ZIP LINE LIABILITY WAIVER AND RELEASE AGREEMENT
Property Address: 16 Scott Street, Holbrook, MA 02343
Company Name: StayHere/Vidhulu Group Inc
Company Address: 1305 Marines Dr, Little Elm, TX 75009
Guest Name: __________________________________
Date of Use: __________________________________
IMPORTANT – READ CAREFULLY BEFORE SIGNING
This waiver affects your legal rights. By signing below, you acknowledge and voluntarily accept the risks associated with using the zip line located at the property above and agree to the terms set forth by StayHere, a Texas-based company.
This waiver affects your legal rights. By signing below, you acknowledge and voluntarily accept the risks associated with using the zip line located at the property above and agree to the terms set forth by StayHere, a Texas-based company.
1. Assumption of Risk
I acknowledge that the use of a zip line involves inherent risks, including but not limited to: falls, collisions, equipment failure, uneven terrain, inclement weather, and other unforeseen hazards that may result in serious injury, paralysis, or death. I voluntarily assume all such risks.
2. Release of Liability
In consideration of being permitted to use the zip line, I hereby release, waive, and discharge StayHere, its owners, agents, employees, contractors, insurers, and affiliates ("Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained while using the zip line, whether caused by the negligence of the Released Parties or otherwise.
3. Massachusetts Legal Notice
As the property is located in Massachusetts:
- This waiver does not release liability for gross negligence, willful misconduct, or violations of law.
- Under Massachusetts General Laws Chapter 21, Section 17C, landowners are generally not liable for injuries sustained during recreational use of their land, unless a fee is charged specifically for zip line usage or gross negligence is involved.
- Courts in MA will interpret waivers strictly; this waiver is intended to be clear, conspicuous, and voluntary.
4. Texas Legal Context (Home State of StayHere)
As StayHere is headquartered in Texas:
- This waiver is intended to satisfy Texas' express negligence doctrine, clearly stating that I am releasing claims for injuries including those resulting from the negligence of StayHere.
- This waiver is conspicuous and bolded as required by Texas law for enforceability.
5. Indemnification
I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, suits, losses, liabilities, and expenses (including attorneys' fees) arising from or relating to my use of the zip line or violation of any terms in this agreement.
6. Health and Participation Statement
I affirm that I am in good physical condition, am not under the influence of alcohol or drugs, and have no medical conditions that would limit my ability to safely use the zip line. I take full responsibility for determining my fitness to participate.
7. Rules and Safety Agreement
I agree to:
- Use the zip line at my own risk
- Follow all posted and verbal safety instructions
- Refrain from misuse, reckless behavior, or tampering with equipment
- Acknowledge that no staff or supervision is provided on-site
8. Governing Law and Jurisdiction
This agreement shall be governed by the laws of the Commonwealth of Massachusetts for incidents occurring at the property, but may be interpreted in accordance with Texas law where applicable (e.g., indemnification provisions and company structure). Any legal proceedings shall take place in Norfolk County, MA, or as otherwise determined by court jurisdiction.
9. Severability
If any part of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. NO FEES COLLECTED OR IMPLIED
No separate fee is collected or implied for the use of the zip line. The zip line is provided as a complimentary recreational amenity. This supports protections under applicable recreational use statutes.
ACKNOWLEDGEMENT AND SIGNATURE
I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE.
I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE.
Guest Signature: ____________________________
Printed Name: ______________________________
Date: ______________________________________
Made with Bullet