TOTAL ARCHERY CHALLENGE, Crystal Enterprises Inc. WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
The undersigned acknowledges that TOTAL ARCHERY CHALLENGE “TAC” is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. THE UNDERSIGNED HEREBY ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN TAC AND ITS EVENTS.
The undersigned certifies that the attendee is physically fit, has sufficiently trained for participation in this event, and has not been told by anyone that they shouldn't participate.
The undersigned hereby takes the following action for themselves/attendee, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on their behalf, and expressly acknowledges that it is their intent to take these actions:
(a) THE UNDERSIGNED AGREES that attendee will abide by the competitive rules adopted by TAC;
(b) THE UNDERSIGNED AGREES that if they believe any of the course, facilities, equipment, and areas to be used to be unsafe they will advise the person supervising the event, activity, facility, or area;
(c) THE UNDERSIGNED WAIVES AND RELEASES ALL RIGHTS TO, AND DISCHARGE FROM, ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL 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 ATTENDEE’S PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES:
Releases and/or Related Parties, TAC sponsors, all states, cities, counties, or localities in which events or segments of events are held, even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity;
THE UNDERSIGNED ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN THIS EVENT. THE UNDERSIGNED ALSO ASSUMES ANY AND ALL OTHER RISKS associated with attendee participating in this event, all such risks being known and appreciated by them, and further acknowledges 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. The undersigned acknowledges that weather, terrain, wildlife, and other natural conditions may pose risks to attendee, and voluntarily assumes all such risks. The undersigned acknowledges that by participating in a large event with many people, the attendee is at risk of contracting an illness
including, but not limited to, COVID-19, and assumes this risk.
(d) THE UNDERSIGNED AGREES NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, losses, or liabilities that the undersigned has waived, released or discharged herein;
(e) THE UNDERSIGNED AGREES TO 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) attendee’s actions or inactions,
(ii) the actions or inactions of others, up to and including negligence, with particular emphasis on those parties under section (c) above,
(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 TAC event.
(f) THE UNDERSIGNED GRANTS PERMISSION for the use of attendees name and/or likeness relating to participation in TAC event, and waives all right to any future compensation to which may otherwise be entitled as a result of the use of my likeness. THE UNDERSIGNED UNDERSTANDS that this usage may include attendee’s likeness being used online, in social
media, in TAC advertising, and other additional uses
(g) THE UNDERSIGNED AUTHORIZES event personnel to secure emergency medical treatment on attendee’s behalf if deemed necessary and the undersigned is unable to consent to said medical treatment, and the undersigned assumes all financial responsibility for such treatment.
(h) THE UNDERSIGNED UNDERSTANDS and accepts that the entry fee is non-refundable under any circumstance.
If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.THE UNDERSIGNED HEREBY AFFIRMS THAT THEY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THE UNDERSIGNED HAS 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.
ON-SITE FAMILY ADVENTURE PROGRAMS AND SPECIAL EVENTS SUMMER/FALL 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, Total Archery Challenge,
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 Enterprises Inc., Total
Archery Challenge, (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 Enterprises Inc. 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 Enterprises Inc. from damages that may occur to personal equipment while
loading, transferring and unloading chairlifts.
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 Enterprises Inc., 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 because 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 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, subrogees, distributes, 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 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.
In consideration of TOTAL ARCHERY CHALLENGE and Crystal Enterprises Inc., allowing me and
the Minor (if applicable) to participate in the Total Archery Challenge, I expressly agree to risks
associated with or arising from my and the Minor's participation (if applicable) in the Total Archery Challenge or connected activities and waive claims I may have related to my and the
Minor's participation (if applicable) in Total Archery Challenge. In further consideration of
participating in Total Archery Challenge, I/Minor AGREES NOT TO SUE, Crystal Enterprises Inc.,
Total Archery Challenge, its employees, owners, officers, representatives, directors,
shareholders, agents or vendors.
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.
