, which is self-guided, is a multi-level challenge course that is comprised of platforms, rope bridges, cables and ziplines in a natural setting. I or the Minor understand that in addition to the risks and conditions outlined in paragraph 3 above, such risk may result from conditions which include, but are not limited to:irregular terrain, presence of trees, stumps and bushes, wetness or dryness, or the presence of biting or distracting insects. I agree that I will only participate in the Zipline and Adventure Park Activities while wearing the protective and safety equipment issued to me, will follow the instructions of HFAC staff, and shall conform to the agreed duties set forth in paragraph 9 below. This waiver and release shall not be applicable to any claim for personal injury, death, or property damages directly resulting from intentional or reckless misconduct of HFAC, provided that such misconduct is unaccompanied by any contributory negligence by me or the Minor. This waiver and release does not include release of the statutory duties set forth in West Virginia’s Zipline and Canopy Tour Responsibility Act, W. Va. Code §21-15.

9. Special HFAC Activities-Related Duties of Parties to this Agreement and HFAC’s Limited Liability: In the event the release and waiver set forth in this Agreement are not found under governing law to bar a claim for personal injuries, death or property damage, I agree that the following duties of mine as a Participant in participating in HFAC Activities, in addition to any other duties set forth in this Agreement and under the law, and standard of care of HFAC in providing the HFAC Activities shall govern and be controlling in any such claim or cause of action concerning such claim:

A. As to the Participant:

(1) Participant will act as would a reasonably prudent person when participating in any HFAC Activities;

(2) Participant will use the protective and safety equipment provided by HFAC and follow HFAC’s safety and other instructions while participating in any HFAC Activities;

(3) Participant will not participate in any HFAC Activities while intoxicated or under the influence of any intoxicating beverages, behavior impairing prescription or non-prescription drugs, or any controlled substances;

(4) Participant will not participate in any HFAC Activities if suffering from any physical or mental condition that impairs or adversely impacts Participant’s capacity to participate;

(5) Participant will not engage in any harmful conduct, or willfully or negligently engage in any acts or inactions which contributes to cause injury to any person or personal property;

(6)Participant will not perform any act which interferes with the running and operation of HFAC Activities, including without limitation the failure to use protective and safety equipment provided by HFAC;

(7) Participant will not engage in HFAC Activities without the authority, supervision and guidance of HFAC except as authorized by HFAC;

(8) Participant may not drop, throw or expel any object while participating in HFAC Activities except as authorized by HFAC;

(9) If at any time the Participant finds that he/she is uncomfortable with participating in any HFAC Activities for any reason, Participant will immediately discontinue participation, notifying HFAC staff that he/she is doing so. Participant will likewise immediately discontinue participation if instructed for any reason by HFAC staff to do so.

(8) Participant will promptly inform HFAC of the occurrence and particulars of any personal injury, illness or property damage occurring during participation in any HFAC Activities;

B. As to HFAC:

HFAC will provide equipment and services for participation in the HFAC Activities with the standard of care reasonably expected under the law. HFAC will provide equipment and services for participation in the Zipline and Adventure Activities thein conformance with the standard of care reasonably expected under the law of members of the zipline and challenge court provider profession.

10. Bar of Participant from Claim When Participant Has Contributed to Injury or Damage, and Participant’s Agreed Indemnity of HFAC for Any Third-Party Claim Arising from Participant’s Actions: I agree that if I contribute to the occurrence of any personal injury, wrongful death or property damages by any intentional or negligent actions, such contributory intentional act or negligence shall bar absolutely any claim by me or on my behalf against Releasees. If I violate any of my duties set forth in this Agreement or under law and thereby injure or damage another person, I agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, injuries, costs, damages, losses or suits, including attorney’s fees, brought by or on behalf of anyone, arising out of, concerning, or relating to such injury or damage to the other person, even if such claims allege negligence by Releasees, with said obligation not dischargeable in bankruptcy.

11.Activities Provided by Third Party Vendors: I understand that HFAC uses third party vendors to provide certain recreational activities. These third party vendors are disclosed on HFAC’s website and/or in other HFAC materials. HFAC acts only as an intermediary for these third party vendors. I understand and agree that these vendors are independent contractors, are not managed by HFAC, and are not agents or employees of HFAC. I understand and agree that as a result, HFAC assumes no responsibility for and cannot be held liable for any negligent or willful act or failure to act of any third party vendor.I also understand and agree that HFAC has made no representation whatsoever as to the safety or quality of the activities and services provided by the third party vendors. I am aware that the activities and services of these third party vendors are subject to the vendors’ own terms and conditions and/or waivers of liability, which may require my separate signature.

12.Waiver of Liability, Release, Indemnity and Covenant Not to Sue: To the fullest extent permitted by law, I on behalf of myself and my heirs, legal and personal representatives, next of kin, successors and assigns (collectively, “Releasors”), expressly a) RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE HFAC, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, contractors and subcontractors, guides, successors and assigns, and the owners and lessors of any land or facilities they use (collectively, “Releasees”), from and against any and all liability, claims, demands, losses or damages which I now have or may later have against Releasees arising out of, relating to, or in connection with activities and services provided, arranged or advertised by HFAC, whether arising from the Releasees’ negligence or otherwise; b) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Releasees from and against any and all claims, injuries, costs, damages, losses or suits, including attorney’s fees, brought by or on behalf of anyone, arising out of or relating to my participation in the activities and use of services provided, arranged or advertised by HFAC,even if such claims allege negligence by Releasees or others, with said obligation not dischargeable in bankruptcy.

13. Participant’s Own Responsibility for Personal Property: I agree that I am responsible for the safety and protection of my own personal property, of whatsoever kind or nature, and agree HFAC will not be responsible for any loss or damage of such property while I am on any land used by HFAC or am otherwise participating in any activities.

14. Permission for Use of Publicity Items: I agree that HFAC may copyright in its own name, use, re-use, and reproduce any images, photos, videos, slides, films or other media taken of me, in any medium, free of charge and without my right to inspection, for promotion or publicity purposes relating to HFAC’s activities and services.

15.Choice of Legal Forum, Application of these Terms and Conditions, and Severability of Provisions: I agree that all disputes and matters arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed and resolved exclusively by the United States District Court for the Eastern District of Virginia or state courts located in Loudon County, Virginia. I agree that any dispute shall be settled by West Virginia law. I agree to personal jurisdiction in the specified forum. I also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

I understand that a paper version of this Agreement is available but I have voluntarily chosen to sign this document electronically. I certify that I have read and understand this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. My signature applies to all terms and pages of this Agreement.

PARENT/LEGAL GUARDIAN SIGNATURE FOR MINORS:

Minors Under 18 Years of Age: A Parent or Legal Guardian Must Sign This Agreement on the Minor’s Behalf. The Parent or Guardian Must Submit Their Own Signed Agreement Separately if Also Participating in HFAC Activities.

I am the parent or legal guardian of the minor. I understand the legal consequences of signing this Agreement, including but not limited to a) releasing HFAC from all liability on my and the minor’s behalf, b) promising not to sue on my and the minor’s behalf, c) assuming all risks of the minor’s participation in HFAC Activities, and d) indemnifying HFAC. I understand that I am responsible for the obligations and the acts of the identified minor as described in this document. I agree to be bound by the terms of this document. Having legal authority to do so, I give the above minor permission to participate in the HFAC Activities and give HFAC permission to provide medical treatment or authorize such treatment in case of emergency or accident.

Please select who will be participating: