Primary Menu

RISING TREETOPS AT OAKHURST

    WAIVER AND RELEASE OF LIABILITY

    IN CONSIDERATION OF the risk of injury that exists while participating in a VOLUNTEER
    ACTIVITY at RISING TREETOPS AT OAKHURST (hereinafter the "Activity"); and
    IN CONSIDERATION OF my desire to participate in said Activity and being given the right to
    participate in same;

    I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives
    (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's
    parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into
    this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of
    action of any kind arising out of my participation in the Activity; and

    I HEREBY release and forever discharge RISING TREETOPS AT OAKHURST, located at 111
    Monmouth Rd, Oakhurst, New Jersey 07755, their affiliates, managers, members, agents,
    attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns
    (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct
    result of my participation in the aforementioned Activity.

    I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
    PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS
    ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT
    LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
    DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
    ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR
    OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO
    TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S).
    NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY
    PARTICIPATION IN THIS ACTIVITY.

    I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all
    claims, suits or actions of any kind whatsoever for liability, damages, compensation or
    otherwise brought by me or anyone on my behalf, including attorney's fees and any related
    costs.

    I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or
    failures to act of any party or entity conducting a specific event or activity on behalf of
    Releasees. In the event that I should require medical care or treatment, I authorize Rising
    Treetops at Oakhurst to provide all emergency medical care deemed necessary, including but
    not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of
    medical information with medical personnel. I further agree to assume all costs involved and
    agree to be financially responsible for any costs incurred as a result of such treatment. I am
    aware and understand that I should carry my own health insurance.

    I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and
    mental limits and may carry with it the potential for death, serious injury, and property loss. I
    agree not to participate in the Activity unless I am medically able and properly trained, and I
    agree to abide by the decision of the Rising Treetops at Oakhurst official or agent, regarding my
    approval to participate in the Activity.

    I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND
    FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND
    DISCHARGE RISING TREETOPS AT OAKHURST AND ALL OF ITS AFFILIATES, MANAGERS,
    MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES,
    PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF
    ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE
    HAVE TO BRING A LEGAL ACTION AGAINST RISING TREETOPS AT OAKHURST FOR PERSONAL
    INJURY OR PROPERTY DAMAGE.

    To the extent that statute or case law does not prohibit releases for ordinary negligence, this
    release is also for such negligence on the part of Rising Treetops at Oakhurst, its agents, and
    employees.

    I agree that this Release shall be governed for all purposes by New Jersey law, without regard to
    any conflict of law principles. This Release supersedes any and all previous oral or written
    promises or other agreements.

    In the event that any damage to equipment or facilities occurs as a result of my or my family's
    or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable
    for any and all costs associated with any such actions of neglect or recklessness.

    THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF
    MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF
    PARTICIPATION.

    THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be
    interpreted as an agreement between two parties of equal bargaining strength. Both
    Volunteer, , and Rising Treetops at Oakhurst agree that this
    agreement is clear and unambiguous as to its terms, and that no other evidence shall be used
    or admitted to alter or explain the terms of this agreement, but that it will be interpreted based
    on the language in accordance with the purposes for which it is entered into.

    In the event that any provision contained within this Release of Liability shall be deemed to be
    severable or invalid, or if any term, condition, phrase or portion of this agreement shall be
    determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall
    remain in full force and effect. If a court should find that any provision of this agreement to be
    invalid or unenforceable, but that by limiting said provision it would become valid and
    enforceable, then said provision shall be deemed to be written, construed and enforced as so
    limited.

    In the event of an emergency, please contact the following person (s) in the order presented:





    GENERAL RELEASE

    I HEREBY grant permission, without reservation, to RISING TREETOPS AT OAKHURST, and those
    authorized by RISING TREETOPS AT OAKHURST, to take photographs and to make recordings of
    me and/or the minor child(ren) and/or the incapacitated person listed below, and to use them
    in original or modified form in all media now or hereafter known, with or without names or
    information about me and/or them, for the promotion, public education, and/or fundraising
    activities of Rising Treetops. I understand and agree that neither I, the minor child(ren) nor the
    incapacitated person is entitled to receive compensation for the above.

    I HOLD HARMLESS AND RELEASE AND FOREVER DISCHARGE RISING TREETOPS AT OAKHURST,
    its officers, directors, agents, employees, independent contractors, licensees, and assignees
    from all claims, demands, and causes of action that I, my child(ren), ward, heirs,
    representatives, executors, administrators, or other persons acting on my/my child(ren)’s/my
    ward’s behalf or on behalf of my/my child(ren)’s/my ward’s estate have now or in the future
    may have, relating to the foregoing grant of permission.

    I AGREE that Rising Treetops will be the sole owner of all tangible and intangible rights in the
    above-mentioned photographs and recordings, with full power of disposition.

    FURTHER, I attest that I (1) am 18 years of age or older, (2) am the parent or legal guardian of
    the child(ren) and/or incapacitated person(s) below and (3) that I have full authority to consent
    to the foregoing on behalf of myself and such minor(s) or incapacitated person.

    I CERTIFY THAT I HAVE READ THE WAIVER AND RELEASE OF LIABILITY AND THE GENERAL RELEASE, THAT I FULLY
    UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CAN ONLY BE MODIFIED IN WRITING,
    AND ONLY BY THE RISING TREETOPS AT OAKHURST CAMP DIRECTOR/DIRECTOR OF SERVICES &
    OPERATIONS, DIRECTOR OF BUSINESS OPERATIONS, OR EXECUTIVE DIRECTOR. I AM AWARE
    THAT THIS IS A RELEASE THAT I AM SIGNING OF MY OWN FREE WILL.


    VOLUNTEER’S SIGNATURE (IF 18 YEARS OF AGE OR OLDER)

    Signature: (Please Print Your Name):

    Date:

    PARENT/LEGAL GUARDIAN ON BEHALF OF MINOR(S) OR INCAPACITATED PERSON(S)’S SIGNATURE


    Skip to content