TERMS AND CONDITIONS FOR PARTICIPATION IN
HARPERS FERRY ADVENTURE CENTER INC ZIP LINE ACTIVITIES
In consideration of being allowed by Harpers Ferry Adventure Center Inc, (hereinafter, “HFAC”) to participate in
HFAC Zip Line Activities, each and every Participant acknowledges, agrees to and commits to abide by the following Terms
and Conditions for Participation:
1. Acknowledgement of the Scope of the Zip Line Activities Covered: This Agreement covers any and all aspects
of participation in HFAC Zip Line Activities, including without limitation: parking and waiting at any HFAC used land or
facility; being transported in buses or other conveyances by HFAC or its sub-contractors; being provided by HFAC with
equipment for use; being provided by HFAC guides with instruction on safe usage of Zip Lines and Zip Line Equipment;
being taken on guided tours by HFAC guides; and, fast sliding along elevated steel cables using protective and safety
equipment.
2. Acknowledgement of Risks Associated with Zip Line Activities, Representation of Individual Capacity to
Participate, Assumption of Risk, and Commitment to Follow Instructions and Conform to the Required Duties of a
Participant:. It is acknowledged by each Participant that participation in Zip Line Activities poses risk, and even substantial
risk, of personal injury, death and property damage. The Participant understands such risk may result from conditions and
occurrences which include, but are not limited to: (1) Irregularity of terrain, presence of trees, stumps and bushes which are
part of the terrain, wetness or dryness, the presence of biting or distracting insects, and any other conditions on site affecting
my participation; (2) the actions or inactions of others also participating in the Activities; (3) limitations or failure of
equipment, or failures or errors in using such equipment; (4) rain, wind, lightning or other adverse weather conditions; (5) a
Participant’s limitations of age and maturity (or lack thereof), physical capabilities and incapabilities, and limitations of
strength, endurance, and balance; (6) a Participant’s personal health condition, medical condition or impairment, and the
effects of any prescribed or unprescribed drug, alcoholic beverage or other affecting substance ingested; (6) a Participant’s
failure of nerve or erroneous decision making, negligence, willful misbehavior, interference with HFAC staff or other
persons, or any action take by a Participant not that of a reasonably prudent person in like circumstance; (7) a Participant’s
inability to remain calm and react reasonably to a crisis; (8) heat or sun, producing dehydration, sunburn, or sunstroke; (9)
personal fatigue, chill and/or dizziness; (10) potential delay in obtaining rescue or medical treatment should a Participant
become involved in some form of medical crisis; (11) while a Participant is being transported, collisions or other accidents
that may occur not caused by HFAC or its sub-contractors; (12) and, the actions or inactions of individuals other than
HFAC’s employees at any land or facility used by HFAC. Understanding and acknowledging all of the foregoing risks, the
Participant acknowledges that participation in Zip Line Activities is totally his/her free and voluntary act, and the Participant
freely assumes all of the aforesaid risks and all potential consequences therefrom, whether personal injury, death or property
damage. Understanding and acknowledging that HFAC is not in position to make a determination as to a Participant’s
physical or mental capacity to be a participant in HFAZ Zip Line Activities, the Participant represents and warrants that
he/she is in good health, she is not pregnant and he/she has no cardiac or other physical or mental condition which
could impair or affect his/her participation in HFAC Zip Line Activities (including in particular, but without
limitation, fast sliding on elevated steel cables using safety harnesses and protective gloves, and being placed upon and
removed from such elevated cables). Further, each Participant agrees that he/she will only participate in HFAC Zip Line
Activities while wearing the protective and safety equipment issued to him/her, will follow the instructions of HFAC staff,
and shall conform to the agreed duties of a Participant set forth in paragraph 6 hereinafter. If at any time a Participant finds
that he/she is uncomfortable with participating in any HFAC Zip Line Activities, or deems them unsafe, he/she will
immediately discontinue participation, notifying HFAC staff as he/she is doing so. The Participant will likewise immediately
discontinue participation if instructed for any reason by HFAC staff to do so.
3. Agreement To Waiver and Release of HFAC to the Greatest Extent Provided by Law: Each Participant
agrees on behalf of himself/herself, his/her estate, heirs, successors and assigns that he/she waives and releases HFAC, its
officers, employees, agents, successors and assigns, its sub-contractors, and the owners of the property on which any Zip
Line Activities take place from all liability, claims, demands, losses, costs and damages for personal injuries, death and/or
property damage or loss arising directly or indirectly, in whole or in part, from participation in any Zip Line Activities,
provided however, this waiver and release shall not be applicable to any claim for my personal injuries or death directly
resulting from intentional or reckless misconduct of HFAC unaccompanied by any contributory negligence on the part of the
Participant..
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4. In the Event of Non-Enforcement of Waiver and Release: Agreed Duties of Myself and HFAC, Agreed Bar
of Claim When Participant Has Contributed to Occurrence, and Agreed Indemnity of HFAC: In order to provide
certainty of expectations between each Participant and HFAC while a Participant is participating in Zip Line Activities, in the
event the release and waiver set forth in paragraph 3 or other provisions of this Agreement are not found under governing law
to bar a particular claim made for a Participant’s personal injuries, death or property damage, the claiming Participant agrees
that the following duties of the Participant and standard of care of HFAC shall govern and be controlling in any such claim or
cause of action concerning such claim:
A. As to the Participant:
(1) The Participant will act as would a reasonably prudent person when participating in any Zip Line Activities;
(2) The Participant will use the protective and safety equipment provided by HFAC and follow the instructions of
HFAC for participation in any Zip Line Activities;
(2) The Participant will not participate in any Zip Line Activities while intoxicated or under the influence of any
intoxicating beverages, behavior impairing prescription or non-prescription drugs, or any controlled substances;
(3) The Participant will not participate in any HFAC Zip Line Activities, if suffering from any physical or mental
condition that impairs or adversely affects my capacity to participate;
(4) The Participant will not engage in any willful or negligent acts or inactions which contribute to or causes injury to
any person or personal property;
(5) The Participant will not perform any act which interferes with the safe running and operation of the Activities,
including without limitation the failure to use protective and safety equipment provided by HFAC nor the failure to follow
the safety and other instructions of the HFAC guide; and
(6) If at any time the Participant finds that he/she is uncomfortable with participating in any HFAC Zip Line
Activities, or deem them unsafe, the Participant will immediately discontinue participation, notifying HFAC staff that he/she
is doing so. The Participant will likewise immediately discontinue participation if instructed for any reason by HFAC staff to
do so.
(7) The Participant will promptly inform the HFAC guide of the occurrence and particulars of any personal injury,
illness or property damage occurring during participation in any HFAC Zip Line Activities.
(8) Should a Participant’s violation of any of the foregoing duties cause any claim or law suit to be brought by
another person against HFAC, its officers, employees, agents, successors and assigns, its sub-contractors, and the owners of
the property on which any Zip Line Activities take place, the Participant agrees to indemnify to indemnify, defend and hold
harmless HFAC, et al from that claim or law suit, and further agrees this indemnity shall not be dischargeable in bankruptcy.
B. As to HFAC, as the Zip Line Activities Provider:
HFAC will provide equipment and services for participation in HFAC Zip Line Activities in conformance with the
standard of care reasonably expected of members of the Zip Line provider profession.
C. 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: If a Participant contributes
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 that Participant or on his/her behalf against
HFAC, its stockholders, directors, officers agents, employees, and subcontractors, and the owners of any land or facilities
used by HFAC. If a Participant’s intentional or negligent conduct causes personal injury, wrongful death or property damages
to another person, that Participant shall fully indemnify, defend and hold harmless HFAC therefrom, and this obligation shall
not be dischargeable in bankruptcy.
5. Acknowledgement and Agreement to Participant’s Own Responsibility for Personal Property: Each
Participant is solely responsible for the security and protection of his/her own personal property, of whatsoever kind or
nature, and agrees HFAC will not be responsible for any loss or damage of my property from any cause while the Participant
is on any land used by HFAC or otherwise participating in HFAC Zip Line activities.
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6. Permission for Use of Publicity Items: Each Participant gives permission to HFAC to use, as HFAC’s own
property, for publicity, advertising or other reasonable commercial purpose, without compensation to the Participant, any
photos, audio recordings, video or other media taken of the Participant by HFAC.
7. Choice of Legal Forum, Application of this Agreement, and Severability of Provisions: It is agreed by each
Participant, his/her executors, successors and assigns, that any law suit brought against HFAC, its stockholders, directors,
officers agents, employees, and subcontractors, and the owners of any land or facilities used by HFAC, whether for personal
injury, property damage, wrongful death or other claim arising from the Participant’s participation in any HFAC Zip Line
Activity shall be filed and conducted to conclusion within the United States District Court for the Eastern District of
Virginia, and failing diversity or other proper basis of jurisdiction in that forum, will be filed and conducted within either the
Loudoun County General District Court or the Loudoun County Circuit Court in Loudoun County, Virginia. All provisions of
these Terms and Conditions shall govern and be controlling in any such suit. If any provision of these Terms and Conditions
is found invalid or otherwise unenforceable, the remaining provisions of the Agreement shall be fully enforced.
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