In consideration of Trails, Inc. allowing me to participate in the above named activity, which shall be defined as an activity designated to simulate a dangerous and uncomfortable situation, I, the undersigned, do hereby represent and warrant that:
(1) I ASSUME ANY AND ALL RISKS of participating in any activity conducted by Trails, Inc. and agree to fully and forever release, indemnify, and hold harmless Trails, Inc.
(2) I understand that this release includes, but is not limited to, any risk that may arise from the negligence, act, omission or carelessness on the part of Trails, Inc. from dangerous or defective equipment or property owned, maintained, or controlled by Trails, Inc.
(3) I understand that Trails, Inc. includes all of its employees, assigns, directors, members, volunteers, representatives, affiliates, insurers, subcontractors, and all other persons acting on behalf of Trails, Inc.
(4) I represent and warrant that I am sufficiently physically fit for participation in this activity and further certify that there are no health-related reasons or problems which preclude my participation in such an activity. Furthermore, I understand that my participation may cause or initiate physical stress or injury, up to and including disability or death, and I fully and forever release and agree to indemnify Trails, Inc. from any resulting physical stress or injury, up to and including disability or death, by assuming any and all risks of participation.
(5) I understand that Trails, Inc. conducts activities which I may find disturbing or inappropriate. I represent and warrant that I am of sufficient mental capability and have no pre-existing mental or psychiatric conditions, such as, but not limited to, anxiety, panic attacks, claustrophobia, or any other condition that may cause mental duress or damage of any character by my participation in this activity. Furthermore, I understand that my participation may cause or initiate mental or psychiatric conditions and I fully and forever release and agree to indemnify Trails, Inc. for any mental or psychiatric conditions, by assuming any and all risks of participation.
(6) I understand that my participation may result in damage or loss of my personal property and hereby, fully and forever, release and agree to indemnify Trails, Inc. for any damage to or loss of my personal property resulting from my participation.
(7) I fully and forever waive, release, and discharge Trails, Inc. any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever arising from my participation in any activities.
(8) I agree on behalf of myself, my heirs, executors, administrators, agents and assigns to fully and forever waive, release, discharge, hold harmless and to indemnify Trails, Inc. from any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever, which may be initiated by myself or any other person or organization, arising from any negligence, act, omission, or carelessness by Trails, Inc.
(9) I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Trails, Inc., producers, sponsors, organizers, and designees.
(10) I acknowledge that this Accident t Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
(11) If any provision of this agreement is deemed invalid or unenforceable, all other provisions shall continue in full force and effect.