ASSUMPTION OF THE RISK AND LIABILITY FOR GUESTS OF THE YMCA OF THE OZARKS TROUT LODGE
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself or your property or for your death, however, caused by your use of the facility, now or any time in the future.
ASSUMPTION OF RISK: You (each family member and guest) agree that if you engage in any physical activity, use any of the facilities, or enter the premises of the YMCA of the Ozarks, you do so at your own risk. I understand that the YMCA and its employees, agents, counselors, teachers, trainers, representatives, successors, and assigns assume no responsibility for loss, damage, illness, or injury to the person or property that I or my minor child(ren) or ward(s), if applicable may sustain as a result of my or their physical condition or resulting from my or their participation in any activities, programs, events, classes, the use or non-use of any equipment, exercise, horseback riding, archery, field trips, waterfront activities, canoeing/boating, campfires, hiking, paintball, adventure activities, or any other activities, classes events or programs at and/or sponsored by the YMCA as well as your use of or presence on the parking area or sidewalk. You agree that you are voluntarily participating in these activities. You assume, on behalf of yourself, minor child (ren) and ward(s), heirs, and executors, all risk and injury or the risk of contraction of any illness or medical condition that might result, or any damage, loss, or theft of any personal property.
PHOTOGRAPH & VIDEO RELEASE: For sufficient and adequate consideration, the receipt of which is hereby acknowledged, the applicant(s) hereby gives permission for the YMCA to use, without limitation, photographs, film footage, or tape recordings which may include the applicant(s) image or voice for purposes of promoting or interpreting YMCA programs.
SEX OFFENDER REGISTRY: The YMCA conducts regular sex offender screenings on all members, participants, and guests. If a sex offender match occurs, the YMCA reserves the right to cancel reservations, terminate membership and program participation and remove visitation access.
YMCA of the Ozarks has a restricted smoking policy. Smoking of any kind is not allowed in any buildings, including guest rooms, meeting rooms, public areas including beaches, or porches of any buildings. Smoking tobacco is ONLY permitted in the designated smoking area, which is just outside the main lobby (both sides) of Trout Lodge. YMCA of the Ozarks has a strict NO MARIJUANA POLICY that forbids the possession, use, and/or consumption of marijuana anywhere on our properties, in our facilities, or during participation in our programming. YMCA of the Ozarks has a restricted alcohol policy. Alcohol of any kind is NOT allowed in any open public areas, including lobbies, hallways, beaches, and other open spaces, unless a previously approved event. YMCA of the Ozarks does not allow personal firearms anywhere on its property other than by identified law enforcement officers.
The YMCA of the Ozarks reserves the right to dismiss or cause to be removed, any individual from the grounds, any person whose actions are not deemed to be in the organization’s best interests or violates these policies without any reimbursement or compensation and with or without warning.
ADVENTURE ACTIVITIES: I hereby acknowledge and agree that the sport of rock climbing and the use of Adventure Activities, Zipline, and other Team Building Activities (hereinafter referred to as Adventure Activities) have inherent risks. I have full knowledge of the nature of all the risks associated with rock climbing and the use of Adventure Activities, including but not limited to:
- All manner of injury resulting from falling off the Adventure Activities and hitting tock faces and projections whether permanently or temporarily in place or on the floor;
- Rope, abrasion, entanglement, and other injuries resulting from activities on or near the Adventure Activities such as but not limited to, climbing, belaying rappelling, lowering on a rope, rescue system, and any other rope techniques;
- Injuries resulting from falling climbers or dropped items, such as but not limited to, ropes or climbing hardware;
- Cuts and abrasions resulting from skin contact with Adventure Activities;
- Failure of ropes, slings, harnesses, climbing hardware, anchor points, or any part of the Adventure Activities structure.
RANCH/EQUINE ACTIVITIES: I recognize and acknowledge that my participation in such activities and any other activities which may include equine activities involves the possibility of inherent risks including, but not limited to:
- The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;
- The unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;
- Hazards, including, but not limited to, surface or subsurface conditions;
- A collision with another equine, another animal, or an object;
- The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failure to act within the ability of the participant.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the Adventure or Equine Activities and that the above list in no way limits the extent or reach of this release and covenant not to sue.
WAIVER AND RELEASE OF LIABILITY: In return for use of the facilities of or entry on the premises of the branch, you agree on behalf of yourself (and each family member and guest) to not sue and to release from any and all liability the Gateway Region YMCA (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Gateway Region YMCA. The waiver of release and liability includes, but is not limited to, injuries that may occur as a result of (a) Your use of any equipment or facilities, which may malfunction or break; (b) Our improper maintenance of any equipment or facilities which may malfunction or break; (b) Our improper maintenance of any equipment or facilities, which may malfunction or break; (c) Our NEGLIGENT Instruction or supervision; (d) Your slipping and falling while in the branch or on the premises including parking areas and sidewalks.
INDEMNIFICATION AND HOLD HARMLESS: You further agree that you WILL INDEMNIFY AND HOLD HARMLESS THE GATEWAY REGION YMCA THEIR OFFICERS, AGENTS, AND EMPLOYEES, from any loss, liability, damages, or cost of any kind that THE YMCA may incur as a result of any injury to yourself or any member of your family even if it is contended that any such injury was caused by NEGLIGENCE OF THE PART OF THE GATEWAY REGION YMCA.