ArborTrek Canopy Adventures Visitor Agreement  

(ASSUMPTION OF RISKS, RELEASE and WAIVER OF LIABILITY and INDEMNIFICATION) 

Please read this Visitor Agreement carefully as it has important legal consequences. It must be signed by all adult (18 years of age and older) visitors to ArborTrek Canopy Adventures (“Site”), operated by Applied Adventure – Arbortrek, LLC. (“Operator”) on the property of Smugglers’ Notch/Stowe, VT (“Property Owner”). “Visitor” includes any participant in the activities of the Site, trainee, group or individual chaperone, observer, and any other visitor at the Site. If a Visitor is a minor (under 18 years of age), his or her parent or legal guardian must sign, for himself or herself and on behalf of the minor (“Minor Visitor”). 

In consideration of being permitted to participate in any and all activities and services available at the Site including the use of the zipline course, challenge course, aerial adventure course, and any and all related  facilities and activities  on the Site (hereafter the “Activities”), I, an adult Visitor, for myself and on behalf of the Minor Visitor(s) identified below to the maximum extent allowed by law, hereby understand, acknowledge and agree that visitation of the Site and participation in such Activities is completely voluntary, and further understand, acknowledge and agree to the following:  

ACTIVITIES:  This Visitor Agreement applies to all aspects of a visit to the Site, including use of the Site and its features and structures, use of any equipment, facilities, services and participation in the zipline course, treetop adventure aerial course, climbing adventure, teambuilding, and any other Activities, such as events or services provided, sponsored, authorized or allowed on the Site. Visitors are only allowed to move about the unrestricted portions of the Site and in and around guest buildings, and to hike or climb only on designated trails, in compliance with all posted signage and instructions given by the Site staff and in safety materials. Visitors may be transported to Activities and elsewhere in vehicles operated by the Site staff.  Participants in the zipline course, treetop adventure aerial course, and climbing adventure, assisted by personal protective equipment (including harnesses, lanyards and pulleys) and using methods approved by the Site, will move across uneven and sometimes steep terrain, climb stairs or ladders or other structures to access high platforms, traverse from platform to platform by means of high ropes course elements, zip lines, suspension bridges, sky-bridges, rappels (controlled descent by rope), and other ropes course elements at heights of up to 100 feet. Participants on ziplines will be required to regulate their own individual speed through handbraking. 

ASSUMPTION OF RISKS: By executing this Visitor Agreement, I, as an adult Visitor, and to the full extent permitted by law, on behalf of the Minor Visitor(s) identified below, do voluntarily, knowingly and willingly choose to use the Site and participate in the Activities. I understand the Site and Activities can be dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to structural failure, equipment malfunctions, lack of supervision, lack of proper equipment or safety measures, lack of instruction, as well as negligence and/or omissions committed by me, the Minor Visitor(s), other Visitors, the Operator, the Property Owner, the Equipment Owner and their respective agents, members, owners, officers, directors, staff, volunteers, employees, independent contractors and all other persons or entities acting in any capacity on their behalf. I understand that the Activities are potentially dangerous and require a certain degree of physical condition, ability, maturity and skill and will occur in a remote wilderness location, where the terrain, weather, and nature will be an integral part of the Activities. Structures, trees, vehicles, equipment, and personal protective equipment, including cables, ropes, helmets, harnesses, lanyards, and devices, may fail, and could create a risk of serious injury or death. Other Visitors and Site staff may act negligently, including failure to adequately secure safety equipment or properly control their speed on the courses. Weather and other environmental hazards may increase the risk of illness, serious injury and death. Alcohol is served on Site which may also increase the risk of illness, serious injury and death. I, the Minor Visitor(s), or another Visitor may climb out of control or beyond personal limits increasing the risk of serious injury and death. Use of the Site and  participation in the Activities, moving about the Site and transportation to, from and upon the Site will expose Visitors to falls from significant heights; to the potential of structure, vehicle, equipment or tree failure; to the collision with other persons and fixed objects; to physical and mental/emotional injury, including but not limited to emotional upset, panic, psychological trauma; and to scrapes, bruises, stings, broken bones, strains/sprains, paralysis, neurological damage, shock, and, in extraordinary cases, death. In addition to physical injury, I am fully aware that the Activities involve risks and dangers of property damage, and financial injury and loss. Other risks may be encountered and injuries or death may occur despite efforts taken by the Site staff to prevent them. I understand that in the event of an incident, rescue and medical treatment may not be immediately available, and that medical care may be delayed for many hours due to inaccessibility.  

The risks described above, and others which may be unanticipated or are not precisely described above, are inherent in a visit to the Site and participation in the Activities and cannot be eliminated without changing the nature of the Activities and the value and appeal of the visit. I acknowledge and agree that I AM ULTIMATELY RESPONSIBLE for my own safety and the safety of any Minor Visitor(s) for whom I sign while on the Site and for determining whether I or any Minor Visitor(s) for whom I sign have the requisite physical condition, ability, maturity and skill to participate in the Activities. Despite ALL the risks involved in the Activities, I and/or the Minor Visitor(s) for whom I sign freely and voluntarily choose to be on the Site and to participate in the Activities and agree to assume ALL risks, inherent or otherwise, whether specifically described above or not, of mental/emotional injury, financial injury or loss, property damage or loss, physical injury, paralysis or death.    

WAIVER, RELEASE AND INDEMNIFICATION: I, an adult Visitor for myself and, to the maximum extent allowed by law, on behalf of any Minor Visitor(s) for whom I sign, and our heirs, assigns, personal representatives and estates, hereby release, waive, relinquish, and  discharge from any liability and agree not to sue the Operator, Property Owner or their respective members, owners, officers, directors, staff, volunteers, employees, agents, attorneys and independent contractors (“Released Parties”), from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgements and liabilities, of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, foreseen or unforeseen, and whether or not concealed or hidden, including without limitation any claim for negligence, product liability or breach of express or implied warranty arising from property damage, personal or bodily injury, mental or emotional injury, illness or death, to the maximum extent allowed by law, related to or arising directly or indirectly from or in any way related to my and/or any Minor Visitor(s)’ for whom I sign  visit to the Site, including but not limited to transportation, use of the Site, facilities and equipment, services, instruction, guidance and participation in Activities.  

  EMERGENCY CONTACT: 

  NAME: _________________________________ PHONE: ____________________ EMAIL: ___________________________ 

By my signature, I certify on behalf of myself and the Minor Visitor(s) identified below: that I and/or we are medically able to participate in the Activities; I and/or we are in good health and have no physical or mental limitations or problems that would prevent myself or the Minor Visitor(s) from safely participating in the Activities. I agree that my electronic signature shall have the same legal validity and enforceability as a handwritten signature. By electronically signing this Visitor Agreement (checking the box below and then by clicking “Accept Waiver”) or by a handwritten signature, I certify that I am 18 years or older, that I am the parent or legal guardian for the minors identified below and that I have read, understood and voluntarily agree to this Visitor Agreement, the Assumption of Risks, and the Waiver, Release and Indemnification.