VISITOR AGREEMENT

Please read this document carefully. It must be signed by all adult (eighteen years of age and older) Visitors to the premises of Geronimo Adventure Park, LLC (“the Park”). If the Visitor is a minor, this agreement must be signed by at least one parent or legal (court-appointed) guardian (parent and guardian each referred to below as “Parent”) as evidence of their agreement to these terms and conditions for themselves and, to the maximum extent allowed by law, on behalf of the minor Visitor. Visitors younger than 13 years of age, unless enrolled in the Park’s official Day Camp activities, must be accompanied by an adult, who is responsible for the conduct of the child and able to respond quickly to emergencies and other needs of the child. Visitors, adult and minor, are referred in this Agreement as “Visitors”.

In consideration of the services of the Park, its owners and operators I, an adult Visitor or Parent of a minor Visitor acknowledge and agree as follows:

ACTIVITIES

Visitors to the Park may engage in a variety of activities (“Activity” or “Activities”) including, but not limited to: ziplining, aerial park challenges, axe, knife, and ninja star throwing, artificial rock wall and other climbing, and team building and other ground-based Activities. Independent contractors may conduct certain activities at the Park, and those contractors – not the Park – are solely responsible for their acts and omissions. Visitors may hike and picnic and otherwise move about the Park. Camping requires special permission. Visitors are not allowed to build fires. If not otherwise provided by staff orientation or otherwise, Visitors should seek the advice and assistance from staff concerning the nature of certain Activities, use of gear and other procedures. Visitors must not engage in ziplining, axe throwing, or wall climbing Activities unless supervised by staff. Other ground-based Activities are self-directed, supported by posted directions and rules at established locations.

Visitors and Parents share responsibility for managing the risks of a visit to the Park. All policies, rules and procedures, warnings and instructions, posted and described by staff, must be observed and adhered to. As an adult Visitor, Parent or accompanying adult, I represent that I have explained such matters to the minor Visitor, if any, and agree that I and the minor will abide by these directives and any specific request or instruction of staff.

Participants in rock wall climbing must be clipped into the auto-belay system by staff only. Zipline participants will be instructed in the attachment to the continuous belay system and must maintain that attachment throughout the zipline course. Visitors and Parents accept the Park’s premises, facilities, and equipment “as is” – without any promise or representation as to condition or performance. Visitors should advise staff of defects or dangers observed in the condition of ropes, anchors, and other equipment, including rental equipment, and the conduct of other Visitors and staff.

HAZARDS AND RISKS

The Activities of the Park, and its equipment, structures and premises expose Visitors to certain risks of injury and illness, including: falls and abrupt and possibly harmful contact with structures (fixed and moveable) and persons; anxieties and fears associated with heights; the possibility of close personal contact with others, including the transmission of communicable diseases; carelessness and misjudgments, including negligence, of Visitors 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 falling timber; and the unpredictable forces of nature. The terrain of the Park may be uneven and unstable, and bodies of water must be avoided. Harmful plants and animals may cause harm. Visitors may be exposed to communicable diseases and must be free from symptoms and infections when entering the Park and comply with Park rules and instructions pertaining to such diseases.



The risks described above, and others, can result in losses to Visitors, including property damage, bodily injury, illnesses, permanent disability, paralysis, and even death. These and other risks are inherent in the Activities of the Park – that is, without them, the visit to the Park would lose its value and appeal and vigorous participation would be discouraged.

ASSUMPTION OF RISKS

I acknowledge and voluntarily assume the risks of illness, injury, and death associated with Activities within the Park, inherent or otherwise, and whether or not they are described above. I understand that Visitors may engage in other activities, supervised, and not supervised. If the Visitor is a minor I, Parent, have discussed the Activities and risks with the minor, the minor understands them and wishes to participate nevertheless, and I consent to such participation.

RELEASE AND INDEMNITY

I, an adult Visitor or Parent (as parent, agreeing for myself and, to the maximum extent allowed by law, on behalf of a minor Visitor for whom I sign below) hereby agree not to sue and to release and to indemnify (that is, defend and pay or reimburse) Geronimo Adventure Park LLC, and the owner of the Park premises, and their respective officers, directors, employees and volunteers (“Released Parties”), with respect to all claims, liabilities, and losses, by whomever they might be asserted, related in any way to my or the minor’s visit to the Park. These agreements of release and indemnity include claims of negligence of a Released Party, but not claims of gross negligence or intentionally wrongful conduct.

OTHER PROVISIONS

1) Weight and other requirements: Visitors must not participate in ziplining, rock climbing, or other physically demanding Activities if they are pregnant, or have any physical or mental condition, including illness or disease, that would cause them to be a danger to themselves or others. Weight limits for Visitors participating in ziplining or rock wall climbing are 45 pounds minimum and 265 pounds maximum (250 pounds maximum for the PowerFan and climbing wall elements). Other restrictions not listed herein, such as height, reach, and body size, may also be enforced by the Park.

2) Beer and other malt beverages may be purchased at the Park and consumed by adult Visitors twenty-one (21) years and older. Visitors may NOT participate in ziplining, aerial park challenges, or wall climbing after having consumed an alcoholic beverage, but may engage in axe throwing and select ground-based Activities, as determined by, and under the supervision of, Park staff. A Visitor must not be under the influence of alcohol or drugs when signing this Agreement. The Park reserves the right to remove from the Park premises anyone who, at the sole discretion of staff, is or appears to be, a danger to themselves or others or is otherwise disruptive or violating Park rules, policies or instructions, or for any other reason.

3) Medical care: I authorize any qualified medical or para-medical provider, including any member of the Park staff, to administer or obtain emergency medical care for me or the minor child and to exchange medical information with the third party care provider. I hereby give permission for transportation to a medical facility or hospital. I accept responsibility for the costs of such medical care and transportation.

4) Geronimo Adventure Park, LLC has my permission to use my or my minor child’s photograph to promote the Park, including in print publications, online publications, presentations, websites, and social media. I agree that no royalty or other fee will be paid for such use.

5) All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas, not including any conflict-of-laws rule or principle that might apply the laws of another jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Harris County, Texas and I hereby consent to the exclusive jurisdiction of such courts for myself and for the minor child.

6) This agreement will apply to my, and/or the minor Visitor’s, visits to the Park until it is terminated or replaced by a new agreement which will apply to visits thereafter. Rights and obligations under this agreement, as to prior Activities, will not be affected in any way by termination or replacement.

7) Visitors should not leave their personal property unattended. The Park has no responsibility for the loss or damage of such property. Lockers are available for temporary storage.

I have carefully read, understand, and voluntarily sign this agreement and acknowledge that it shall be effective and binding upon me, my minor child or ward who is a Visitor, and my, and the minor’s, families, heirs, executors, administrators, and representatives. I agree that if any portion of this Agreement is found by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.

• I understand and acknowledge that the weight limit for Ziplining is 45 - 265 lbs, and the weight limit for the Summit Plummet free fall simulation and Rock Wall Climbing is 250 lbs. Anyone exceeding those parameters will not be able to participate in those activities.
• I understand and acknowledge that no refunds will be issued for no-shows. Rainchecks or reschedules are welcome anytime prior to your reservation. Refunds may be issued with cancellation at least 72 hours in advance. If Geronimo must close an attraction due to weather, refunds will be available for out of town guests.
• I understand that valid ID (for guests 18 and over) and the credit card used for the booking will be required at check in.
• I am at least 18 years old and I have read and agree to the terms of the above agreement.