Online Waiver

Please note that you must be at least 18 years old in order to sign a liability waiver. If you are not 18 years old, please ask your parent or legal guardian to complete this process.

If the participant is a minor, please fill out the section below.

I understand that all aspects of participation in zip lines, swings, fall decent devices, Haggland, ATV tours, or the like, including, but not limited to, preparation, ATV rides, traveling to and from activity sites (including take-off and landing areas), and use of the zip lines and/or ATV’s (hereinafter collectively the “ACTIVITY”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. I further understand that there are risks associated with strenuous physical exertion and with participating in the ACTIVITY and that falls, INJURIES AND/OR DEATH may result from engaging in the ACTIVITY. I agree and understand that such risks include, but are not limited to: changing weather conditions, uneven, varying or rugged terrain, contact with wild animals, poisonous reptiles and plants, use of equipment and ropes, equipment failure, improper use of equipment, slipping, falling, mistakes by other participants, and the condition of the above-named PARTICIPANT, dehydration, and fatigue. I understand that the description of activities and risks listed above are not complete and that this Release of Liability Agreement applies throughout the PARTICIPANT’S presence at the OtGMA property. All such activities and risks may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. BY signing this release, I acknowledge that I recognize that the property loss, serious injury and death are all possible while participating in the ACTIVITY. RECOGNIZING THE RISKS OF THE ACTIVITY, I EXPRESSLY ASSUME ALL RISKS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OF OTHERWISE. If I am not willing to accept the terms of this Release of Liability Agreement, then I should not sign this document and should decline the services and equipment offered.

In consideration for participation in the ACTIVITY by myself or the above-named PARTICIPANT, I hereby ASSUME ALL RISKS in any way associated with the ACTIVITY. I hereby RELEASE OtGMA and EBL, each of their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, shareholders, and their respective successors in interest, and all equipment manufacturers and distributers (hereinafter “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from participation in the ACTIVITY, including those claims based on any RELEASED PARTY’S alleged or actual NEGLIGENCE. I understand that this Release of Liability is binding on me and 911 PARTICIPANTS and this Release of Liability Agreement applies throughout my presence and the presence of the above-named PARTICIPANT at the OtGMA property and/or any property utilized by OtGMA, whether or not described herein. I understand that this Release of Liability Agreement is intended to prevent me and all PARTICIPANTS from suing RELEASED PARTIES for any reason and under all circumstances, including, but not limited to the alleged negligence of RELEASED PARTIES and all other persons. If I am not willing to accept this release, then I should not sign this document and should decline the services and equipment offered.

OTGMA recommends that the participant use a helmet while participating in the zip line ACTIVITY and safety glasses on the ATV ACTIVITY. I understand that a helmet or safety glasses ARE IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head or body, and that the ACTIVITY can expose the user to forces that exceed the limits of protection provided by the helmet. I also understand that the helmet cannot guard against injury to the neck, spine or any other part of my body, and that these limitations are INHERENT RISKS of the ACTIVITY. While OtGMA recommends that the PARTICIPANT wear safety gear, I understand that OtGMA is in no way responsible for injuries, sustained from wearing such gear. I agree on behalf of myself and the PARTICIPANT to act safely at all times, to comply with the rules and policies of RELEASED PARTY, and to obey all signs and all instructions given in connection with ACTIVITY or by staff. I accept AS IS all equipment provided for use by OtGMA.

I understand that I am responsible for determining PARTICIPANT’S medical, physical or other qualifications or suitability for participating in the ACTIVITY. I hereby represent that the PARTICIPANT is in good health and is freely able to participate in the ACTIVITY without known health concerns. I authorize any RELEASED PARTIES and/or their authorized personnel to administer first aid to the PARTICIPANT, as they deem necessary, to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to medical facility or hospital if, in the option of such personnel, medical attention is needed.

I understand that OtGMA or its agents is no way liable for injuries or damages that I may sustain should OTGMA need to render such care. Further THE UNDERSIGNED agree(s) to pay all costs associated with such medical care and related transportation provided for the PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTIES for all medical costs and/or expenses incurred therein, or any claims originating therefrom.

I understand that as part of the tour all PARTICIPANTS will be walking, transported in Haggland, or riding in ATV’s like units. I represent that the PARTICIPANT has sufficient ability and physical dexterity to walk, load, unload and ride. Each PARTICIPANT shall exercise care in loading, riding and unloading from the transport vehicles. The PARTICIPANTS shall get on and off the vehicles only at designated areas. No PARTICIPANT shall load a transport vehicle without first understanding proper riding procedures. No PARTICIPANT shall stand up on, bounce, reach from, or otherwise misuse the transport vehicles.

In consideration for allowing PARTICIPANT to participate in the ACTIVITY, I AGREE that ANY AND ALL claims for injury and/or death arising from the PARTICIPANT’S participation in the ACTIVITY shall be GOVERNED BY TENNESSEE LAW. I further agree that prior to filing any claim, I shall attempt a mediation to settle such claim with a mediator of OTGMA’s choice. Otherwise, EXCLUSIVE JURISDICTION of my claim shall be in the Circuit Court for Carter County, Tennessee. Should OtGMA or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify, and hold them harmless for all such fees and costs.

I also agree not to take measurements, distances, or other calculations for the purpose of competition with OTGMA or its vendor EBL, for reverse engineering a zip line tour or other adventure elements. I agree that any and all photographs, videos, motion pictures, movies, or television coverage of PARTICIPANTS, taken or made of my person or likeness, at any time during, by, or in connection with the ACTIVITY, or any reproduction, likeness, or resemblance of the same, in any and every form, style, size, or color, as well as my name, may in any manner be used, published, displayed, dealt in, and copyrighted by RELEASED PARTIES and/or their successors and assigns, or by any other person or business entity authorized by RELEASED PARTIES, without any restriction or limitation whatsoever, for the marketing and promotion of future events and RELEASED PARTIES. (Means we can use pictures or videos of you for marketing purposes)

I represent that I am at least 18 years of age and otherwise competent to sign the Release of Liability Agreement. This Release of Liability Agreement shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be enforceable as a contract between the parties. This release shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.