Common use of Activities and Risks Clause in Contracts

Activities and Risks. Access to the Park is by boat only and may include boats operated by Park staff. Visitors are allowed to move about areas of the Park only within marked boundaries and may enter the water only in areas designated for water activities, including the aquatic challenge course described below. Except while participating in zipline and aquatic challenge course activities, Visitors move about the Park and enter the water at their own risk and should not assume that they are being supervised or even observed. Warnings and instructions, including by signs and Park staff, must be observed. Children under 16 must be accompanied by an adult, who is readily available to the child if needed. The zipline tour activities include travel along the zipline (cables) at heights of up to 150 to 200 feet. Ziplines may descend steeply and will cross ravines and lake inlets. Travel from one zipline to another may be over steep and uneven ground and may be strenuous. Participants, assisted by staff, will be attached to the cable by means of a lanyard clipped onto the participant’s harness. The participant will then move, often at considerable speed, down and along that cable, to a stopping point at which, with staff assistance, the participant will disconnect from the cable and move to another line, or off the tour. Participants share the responsibility with staff for assuring that they are properly attached to a lanyard before beginning down the zipline. A harness which is not attached to a secure point provides no protection, and a fall and serious injury are almost certain to occur. Several ziplines cross bodies of water which are deep enough to require swimming to safety in the unlikely event of an equipment failure or other accident which causes the participant to land in that water. Participants may request personal flotation devices for tours on those ziplines. The risks of tours on such lines include water immersion and drowning. Participants will have an active role and responsibilities in their “zipping”, including preparedness for the beginning of the zip, landing and dismounting. The use of gear and other procedures will be described during a brief orientation prior to the tour. Zipline activities require moderate to vigorous physical exertion. The modular aquatic challenge course (“the challenge course”) is an interconnected series of inflatable structures or obstacles, floating and anchored, over and on which participants climb, jump, bounce, slide, swing, and otherwise maneuver. The course offers four separate levels of participation, requiring different degrees of strength, agility and endurance. Participants are responsible for selecting a suitable level of challenge. Participants will be provided life vests which must be worn and completely fastened at all times while on the course. Park staff trained in water safety will be present, but continuous and personal, direct, supervision is not possible, and participants share in the responsibility for their safety while on the course.

Appears in 1 contract

Sources: Visitor Agreement

Activities and Risks. Access to the Park is by boat only and may include boats operated by Park staff. Visitors are allowed to move about areas of the Park only within marked boundaries and may enter the water only in areas the designated for water activitiesswimming areas. Children under 16 must be accompanied by an adult at all times. The terrain of the Park may be uneven and unstable, particularly near the water. Poisonous plants and dangerous animals, including the aquatic challenge course described belowsnakes, may be encountered. Except while participating in zipline and aquatic challenge course activities, Visitors move about the Park and enter Persons entering the water do so at their own risk and should not assume that they are being supervised or even observed(no lifeguard will be present). Warnings and instructions, including by signs and Park staff, must be observed. Children under 16 must be accompanied by an adultThe zip line tour, who the structures and premises on which the tour is readily available conducted and the equipment used expose participants to the child if neededcertain risks. The zipline tour Tour activities require moderate to vigorous physical exertion, and include travel along the zipline (cables) at heights of up to 150 to 200 feet. Ziplines Zip lines may descend steeply steeply, and will cross ravines and lake inlets. Travel from one zipline to another may be over steep and uneven ground and may be strenuous. Participants, assisted by staff, will be attached to the cable by means of a lanyard clipped onto the participantParticipant’s harness. The participant Participant will then move, often at with considerable speed, down and along that cable, to a stopping point at which, with staff assistance, the participant Participant will disconnect from the cable and move to another line, or off the tour. Participants share the responsibility with staff for assuring that they are properly attached to a lanyard before beginning down the zipline. A harness which is not attached to a secure point provides no protection, and a fall and serious injury are almost certain to occur. Several ziplines cross bodies of water which are deep enough to require swimming to safety in the unlikely event of an equipment failure or other accident which causes the participant to land in that water. Participants may request personal flotation floatation devices for tours on those ziplines. The risks of tours on such lines include water immersion and drowning. The Park offers watercraft for rental. Persons who rent or occupy the watercraft are solely responsible for their safety on the water. Boating activities will not be monitored by staff and rescue or even assistance should not be expected. Among the hazards and risks of visiting the Park and the use of its premises and equipment are the following: accidents in transporting Visitors to the Park; falls; abrupt and possibly harmful contact with structures (fixed and moveable) and persons; anxieties and fears associated with heights; close contact with other participants; carelessness and misjudgments on the part of participants and the staff of the Park, including failing to follow proper procedures, instructions and the operating policies of the Park; the failure of structures and equipment; and the unpredictable forces of nature. Participants on the zipline may experience an increased heart rate and other symptoms of anxiety and stress due to, among other things, physical exertion and reliance on others. Participants will have an active role and responsibilities in their “zipping”, including preparedness for the beginning of the zip, landing and dismounting. The use of gear and other procedures will be described during a brief orientation prior to the tour. Zipline activities require moderate to vigorous physical exertionThe Park has no responsibility for Visitors at the Park who are not actively engaged in zipline activities. . Injuries associated with participation in this program may include breaks, sprains, strains, bruises and other contusions and in extreme cases emotional upset, anxiety and even death. Water activities, including wading, swimming and boating include the risk of prolonged water immersion and drowning. Boats may collide and capsize, throwing passengers into the water. The modular aquatic challenge course (“the challenge course”) Park is an interconnected series of inflatable structures or obstacles, floating and anchored, over and on which participants climb, jump, bounce, slide, swingremote, and otherwise maneuvermedical evacuation and care may be significantly delayed. The course offers four separate levels staff has no training for medical emergencies other than basic first aid and CPR. The risks described above, and others, are inherent in a visit to The Park and participating in activities at the Park – that is, they cannot be removed without altering the nature of participation, requiring different degrees the experience. The description of strength, agility and endurance. Participants are responsible for selecting a suitable level of challenge. Participants will be provided life vests which must be worn and completely fastened at all times while on the course. Park staff trained in water safety will be present, but continuous and personal, direct, supervision risks above is not possiblecomplete and other unknown or unanticipated risks may result in property loss, and participants share in the responsibility for their safety while on the courseinjury or death.

Appears in 1 contract

Sources: Participant Agreement

Activities and Risks. Access to the Park is by boat only and may include boats operated by Park staff. Visitors are allowed to move about areas of the Park only within marked boundaries and may enter the water only in areas designated for water activities, including the aquatic challenge course described below. Except while participating in zipline and aquatic challenge course activities, Visitors move about the Park and enter the water at their own risk and should not assume that they are being supervised or even observed. Warnings and instructions, including by signs and Park staff, must be observed. Children under 16 14 must be accompanied by an adult, who is readily available to the child if neededadult at all times. The zipline tour activities include travel along the zipline (cables) at heights of up to 150 to 200 feet. Ziplines may descend steeply and will cross ravines and lake inlets. Travel from one zipline to another may be over steep and uneven ground and may be strenuous. Participants, assisted by staff, will be attached to the cable by means of a lanyard clipped onto the participant’s harness. The participant will then move, often at considerable speed, down and along that cable, to a stopping point at which, with staff assistance, the participant will disconnect from the cable and move to another line, or off the tour. Participants share the responsibility with staff for assuring that they are properly attached to a lanyard before beginning down the zipline. A harness which is not attached to a secure point provides no protection, and a fall and serious injury are almost certain to occur. Several ziplines cross bodies of water which are deep enough to require swimming to safety in the unlikely event of an equipment failure or other accident which causes the participant to land in that water. Participants may request personal flotation floatation devices for tours on those ziplines. The risks of tours on such lines include water immersion and drowning. Participants will have an active role and responsibilities in their “zipping”, including preparedness for the beginning of the zip, landing and dismounting. The use of gear and other procedures will be described during a brief orientation prior to the tour. Zipline activities require moderate to vigorous physical exertion. Face covers will not be required while hiking as long as proper spacing between groups is maintained. The modular aquatic challenge course (“the challenge course”) is an interconnected series of inflatable structures or obstacles, floating and anchored, over and on which participants climb, jump, bounce, slide, swing, and otherwise maneuver. The course offers four separate levels of participation, requiring different degrees of strength, agility and endurance. Participants are responsible for selecting a suitable level of challenge. Participants will be provided life vests which must be worn and completely fastened at all times while on the course. Face covers should not be worn while in the water or on the obstacle course. Proper spacing must be maintained. The Park staff trained offers water activities in water addition to the challenge course, including stand-up paddle boards, floating lounges, kayaks and certain challenge elements not included in the aquatic challenge course. Recreational swimming is also available. Persons who rent or occupy the watercraft are solely responsible for their personal safety on the water. Boarding, boating and swimming activities will not be presentmonitored by staff, but continuous and personalrescue or other assistance should not be expected. The risks described above, directand others, supervision are inherent in a visit to The Park and participating in activities at the Park – that is, they cannot be removed without altering the nature of the experience. The description of risks above is not possiblecomplete and other unknown or unanticipated risks may result in property loss, and participants share in the responsibility for their safety while on the courseserious illness, injury or death.

Appears in 1 contract

Sources: Visitor Agreement