Please read this Waiver in its entirety as it affects you future legal rights. By signing below or for your child under 18, you, your family, heirs and next of kin; acknowledge, agree and represent that you have carefully read and fully understood the waiver and agreed to its terms. Waiver must be read and signed in consideration of being permitted to enter Case Creek Obstacles (The Event and collectively to mean the entire organization, to be abbreviated as C.C.O. for the duration of this waiver) and associated property (Event Site). C.C.O. as used herein, will be defined to include the following: Case Creek Obstacles owners, staff and employees, agents, the site owners, any event volunteers, event sponsors, contractors and their respective employees.
1. I understand that The Event is an inherently dangerous activity that has hazards and obstacles, including but not limited to: Netting, ropes, Ninja pits, trails, creeks, bodies of water, running, steep hills, rugged terrain, sliding and jumping into water, water crossings, hay bales, tubes, swimming, thorn trees, sticker bushes, trees and limbs, various vegetation, climbing, crawling, climbing over water or Ninja, balancing and many other possible obstacles.
2. I understand that The Event course may contain rocks, trees, hard objects, wild animals, insects, stinging insects, bees, wasps, plants and possibly poisonous vegetation.
3. I agree not to dive, slide or enter any Ninja pit or body of water head first, as doing so may cause serious physical injury, paralysis and/or even death.
4. I am aware of the fact that I can refuse to attempt any obstacle or can stop participating at any time.
5. I am fully aware of the risks and hazards inherent in participating in The Event and I voluntarily, knowingly, and freely assume all risks associated with participating in The Event and entering the Premises, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child), the actions or inactions of others (including Event attendees, owners, participants, staff or volunteers), falls, injuries, infections, attempting any obstacles, premise defects and natural hazards the effects of weather, including, but not limited to: lightning, hail, tornado, rain, sleet, snow, heat and humidity.
6. I expressly acknowledge and agree that the activities of The Event involve the risk of serious injury and/or death and/or property damage.
7. I freely and voluntarily agree to assume the full risk of death, bodily injury, or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my participation in The Event, whether or not caused by the active or passive negligence of the C.C.O.
8. I represent and warrant to C.C.O. that I am in good physical condition, am able to safely participate in The Event and have no medical condition that would make my participation in The Event more hazardous or injury prone.
9. I understand, agree and accept that some of the obstacles may go through water that has not been treated for chemicals or contamination. Water may contain pollution, farm chemical runoff, bacteria, algae, protozoa, fecal pollutants and/or other harmful organisms.
10. If I am pregnant, disabled in any way, or have recently suffered an illness or injury. I should have or did consult a physician before participating in The Event and understand my limitations.
11. I understand that it is my responsibility to obtain any insurance needed to cover personal injury or death and any liability I might incur to other Event participants.
12. I consent to medical care and transportation in order to obtain treatment in the event of injury to me at C.C.O., volunteers, or medical professionals may deem appropriate and understand that the Waiver extends to any liability arising out of or in any way connected with such medical treatment or transportation.
13. I agree to observe and obey all posted rules and warning, to follow any instructions or directions given by C.C.O. through its employees, representatives or agents
14. I understand and agree that I am expected to exhibit appropriate behavior at all times while at The Event or on the Premises and to obey all local, state and federal civil and criminal laws. This includes, generally, respect for other people, equipment, facilities or property. C.C.O. may dismiss me, without refund, should my behavior endanger the safety of or negatively affect The Event, the Premises or any person, facility or property. I also agree to indemnify the C.C.O. from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
15. I agree not to consume alcohol, medicine, illegal drugs or any substance that would inhibit my mental or physical ability to safely participate in The Event.
16. I understand and agree that the C.C.O. are not responsible for any personal item or property that is lost, damaged or stolen at The Event or on the Premises.
17. I understand and agree that no pets, reptiles, animals etc? are permitted at The Event.
18. I consent to the use of my image in photographs, videos taken at The Event for use in Event advertising, marketing or promotion.
19. I assign to C.C.O. all rights, title, and interest in any photographs motion pictures, recordings or other records of The Event (Records) I may take or capture to C.C.O.. C.C.O. grants me to a limited, non-exclusive right and license to use the Records for non-commercial purposes only.
20. I understand and agree that I may not bring fireworks, any dangerous items, weapons, or any illegal items to The Event.
21. I understand and agree that all ticket purchases are final and non-refundable.
22. I understand and agree that C.C.O. reserves the right to cancel The Event in The Event of weather (including, but not limited to, accidents, tornados, earthquakes, fires, storms, lightning, floods, high temperatures, war, terrorism, riots or for any reason that will affect the safety and security of Event participants and attendees. In the event of such cancellation, there will be a partial refund of my ticket purchase.
23. I indemnify and hold harmless the C.C.O. from any loss, liability, damage, or cost they may incur while I am at The Event or on the Premises, whether or not caused by the active or passive negligence of the C.C.O.
24. I release, waive, discharge, and covenant not to sue the C.C.O from all liability to me, my personal representatives, assigns, heirs, and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor/ward's) participation in The Event or while on the premises, whether or not caused by the active or passive negligence of the C.C.O.
25. I understand and acknowledge that the laws of the State of Illinois shall apply to all matters relating to this Waiver regardless of The Event location, that the exclusive jurisdiction for any dispute with the C.C.O resides in state or federal court in Rock Island County, Illinois and I expressly consent to the exercise of personal jurisdiction in the State of Illinois in connection with any dispute with the C.C.O arising from my Event participation or attendance.
26. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the law of the State of Illinois, and that if any portion is held invalid, the balance shall continue in full legal force and effect.