Participant Waiver, Release, Assumption of Risk, and Indemnification Agreement

I have voluntarily elected to use, and/or allow the participant(s) identified in this purchase (“Participant(s)”) to use, the facilities and participate in the attractions at SkyPark at Santa’s Village, located at 28950 CA-18, Skyforest, CA 92385 (“SkyPark at Santa’s Village”). In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by SkyPark at Santa’s Village, its employees, or agents (“SkyPark at Santa’s Village Attractions”), I represent, acknowledge and agree as follows on behalf of myself and any Participant(s) for whom I am legally authorized to bind:

General Release

I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to Sky Park at Santa’s Village, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf.

Release of Potential Injuries for Attractions

I acknowledge that the Attractions at SkyPark at Santa’s Village will include mountain biking, rock wall climbing, pedal powered go-carts, hiking, zip lines, playgrounds, monorail, ice and roller rink, and fly fishing on ponds that freeze up with the potential to fall through the ice. I agree that the use of these attractions, or observation of others using these attractions have inherent and obvious dangers. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Participant(s), and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activities and cannot just be removed without substantially changing the activity. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use these SkyPark at Santa’s Village Attractions in a safe and responsible manner.

Release of Potential Infection of Disease and Viruses

I acknowledge that SkyPark at Santa’s Village is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while SkyPark at Santa’s Village practices appropriate and reasonable cleaning practices, I and/or the Participant(s) could still potentially get infected with a disease or virus, including, but not limited to COVID 19, through participation in, or observation of others participating in, the SkyPark at Santa’s Village Attractions. I fully release SkyPark at Santa’s Village, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf from any claim against them regarding the contraction of a disease or virus for myself or the Participant(s).

Voluntary Assumption of Risk

I acknowledge and agree that I and the Participant(s) are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of the SkyPark at Santa’s Village employees could cause me or the Participant(s) significant bodily injury (as described within), and that SkyPark at Santa’s Village is not responsible for the actions or activities of customers using the SkyPark at Santa’s Village Attractions or the negligence of its employees in supervising them, including actions, activities, or omissions that result in such harm. I specifically acknowledge and assume the risk that participants may:

  1. Die or become paralyzed, partially or fully, through their use of the SkyPark at Santa’s Village facility and participation in SkyPark at Santa’s Village Attractions;
  2. Suffer cuts, scrapes, bumps, bruises, or sprain, pull break or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body part as a result of the falling of any SkyPark at Santa’s Village Attraction, or making contact with other participants;
  3. Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration and other exertion-related medical events through use of the SkyPark at Santa’s Village Facility or Attractions;
  4. Suffer from serious injuries due to unpredictable body movements and anticipated or unanticipated bodily contact caused by SkyPark at Santa’s Village Attractions;
  5. Suffer from similar physical injury from observing, standing, sitting, or taking photographs at or near any of the SkyPark at Santa’s Village Attractions, even if the observer is not participating.

Agreement to Pay My Own Medical Expenses

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Participant(s) possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that I or the Participant(s) might sustain as a result of using the SkyPark at Santa’s Village Attractions. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the Participant(s) sustain while using the SkyPark at Santa’s Village Attractions, such assistance shall be at my own expense.

Arbitration

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE PARTICIPANT(S)’ ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN THE STATE OF CALIFORNIA BEFORE ONE ARBITRATOR. JUDGEMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

The Arbitration shall be in accordance with the JAMS Rules of Arbitration, which can be found online at jamsadr.com. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Participant(s) for whom I am legally authorized to bind, to maintain a lawsuit against SkyPark at Santa’s Village, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Participant(s), and SkyPark at Santa’s Village does NOT have the right to have claim(s) determined by a jury.

Time Limit to Bring Claim(s)

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE PARTICIPANT(S)’ ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury).

Photo/Video/Social Media Waiver

In connection with my and the Participant(s)’ use of the SkyPark at Santa’s Village Facility and Attractions, I consent to the recording of the Participant(s)’ and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). I hereby consent to and authorize SkyPark at Santa’s Village and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Participant(s)’ name(s) and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any SkyPark at Santa’s Village Facility. I further agree that the foregoing includes the consent to use the Participant(s)’ and/or my physical likeness in any form. In addition, I waive any and all claims that I or the Participant(s) may have in connection with the Recordings.

Purchaser Authority and Consent

I represent that I am purchasing admission for myself and/or other Participant(s). I have read and understand the terms of this Agreement and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers, and releases on behalf of myself and any Participant(s) for whom I am legally authorized to bind. I understand that by agreeing to this Agreement, I am giving up important legal rights on behalf of myself and such Participant(s), regarding potential rights and claims against SkyPark at Santa’s Village. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Indemnification

AS THE INDIVIDUAL AGREEING TO THIS AGREEMENT, I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS SKYPARK AT SANTA’S VILLAGE, ITS AGENTS, OWNERS, OFFICERS, MANAGERS, SHAREHOLDERS, AFFILIATES, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, ASSIGNS, AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON ITS RESPECTIVE OR COLLECTIVE BEHALF, FOR ANY AND ALL CLAIMS CONNECTED WITH, ARISING OUT OF, OR RESULTING FROM MY OR THE PARTICIPANT(S)’ USE OF THE SKYPARK AT SANTA’S VILLAGE OR ATTRACTIONS.

BY AGREEING TO THIS DOCUMENT, I REPRESENT THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY OR THE PARTICIPANT(S)’ LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCUR WHILE ON THE PREMISES OF SKYPARK AT SANTA’S VILLAGE. I FURTHER UNDERSTAND AND AGREE TO INDEMNIFY ITS OWNERS, TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY LIABILITY FOR ANY INJURY, DAMAGE, OR LOSSES OF ANY KIND CAUSED BY MY OR THE PARTICIPANT(S)’ NEGLIGENT OR INTENTIONAL ACTS WHILE ON THE PREMISES OF SKYPARK AT SANTA’S VILLAGE.

THIS AGREEMENT IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE, AND INDEMNIFICATION OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.

Final Representations

  • I represent that I am 18 years of age or older.
  • I represent that I have had ample time to read this Agreement and that I have entered into this agreement voluntarily, freely, under no threat of duress, without inducement, promise, or guarantee being communicated to me.