TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
I acknowledge that TOTAL ARCHERY CHALLENGE is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN TOTAL ARCHERY CHALLENGE AND IT'S EVENTS. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been told by anyone that I shouldn't participate. I hereby take the following action for myself, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by TOTAL ARCHERY CHALLENGE (b) I AGREE that prior to participation in an event, I will inspect the course, facilities, equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising the event, activity, facility, or area; (c) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES: TOTAL ARCHERY CHALLENGE sponsors, employees, event owners, volunteers, all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity; I ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with participating in this event all such risks being known and appreciated by me, and I further acknowledge that these risks include risks that may be the negligence of the persons or entities mentioned above in paragraph (c) or other persons or entities; (d) I AGREE NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, looses, or liabilities that I have waived, released or discharged herein; (e) I INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of (i) my actions or inaction's, (ii) the actions, inactions of negligence of others including those parties hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where the event is being conducted; (iv) the Competitive Rules; or (v) any other harm caused by an occurrence related to this event, TOTAL ARCHERY CHALLENGE event, and (f) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in TOTAL ARCHERY CHALLENGE event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; (g) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE FOLLOWING SECTION.
1. I agree that I am personally responsible for my safety and actions while participating at Total Archery Challenge LLC (TAC). I agree to comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions. Because TAC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Total Archery Challenge LLC members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending TAC, or otherwise, while participating in any activity while in, on, or around TAC and/or while using any venue facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.
ON-SITE FAMILY ADVENTURE PROGRAMS AND SPECIAL EVENTS
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND MEDICAL AUTHORIZATION
IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, the Undersigned, Individually (and as Parent or Guardian of the Undersigned Minor(s), if applicable), state that I am aware that the Family Adventure Programs and Special Events, including: Biking, Mountain Biking, Running and Biking Races, Campfires, Field Games, Scootering, Skating, Hiking, Fishing, Boating, Outdoor Laser Tag, Swimming, Adventure Course and Zip Line, Climbing Wall, Alpine Slide, Archery Tag, Archery, Inflatable Slide, Wrecking Ball Inflatable Game, Golf Cart and Bike Parade playing Disc Golf, Wagon Rides, Petting Zoo, Pumpkin Carving, Carnival Games, Bounce House, Obstacle Course, Pool Games, Children’s Adventure Programs and Riding on Resort Shuttles to and from activities, Loading, Unloading and Riding the Chairlift and Loading/Unloading bikes from Chairlifts, present many risks and dangers hazards, including, but not limited to: slips, falls, drowning, variations in terrain or water conditions or currents, changing weather conditions, impact or collision with natural or manmade objects or with other Adventure Program participants, insect bites, animal or fish encounters, exposure to poisonous plants, exposure to the cold or heat, exposure to water, rope abrasion, entanglement, failure of equipment or anchor points or failure of part of the manmade structure, equipment failure or malfunction, negligence of other participants, and negligence on the part of Crystal Mountain, Crystal Adventures LLC, Total Archery Challenge, Honor Trading Post Inc., Family Friendly Entertainment Inc, North Mitten LLC, Forbes Party Rentals, ACP Entertainment, Whispering Pines Mobile Zoo, Cotton Creek Farms, (hereinafter collectively known as “Releasees”) and its employees, owners, officers, representatives, directors, shareholders, members, agents, volunteers, successors, subsidiaries, related entities, and vendors, breach of statutory duties, which may result in types of personal injury or loss, including brain damage and death. I am aware that many risks and dangers exist throughout the Resort area both known and unknown, and that many are unmarked. I realize that injuries during participation in the Family Adventure Program and Special Events activities are a common and ordinary occurrence of these activities.
I understand that a helmet and protective equipment are required for participation in On Hill Mountain Biking, Adventure Course, Zip Line, and other activities. I understand that the equipment is available at no additional charge. I understand that Crystal Mountain strongly recommends the use of a helmet and protective equipment for participation in biking, cross country mountain biking, skating and scootering and the use of a life preserver for fishing and boating. The equipment is available at no additional charge. I further understand and hold harmless Crystal Mountain from damages that may occur to personal equipment while loading, transferring and unloading chairlifts.
I am declining the recommended equipment on my behalf and the Minor’s behalf (if applicable).
In consideration of The Releasees allowing me and the Minor (if applicable) to participate in Family Adventure Program Activities and Special Events, I expressly agree to risks associated with or arising from my and the Minor's participation (if applicable) in Family Adventure Program Activities and Special Events, connected activities or use of Family Adventure Program and Special Events equipment and waive claims I may have related to my and the Minor's participation (if applicable) in Family Adventure Program Activities and Special Events. In further consideration of participating in ON-SITE Family Adventure Programs and Special Events, I/Minor AGREES NOT TO SUE, Crystal Mountain, its employees, owners, officers, representatives, directors, shareholders, agents and vendors.
ADULT/PARENT/GUARDIAN: In further consideration, I hereby Release and Agree to Hold Harmless, Indemnify and Defend, The “Releasees”, and its employees, owners, officers, representatives, directors, shareholders, members, agents, volunteers, successors, subsidiaries, related entities, and vendors from and against claims, actions, damages, including claims or actions brought by me and/or the Minor (if applicable), and claims related to or arising from incidents that occurred prior to, on and/or following the date of this Release and Indemnification Agreement, including but not limited to: allegations of negligence, including the negligence of the Releasees, breach of contract, breach of statutory or other care and breach of express or implied warranty. I further agree to Indemnify, Hold Harmless and Defend the Releasees from damage, costs or expenses, including actual attorney fees and costs, without limitation, which Releasees may sustain as a result of my and the Minor’s (if applicable) participation in the Family Adventure Program Activities or Special Events and related activities.
I consent to and authorize the taking of photographs and/or videos during my and the Minor's (if applicable) participation in the Family Adventure Program Activities and Special Events. I grant permission for use of said photographs and/or videos in advertising, displays, web sites, brochures, other forms of electronic or social media, illustrations or publications without notifying me. I waive rights to privacy on behalf of myself and the Minor (if applicable), in the photographs/videos and to compensation related to the use of the photographs and/or videos.
I understand that certain minimum skills, physical and mental capabilities and fitness are agreed to in order to participate in dangerous activities such as Family Adventure Program Activities and Special Events: I warrant that I and the Minor (if applicable) possess these. I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and the Minor (if applicable). I authorize Releasees to render first aid and to call for medical and/or dental care for me and/or the Minor (if applicable) if, in their opinion, such medical or dental care is needed. I agree to pay for expenses and costs associated with such care and related transportation. I understand this Release and Indemnification Agreement may be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Releasees as a complete bar and defense against claims, demands or causes of action by me and the Minor (if applicable) or on my behalf and the Minor’s behalf (if applicable). Provisions of this Release and Indemnification Agreement which may prove to be invalid, void or illegal in no way affects, impairs or invalidates other provision hereof, and such other provisions remain in full force and effect. I acknowledge that this activity is taking place in the State of Michigan and I further agree that the laws of the State of Michigan apply in the construction or application of this Release and Indemnification Agreement.
I understand and acknowledge that applicable rules, directions and instruction for participation in the Family Adventure Program and Special Events activities be followed and the SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY AND THE SAFETY OF THE MINOR (IF APPLICABLE) REMAINS WITH ME AT TIMES while participating in the activities. I further state that if I and the Minor (if applicable) are participating in the Adventure Course, Alpine Slide, and/or auto belay of the climbing wall, I and the Minor (if applicable) are within the weight ranges of 50 pounds to 250 pounds agreed to participate in those activities.
I HAVE CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDICAL AUTHORIZATION. I UNDERSTAND ITS CONTENTS. I HAVE THE AUTHORITY TO ENTER INTO IT AND I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Stride Events, Total Archery Challenge, sponsors, affiliates, volunteers, TOTAL ARCHERY CHALLENGE - Crystal Mountain MI, and individual TOTAL ARCHERY CHALLENGE - Crystal Mountain MI organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of hazards around the event, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Stride Events I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Stride Events and its partner Total Archery Challenge shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Stride Events and its partner Total Archery Challenge does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.strideevents.com website. Stride Events and its partner Total Archery Challenge is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Stride Events and its partner Total Archery Challenge facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Stride Events and its partner Total Archery Challenge relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Stride Events and its partner Total Archery Challenge.