LONGEST COASTER IN TENNESSEE

Thank you for purchasing a ticket to ride on the mountain coaster (the “Ride”) operated by Out In The Woods, LLC, d/b/a Rocky Top Mountain Coaster (together with its employees, owners, agents, representatives, successors, and assigns, “Releasees”). By redeeming your ticket to ride the Ride, you indicate your desire to participate (and, if applicable, your desire for your minor children to participate) in the Ride and you agree to the terms and conditions of this Release, Assumption of Risk and Indemnity Agreement (this “Release”).  If you do not agree to the terms of this Release, you may return to the ticket office and return your unused ticket for a full refund.  References herein to “You” or “Your” include yourself and, if applicable, your minor children.  

In consideration of the grant of permission by Releasees for You to participate on the Ride, You, on Your own behalf and on behalf of Your representatives, heirs, next of kin, successors, and assigns, do hereby:

1. AGREE TO comply with all rules, regulations, and instructions of Releasees.

2. AGREE THAT the Ride is patron-directed and that Releasees are not responsible for misuse of the Activities by You or any other person.

3. CONSENT TO Releasees’ use in its advertising or other publication of any photographs, films, or other images of You engaging in the Ride, without compensation to You.

4. RELEASE, ACQUIT, AND DISCHARGE Releasees from any and all damages, rights, claims, demands, actions, liabilities and causes of action whatsoever, whether accrued or unaccrued, arising out of strict liability or the ordinary negligence of Releasees, or any other person, and which in any manner relates to participation in the Ride by You.  This Release does not apply to damages caused by the gross negligence or willful misconduct of Releasees.

5. UNDERSTAND, ACKNOWLEDGE, AND AGREE that Your voluntary participation in the Ride contains inherent danger and risk of injury or death to You, which risk and danger You fully understand, appreciate, and voluntarily assume.  You further understand that other persons engaged in the Ride may also pose a danger to You.  Nevertheless, You voluntarily elect to assume and accept all risks connected with Your participation in the Activities.

6. AGREE TO INDEMNIFY, DEFEND, AND HOLD RELEASEES HARMLESS from and against any claims, judgments, losses, liabilities, damages, or costs (including reasonable attorneys’ fees) and expenses arising out of Your participation in the Ride, whether caused by the ordinary negligence of Releasees or otherwise; provided that Your indemnification obligation shall not extend to any claims arising out of the gross negligence or willful misconduct of Releasees.

7. AGREE THAT if any part of this Release is held unenforceable, such part shall be stricken and the remainder of this Release shall continue in full force and effect.  This Release shall be construed in accordance with Tennessee law, without regard to its conflict of laws principles.  

BY PARTICIPATING IN THE RIDE OR PERMITTING YOUR MINOR CHILDREN TO PARTICIPATE IN THE RIDE, YOU REPRESENT AND WARRANT THAT YOU HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL CLAIMS AGAINST RELEASEES, THAT YOU ARE FULLY CAPABLE OF PARTICIPATING IN THE RIDE, AND THAT YOU APPRECIATE AND ASSUME ALL RISKS IN CONNECTION WITH YOUR PARTICIPATION IN THE RIDE.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST RETURN YOUR TICKET TO THE TICKET OFFICE PRIOR TO PARTICIPATING IN THE RIDE, IN WHICH EVENT YOU WILL RECEIVE A REFUND OF YOUR TICKET PRICE.