BINDER PARK ZOO (Binder Park Zoological Society, Inc.)

PARTICIPANT WAIVER & RELEASE
This is a contract. Carefully read this Participant Waiver & Release (hereinafter referred to as the “WAIVER & RELEASE”) before signing. In signing this Waiver & Release, you expressly waive and release Binder Park Zoological Society, Inc. (hereinafter “BINDER PARK ZOO”), its related and affiliated entities, officers, directors, employees, volunteers, agents, successors, and assigns (hereinafter the “RELEASED PARTIES”) from any and all damages arising from personal injury, death, damage to property, loss of property or other harm, whether foreseen or unforeseen, present or future, known or unknown, that the you, an adult participant or the parent/legal guardian of a minor participant (hereinafter the “MINOR PARTICIPANT”), may sustain as a result of participation in a program, activity and/or event at Binder Park Zoo.

WARNING OF RISK

Binder Park Zoo is committed to conducting its programs, activities and events in a safe manner and holds the safety of all participants in high regard. The goal of Binder Park Zoo is to reduce the risk to its participants and to insist that all participants follow the safety rules and instructions designed to protect the safety of each participant. All participants must abide by any safety instructions and/or program policies dictated by Binder Park Zoo and its staff before and during any educational program, activity and/or event at Binder Park Zoo.

You, an adult participant or the parent/legal guardian of a Minor Participant, hereby acknowledge there are inherent risks of injury (including death) when participating in programs, activities and/or events at Binder Park Zoo including, but not limited to, head injuries, neck injuries, back/spinal injuries, wrist fractures, ankle fractures, sprains, and other serious injury. You herein acknowledge and agree that you are solely responsible for determining if you, an adult participant or the parent/legal guardian of a Minor Participant, are physically fit and adequately skilled for participation in a program, activity and/or event at Binder Park Zoo. You further acknowledge that Binder Park Zoo is not responsible for belongings that are lost, stolen or damaged during your visit, program, activity and/or event participation at Binder Park Zoo.

Individuals who have a history of these problems, as well as those individuals who may be pregnant, disabled and/or suffering from illness, injury or impairment, should seek the advice of their physician BEFORE engaging in activities at Binder Park Zoo that may aggravate any medical conditions and/or problems.

EDUCATION PROGRAMS, ACTIVITIES & EVENTS

Many of Binder Park Zoo’s educational programs include live animals. Binder Park Zoo cannot guarantee any specific animals for programs, activities and experiences. Due to the unpredictable nature of working with animals and children, program/activity curricula are flexible and subject to change without notice.

Activities including animals must take place indoors and the space must have doors and windows that can be closed. Food is not permitted a room where animals are present. Outdoor programs/events containing animals must be approved by a Binder Park Zoo Education staff member prior to the program/event. Binder Park Zoo and its staff reserve the right to end a program, activity and/or event if conditions are not safe for animals or participants.

Any parent/legal guardian or chaperone present at a program, activity and/or event is responsible for the supervision and discipline of their group. Binder Park Zoo reserves the right to end a program, activity and/or event before the scheduled time and/or remove individual participants in the event their actions are negatively affecting the quality of the program, activity and/or event, or putting other guests/participants at risk.

Safari Day Camp parents/legal guardians will be informed of misbehaviors if they occur. If the behavior does not improve, Binder Park Zoo may expel the Minor Participant from participation in the Safari Day Camp program.

PHOTO RELEASE

You, an adult participant or the parent/legal guardian of a Minor Participant, do hereby, on my own behalf or on behalf of the Minor Participant, grant Binder Park Zoo, its related and affiliated entities, officers, directors, employees, volunteers, agents, successor and assigns the irrevocable right and permission to photograph or otherwise record me or the Minor Participant in connection with any program, activity and/or event at Binder Park Zoo and to use the photograph or recording for any and all purposes, including advertising and promotional purposes, in any manner in any and all media now and hereafter known, in perpetuity throughout the world, without restriction as to alteration.

You further waive any right to inspect or approve the use of the photograph or other recording, and acknowledge and agree that the rights grants by this Waiver & Release are without compensation of any kind. You acknowledge and agree that you have no right, title or interest in any photograph or other recording and agree that such photographs or other recording, and the copyright therein, are the exclusive property of Binder Park Zoo. You hereby release and discharge Binder Park Zoo from any and all claims and demands arising out of or in connection with the use of any photograph or other recording, including any and all claims for invasion of privacy or right of publicity.

ASSUMPTION OF RISK, INDEMNIFICATION, AND WAIVER & RELEASE

You, an adult participant or the parent/legal guardian of a Minor Participant, for good and valuable consideration, including Binder Park Zoo’s agreement to permit the undersigned to participate in certain programs, activities and/or events at Binder Park Zoo, do hereby agree to the following terms and conditions:

1. You accept and agree that this Waiver & Release shall be binding on you and/or the Minor Participant, and the heirs, representatives, executors, next of kin, beneficiaries, administrators, successors and assigns of yourself and/or the Minor Participant.
Photo Release
Assumption of Risk, Indemnification, and Waiver & Release

2. You, on behalf of yourself or on behalf of the Minor Participant, agree that Binder Park Zoo and the Released Parties shall not liable for any damages arising from personal injuries (including death), damage to or loss of property, or other harm, whether foreseen or unforeseen, present or future, known or unknown, that you or the Minor Participant may sustain in any way which directly or indirectly results from or arises out of your participation or the Minor Participant’s participation in a program, activity and/or event at Binder Park Zoo.

3. You, on behalf of yourself or on behalf of the Minor Participant, understand that this Waiver & Release includes any claims based in whole or in part on the negligence, action, or inaction of Binder Park Zoo and/or any of the Released Parties, and you do hereby release, waive, fully discharge and agree to release, waive and forever discharge Binder Park Zoo and the Released Parties any and all liability for any and all claims resulting directly or indirectly from your participation or the Minor Participant’s participation and/or attendance in a program, activity and/or event at Binder Park Zoo even if caused in whole or in part by the present or future negligence, fault, breach of contract, or other act, conduct, or status of any of the released parties. You, on behalf of yourself or on behalf of the Minor Participant, further understand that this release includes any and all claims based in whole or in part on the negligence, action, or inaction of any of the Released Parties.

4. As a condition of your participation, or the Minor Participant’s participation, in a program, activity and/or event at Binder Park Zoo, you agree that you and/or the Minor Participant will abide by the safety rules and other instructions provided in writing and/or verbally to you and/or the Minor Participant by Binder Park Zoo or its staff. You further acknowledge and agree that if you and/or the Minor Participant fail to follow the rules or instructions, you and/or the Minor Participant will be removed from the program, activity or event at Binder Park Zoo.

5. You, on behalf of yourself or the Minor Participant, further agree that you shall be responsible for the Minor Participant obeying any and all safety rules for a program, activity or event at Binder Park Zoo.

6. You, on behalf of yourself or the Minor Participant, acknowledge that you and/or the Minor Participant are in good physical and mental health and that you and/or the Minor Participant have no reason to believe there is any health condition which would increase the risk of injury to yourself or the Minor Participant.

7. You, on behalf of yourself or the Minor Participant, shall indemnify, defend, and hold harmless the released parties from and against any and all claims, whether foreseen or unforeseen, present or future, known or unknown, that you or the Minor Participant, or their heirs, executors, administrators, assigns, or anyone acting on behalf of any of them may have or assert, even if caused in whole or in part by the negligence, fault, strict product liability, breach of contract, or other act, conduct, or status of Binder Park Zoo or any of the Released Parties.

8. You, on behalf of yourself or the Minor Participant, acknowledge that in the event of an emergency, Binder Park Zoo and/or its staff will secure emergency medical treatment for participants. You, on behalf of your or the Minor Participant, hereby authorize Binder Park Zoo to provide routine, non-surgical medical and/or psychological care in the program, activity and/or event area.

9. As the person registering for an educational program, you are the contact for the Minor Participant. As the contact person, you agree it is your responsibility to pass along pertinent information to other program participants, parents/legal guardians of participants, or other interested parties.

10. This Waiver & Release is intended to be as broad and inclusive as permitted by law, and if any portion thereof is held invalid, the balance shall continue in full legal force and effect.

11. This Waiver & Release is not intended to release the Released Parties from any conditions or activities that, as a matter of law, cannot be avoided, waived or released and no provision of this Waiver & Release should be interpreted as such.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING WAIVER & RELEASE, THAT YOU ACCEPT THE TERMS AND CONDITION OF THIS WAIVER & RELEASE, AND THAT YOU SIGN THIS WAIVER & RELEASE VOLUNTARILY.