By obtaining and/or purchase of a ticket, OR receipt of complementary pass, to the “experience” I hereby agree to the terms and conditions of this disclaimer.
I agree and have voluntarily chosen to visit the experience, the highest look-out / observation deck, level 54, of the outlet - The View At The Palm LLC, but not limited to, the use of the equipment, facilities and the premises (the “Experience”).
In consideration for being permitted to visit the Experience, I agree to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH which might be associated with or result from attending the experience.
I am assuming on behalf of myself and/or my child/ward, all risk of personal injury, disability or death that may result from our participation, or any damage to, loss of, or theft of personal property, which I and/or my child/ward may incur.
I understand and agree that the experience is exposed to natural elements (inclusive of but not limited to, access stairwell physical excursion / exhaustion, extreme heights, sun exposure, high temperature, strong winds, high humidity, rainfall or precipitation) that may be hazardous to my wellbeing.
I understand and agree that the experience involves the travel up and down an outdoor stairwell that is exposed to natural elements. Participants are advised to use the handrail at all times when using the stairs. It is understood that there is no wheel chair access; not advised for people with walking aids - crutches or walking cane; not advised for people wearing high-heel / stiletto / high arch shoes.
I understand that my visit to the experience involves many risks, including but not limited to, passing with other participants and spectators, the acts of other participants, and all risks associated with participation.
I acknowledge and state that, to the best of my knowledge, neither me nor my child/ward have any known medical, physical, mental or other known disabilities or conditions that might compromise the ability to participate safely. It is strongly advised / recommended for any participant with the following medical conditions not to participate (inclusive of but not limited to, heart problems, seizure disorders, balance problems - vertigo, fear of heights, suicide, depression) For my own safety and protection, I have disclosed to The View At The Palm LLC staff any and all known pre-existing conditions, whether medical, physical, mental, emotional or otherwise, that might possibly compromise my ability to participate safely, and agree to abide by The View At The Palm LLC decision to prohibit access if, in its judgment, that decision would best ensure safety.
I understand and agree that all health concerns should be immediately brought to the attention of the The View At The Palm LLC staff.
I understand and agree to observe and follow rules as set forth below:
a) All participants must acknowledge the terms and conditions
b) No horseplay is allowed in or around equipment
c) Absolutely no tampering with or compromising equipment and/or safety devices.
In consideration for being permitted to The View At The Palm LLC, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE The View At The Palm LLC, or any of its parent companies, subsidiaries, owners, employees, officers, directors, agents, for injury or death resulting from my use of the experience, regardless of the cause, including the alleged NEGLIGENCE of The View At The Palm LLC or any of their employees and officers.
I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS The View At The Palm LLC, its parent companies, subsidiaries, owners, employees, officers, directors and agents for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my use of the Zipline, the Free Fall or the Climbing Net. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER.
I understand that this RELEASE OF LIABILITY will prevent me, my child, or my heirs from filing suit or making any claim for damages in the event of injury or death from my attendance of the experience. Additionally, in the event I file or my child or any legal representative files a claim or a lawsuit arising out of my attendance of the experience, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS The View At The Palm LLC for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit.
I hereby authorize the use and reproduction of my image and/or likeness by The View At The Palm LLC and its authorized representatives, without compensation or restriction. Photographers understand that images taken may be used by The View At The Palm LLC at any time, regardless of date used.
I have had sufficient opportunity to read this entire disclaimer, and sufficient time to ask The View At The Palm LLC staff any questions I may have had.
I have read and understand the disclosure and agree to be bound by its terms.
I agree that this disclosure is binding upon me, my children, my heirs, my assigns and legal representatives