THIS IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY. This Visitor Agreement must be signed by all adult (18 years older) Visitors to the premises of Iron Coyote Challenge Park (“the Park”). If the Visitor is a minor, this Visitor Agreement must be signed by a parent or legal (court appointed) guardian (“Parent”) of the minor Visitor. Visitors under 14 years of age must be accompanied and supervised by an adult, unless a written waiver of this supervision requirement is granted by authorized personnel of the Park in writing and in advance of the minor Visitor’s admission to the Park. Any adult accompanying a minor Visitor must be readily available to the minor Visitor. The Park is owned and operated by MBD Bros, LLC, an Illinois limited liability company whose principal place of business is located at 4113 East Oakland Ave., Bloomington, McLean County, Illinois.
In consideration of the Visitor’s admission to the Park and participation in the activities offered at the Park, I, an adult Visitor or the Parent of a minor Visitor, acknowledge, consent and agree to the following:
For purposes of this Visitor Agreement, “Activities” of the Park shall include the following:
A ninja course, an aerial ropes course, roped (auto-belay) climbing walls (24 to 30 feet high), a bouldering structure (15 feet high), a zipline, and fitness training, including classes and competitions. “Activities” may also include activities of simply being on and moving about the Park, inside and out. The ninja and ropes courses are obstacle courses, including ropes, beams, ladders, nets, walls and other structures over and through which participants jump, swing and climb. The ropes course is suspended 12 to 15 feet over the ninja course; and allows a participant, belayed to a continuous cable, to conquer obstacles at heights, including aerial walkways and other elements. The zipline begins at a height of 12 feet and is approximately 60 feet long. The fitness area includes a variety of weights and machines. Visitors are not allowed in the fitness area unless attending a scheduled class or competition. Moderate strength and balance are required for all Activities. Participants engaged in Activities of the Park acknowledge and understand that Activities of the Park will not be supervised on any continuous basis by personnel of the Park. Independent contractors may conduct certain Activities at the Park. The Park is not responsible for the conduct of any independent contractor. Disputes with independent contractors must be resolved by participants directly with the independent contractor. Visitors who plan to participate in the ninja and ropes courses and or the zipline Activities must view an orientation video and understand the information in the video in advance of participation in those Activities. Visitors must comply with all posted rules, warnings and instructions from personnel of the Park at all times. Failure to adhere to any posted rules, warnings or instructions can lead to immediate expulsion from the Park. Visitors who appear to be impaired or under the influence of drugs and or alcohol will be denied entrance to the Park and or will be required to leave the Park immediately.
For purposes of this Visitor Agreement, “Risks” associated with Activities offered at the Park, and or inherent in moving about the Park, include, but are not limited to the following: a) falling, and or improperly jumping, from a ring, trapeze, wall or other structure; b) colliding with, hitting, and or being hit by, other persons, dropped items or structures); c) loose holds; d) the use and misuse of ropes, auto-belay devices, slings, harnesses, climbing hardware, or any part of a climbing or other structure; e) slips, trips, falls and other trauma while moving about and using the Park, including exercise and fitness equipment; f) the failure or malfunction of equipment and machines; and g) the carelessness of other Visitors, including participants in the Activities, and or personnel of the Park. Visitors must properly utilize all equipment and the Park. Visitors utilizing the auto-belay must exercise caution to ensure that the Visitor is properly secured and attached to the auto-belay mechanism before performing any Activities requiring climbing. Participants in certain Activities must wear harnesses for belay purposes. In those instances, inadvertent personal contact and or touching by personnel of the Park is inevitable in the securing and fitting of any required devices. The Visitor’s execution of this Visitor Agreement is deemed a grant of consent for personnel of the Park to secure and or fit any required devices for participants.
The Risks described herein, including those risks associated with and or occurring as a consequence of participation in any of the Activities are inherent to the Activities and are dangerous in their nature – that is, the Risks cannot be eliminated without destroying the basic nature of the Activities and reducing their appeal and value. These and other risks may result in, among other losses, falls, breaks, sprains and all other manner and or degree of injury of any kind or nature.
As a consequence of the nature of the Risks and their inherent dangers, all Visitors, by execution of this Visitor Agreement, accept and assume the Risks of the Activities and the Park, whether or not described herein, and inherent or not. If I am signing this Visitor Agreement as a Parent of a minor Visitor, I have discussed the Activities and Risks, including the content of the orientation video, and the Park rules, with the minor Visitor. I understand the Risks, have had an opportunity to view the orientation video and ask questions, and being fully informed as to the Risks and Activities of the Park, consent to and request that I, and or the minor Visitor be allowed to participate in the Activities of the Park.
Release and Indemnity: I, an adult Visitor, for myself, or, if a Parent, for myself and to the maximum extent allowed by law, on behalf of the minor Visitor, agree to release and discharge MBD Bros LLC and its owners, officers, directors, managers, members, employees, agents, (collectively “Released Parties"), from and against any and all damages, actions, claims and liabilities, known or unknown, anticipated or unanticipated, suffered by me, or the minor Visitor, relating to or arising from my visit or the minor Visitor’s visit to the Park and or participation in any Activities of the Park. I further agree to indemnify, hold harmless and defend MBD Bros LLC and each and any of the Released Parties from and against any loss, damage, liability and or expense, including costs and reasonable attorneys' fees incurred by Released Parties or any of them relating to or arising from my visit or participation or the minor Visitor’s visit or participation in the Activities of the Park or attendance and or entry to the Park, including losses suffered by me or the minor Visitor or caused by me or the minor Visitor or other visitors to the Park. These agreements of release and indemnity are intended to include all damages, actions, claims and liabilities of any kind or nature whatsoever, specifically including, but not limited to, those arising from or related to the negligence of any of the Released Parties, but not such a Party’s gross negligence or intentionally wrongful acts.
I acknowledge and agree that by execution of this Visitor Agreement, I grant consent on behalf of myself and or on behalf of the minor Visitor, for the Park to utilize, without compensation to me or the minor Visitor, any photograph or other image of me or the minor Visitor, and or our names, for use in its promotional or other materials.
I warrant and represent that I do not have any physical or psychological condition which might or could cause any increased risk to me or to others as a consequence of my participation in any Activity or admission to the Park. In the event that I am signing this Visitor Agreement on behalf of a minor Visitor, I warrant and represent that to the best of my knowledge the minor Visitor does not have any physical or psychological condition which might or could cause any increased risk to the minor Visitor or to others as a consequence of the minor Visitor’s participation in any Activity or admission to the Park. I hereby authorize and consent to receipt of any emergent and or reasonably necessary medical treatment which personnel of the Park deem necessary for me or the minor Visitor, and I agree to pay all costs incurred for such care and or services, including but not limited to transportation.
The laws of the State of Illinois (not including those laws which may apply the laws of another State) shall govern the rights and obligations of the parties to this Visitor Agreement and its interpretation, construction and enforceability; and I agree that any lawsuit brought against any Released Parties shall be brought and maintained solely in McLean County, Illinois.
This Visitor Agreement shall continue in effect with respect to this and future visits to the Park and participation in any Activities of the Park by me and or by the minor Visitor; provided, however, that modifications to this Visitor Agreement may be required from time to time in the sole discretion of personnel of the Park to grant future admission to the undersigned Visitor and or minor Visitor to the Park.
This Visitor Agreement is intended to be binding, to the fullest extent allowable under the law, on the Visitor signing below and for the minor Visitor, and any respective successors, heirs, executors, administrators, assigns and family members. If any part of this Visitor Agreement is deemed by a court of competent jurisdiction to be unenforceable the remainder of this Visitor Agreement shall nevertheless be given its full force and effect. The terms of this Visitor Agreement cannot be altered except by a written document signed by the parties.
I HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, CONSENT AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS FOR MYSELF AND THE MINOR VISITOR AND OR OTHERS.