Guest Policies for Dig’n Zone Theme Park, LLC
- Entry: Guests must enter the Park through designated ticketing entrances during operating hours only. Guests who enter the Park by any other means at any other times will be considered illegal trespassers.
- Age Accompaniment: Any children under the age of 13 must be accompanied by a Guest parent, legal guardian, or group leader. Guests must properly supervise all members of their own party, especially minors/children, for their safety and security.
- Security Checks: Any Guest items including persons, parcels, bags, clothing, etc., may be subject to security checks at any time. Dig’n Zone Theme Park reserves the right to handle Guest items, in Guest possession or abandoned, as deemed appropriate.
- Outside Food/Beverages: Guests may not bring outside food or beverages into the Park, except for one unopened bottle of water per person. Exceptions may be made on a case-by-case basis for food allergies or medical purposes and for baby food/formula in its original container, in a typical baby bottle, or in a formula container case. Guests must ensure to present these items to Park Crew for inspection and approval upon entry to the Park. Food and beverages are not permitted on any Attraction in the Park.
- Prohibited Items: Guests must not bring any weapons (including those with conceal and carry permits), ammunition, self-defense items, toys that look like weapons, alcoholic beverages, illicit drugs, flammable objects, fireworks, explosives, horns, whistles, noise-makers, balls, sports equipment, flying objects, skates, skateboards, scooters, shoes with wheels, coolers, folding/lounge chairs, lasers, grills, fuel, fire, banners, or flags into any Park area, including the parking lots. Guests must not bring or fly any drones or remote-controlled devices near, onto, or over the Park or parking lots at any time. Dig’n Zone Theme Park reserves the right to restrict, prohibit, or have removed any item it deems may be disruptive to its Park operations.
- Pets & Service Animals: Guests may not bring any pets into the Park. Guests may bring legally recognized service animals on a harness or leash with restrictions. Service animals (specialized dogs and miniature horses [with specific provisions/exclusions]) are trained to perform specific tasks or assist a person with a disability. Emotional support animals, or those who are for comfort or companionship, are not considered service animals and are prohibited from entering the Park. Service animals cannot participate in any Attraction ride and they cannot be placed in the care of anyone outside of the Guest’s group’s care. Guests with service animals are required to maintain control of the service animals. Dig’n Zone Crew members are not permitted to take oversight of a Guest’s approved service animal.
- Attire Expectations: Dig’n Zone Theme Park is a family-friendly environment, therefore the following attire guidelines/rules are in place for all Guests:
- Any garments, tattoos, or carried items that display obscene language, objectionable graphics, disparaging/offensive remarks of/to others, or nudity are not permitted to be worn or displayed in the Park.
- Shirts, pants, shorts, dresses, or skirts must be worn at all times. Any clothes that reveal partial or entire nudity are not permitted. Clothing that is torn to reveal excessive skin of a Guest is not permitted. Any clothing that drags on the ground is prohibited. Dig’n Zone Theme Park reserves the right to remove any Guest wearing attire that it considers inappropriate for any reason. For any special events, Guests will be notified of any exceptions.
- Masks, clothing, or face paint that obscures or hides the identity or face of a Guest are not permitted. For any special events, Guests will be notified of any exceptions.
- Cell phones or mobile devices are not permitted on any Attraction. Note that any devices that automatically dial 911 must be turned off before riding any Attraction.
- Footwear/shoes must be worn at all times in the Park as bare feet are prohibited. Dig’n Zone Theme Park reserves the right to determine appropriateness of footwear at any time. Note that any directives by a Crew member to remove Guest shoes for an Attraction must be followed. Recommended shoes are tennis shoes/sneakers for their comfort and durability for walking through the Park. Be kind to those feet!
- Behavior Expectations: Guests must respect other Guests and Dig’n Zone Crew members. Verbal or physical abuse of other Guests or Crew members will not be tolerated. Guests must refrain from making threatening remarks or gestures, spitting, horseplay, using profanity, fighting, bullying, or engaging in any disruptive, offensive, or illegal behavior. Guests must not jump lines or save places for others in lines. Vandalism, graffiti, or intentional damage to property are prohibited. All Guests are expected to behave in a family-friendly manner.
- Access & Movement: Guests must not cross any chains, landscaped areas, barriers, fences, or any other blockade elements, including directives, instituted by Dig’n Zone Crew members. Guests, and any other Guests or minors under their supervision, must not climb any of the fences throughout the Park. Guests must not enter any Restricted Areas, including those designated for Dig’n Zone Crew members and any Attraction perimeters. Guests must not obstruct any areas intended for pedestrian, vehicular, or equipment traffic. Guests should walk through the Park, not run, except in designated play areas.
- Safety: Guests must follow all Attraction rider requirements (including those for loose articles), and they must follow all Dig’n Zone Crew instructions and directives throughout the Park. Guests must follow all height and weight Attraction restrictions for their safety.
- note and accept any risks while on an Attraction;
- act in a responsible manner;
- properly use Attraction safety equipment;
- not ride if impaired (if under the influence of alcohol, drugs, or medications);
- exercise good judgment; and
- obey all written, posted, and Crew instructions.
- have a fear of heights, dizziness, motion sickness, nervousness, anxiety, panic attacks, or any other conditions, illnesses, or limitations;
- have had a recent surgery or illness;
- are pregnant;
- have high blood pressure, or any heart, cardiac, circulatory, respiratory, muscular, skeletal, neck, back, joint, or bone problem or condition; or
- have any other problem/issue, illness, injury, condition, disease, or sickness that may become worse or make the Guest more vulnerable to an injury.
- Attraction speed, movements, and wind may cause circulation of dust, dirt, pollen, and other airborne particles and allergens;
- lap riding is only permitted with a parent or legal guardian;
- steps to/on Attractions may be slippery;
- any wet surfaces may be slippery; and
- any seats, playground surfaces, ride components, benches, exterior surfaces, etc., may become hot when exposed to sunlight.
- Smoking/Vaping: Guests may vape/smoke only in the designated smoking area located at the southern edge of the Park. All other areas of the Park are non-smoking/non-vaping. Other tobacco products, such as snuff, chaw, etc., are prohibited anywhere in the Park. The use of illegal smoking products or any illicit drug use is prohibited, including in the parking lots.
- Solicitations: Guests cannot distribute or sell any items on Dig’n Zone Theme Park properties. Unauthorized solicitations of any kind, including demonstrations, speeches, religious activities, deemed educational or otherwise, are prohibited.
- Emergency (Crisis Management) Situations: Due to a variety of potential emergency situations, e.g., lightning, severe weather, other peril, etc., Dig’n Zone Theme Park may be required to temporarily or fully close the Park for a duration of time, until it is safe to re-open. All Guests must follow Crew directives including any instructions to evacuate the Park for their own protection.
- Normal Park Closures and Attraction Limits: Once the Park has announced its 15-minute pre-Closure time window, Attraction Crew members will place stanchions in their queue lines for any remaining Guests up to the maximum count allowable to ride within the 15-minute window previously assigned to the Attraction. TurboPass™ queue Guests take priority at that time. For example, if an Attraction is designated to carry 20 Guests in the final 15 minutes, then only the first 20 Guests in the line may ride. Any remaining Guests behind the stanchion will not be permitted to ride that Attraction for that operational day, as the available ride time will expire.
- Media Usage: Guests who enter Dig’n Zone Theme Park may be filmed, photographed, or recorded via any media method for any purpose without payment or compensation to any person, entity, or Guest. Dig’n Zone Theme Park may broadcast, display, publish, use, circulate, create, alter, or modify any originals or derivatives for distribution, licensing, transfer, or sell for any use or purposing these products (including any social media, websites, newsletters, commercial use, security, safety, liability, insurance, or litigation). Dig’n Zone Theme Park retains all copyrights and intellectual property rights. Commercial or any other unauthorized use of pictures, videos, likenesses, images, sound or voices of any person, event, act, occurrence, or thing in the Park or its properties by anyone other than Dig’n Zone Park personnel is prohibited without the Park’s express written consent.
- DZ Surveys: Guests may periodically receive in-person and/or automated email surveys from Dig’n Zone Theme Park in an effort to glean Guest recommendations for future improvements to Guest experiences. The purchase of a DZ Ticket includes a Guest potentially receiving such a survey request. Any survey responses are optional, and any survey data from Guests will never be sent to any external data aggregators for their analytics. DZ values Guests’ opinions, recommendations, and privacy.
- Guest Assistance Restrictions: Dig’n Zone Theme Park Crew Members are not permitted or trained to physically assist Guests, including children, onto or off any Attractions or ADA devices. Guests must either be self-mobile or may be physically assisted by a family member, friend, companion, or Personal Care Attendant (PCA).
- Dynamic Policy/Procedure Landscape: The Code of Conduct, supporting policies/procedures, and any rules/regulations may change, periodically, without explicit notification to Guests. Dig’n Zone Theme Park recognizes that our operational landscape evolves continuously, influenced by market dynamics, technological advancements, and changing business requirements. As such, our policies are designed to be dynamic and adaptable, subject to periodic review and modification to align with the evolving needs of the business. Guests are still required to adhere to all Policies, Procedures, and the Code of Conduct.
Privacy Policy for Dig’n Zone Theme Park, LLC
- Personal Information: When Guests purchase tickets, make reservations, or interact with our website, we may collect personal information such as name, email address, phone number, and payment details.
- Automatically Collected Data: We may also gather non-personal information, including IP addresses, browser details, and device information, to enhance Guest experience and for analytical purposes.
- Guest Services: Personal information is used to process ticket purchases, reservations, and to provide information about Park events, updates, and promotions.
- Improvement of Services: Non-personal information helps us analyze trends, track Guest interactions, and improve our website and overall Guest experience.
- Third-Party Partners: We may share personal information with trusted third-party service providers for ticket processing, customer support, and analytics. These parties are bound by confidentiality agreements and are prohibited from using the information for any other purpose.
- Legal Compliance: We may disclose personal information to comply with legal obligations or in response to lawful requests by public authorities.
- Protection Measures: We employ industry-standard security measures to protect personal information from unauthorized access, alteration, disclosure, or destruction.
- SSL Encryption: Our website utilizes Secure Socket Layer (SSL) encryption to ensure the secure transmission of sensitive data.
- Cookies: We use cookies and similar tracking technologies to enhance Guest experience, analyze trends, and gather information about Guests’ interactions with our platforms.
- Opt-Out: Guests can opt-out of certain data collection practices, such as cookies, by adjusting browser settings. However, this may impact some functionalities of the website.
- Under 13: We do not knowingly collect personal information from children under the age of 13 without parental consent.
- Updates: This Privacy Policy may be updated periodically. Any changes will be reflected on this page, and we encourage Guests to review it regularly.
Terms & conditions
Dig’n Zone Theme Park Day Pass Terms and Conditions
- Non-Refundable: Day passes for Dig’n Zone Theme Park are non-refundable. Once purchased, there will be no refunds, exchanges, or cancellations provided, regardless of the circumstances.
- Non-Transferable: Day passes are non-transferable. They cannot be resold, exchanged, or transferred to another individual or entity, whether for commercial purposes or otherwise.
- Expiration: Day passes will expire if not used by the specified redemption date. They are only valid for entry and use on the park’s designated redemption date. Expired passes will not be accepted for entry or use.
- Redemption Requirements: To redeem the day pass and gain entry to Dig’n Zone Theme Park, completion of a waiver is mandatory. This waiver includes acknowledging and accepting the park’s terms of participation and release of liability.
- Conditions of Use: The holder of the day pass must adhere to all rules, regulations, and guidelines outlined by Dig’n Zone Theme Park during their visit. Failure to comply with these terms may result in the revocation of park privileges without refund.
- Liability: Dig’n Zone Theme Park holds no responsibility for lost, stolen, damaged, or destroyed day passes. Replacement or reimbursement for any such cases will not be provided.
- Subject to Change: Dig’n Zone Theme Park reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
- Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Tennessee.
2024 Season Pass
Dig’n Zone Theme Park LLC Annual Pass Terms and Conditions
- Non-Refundable: Annual passes for Dig’n Zone Theme Park LLC are non-refundable. Once purchased, there will be no refunds, exchanges, or cancellations provided, regardless of the circumstances.
- Non-Transferable: Annual passes are non-transferable and cannot be exchanged. They are valid only for the named pass holder and cannot be transferred to another individual or entity, whether for commercial purposes or otherwise.
- Lost or Stolen Passes: Dig’n Zone Theme Park LLC is not responsible for lost, stolen, or duplicated passes. Replacement or reimbursement for lost or stolen passes will not be provided.
- Resale Prohibition: Annual passes may not be resold. Any attempt to resell passes may result in immediate revocation without refund and legal action as permitted by law.
- Expiration: Passes are valid only for the dates shown on the pass. Expired passes will not be accepted for entry or use.
- Admission during Operating Hours: Passes allow holders admission to Dig’n Zone Theme Park LLC only during the park’s operating hours. Access outside of these hours will not be permitted.
- Conditions of Use: Pass holders must adhere to all rules, regulations, and guidelines outlined by Dig’n Zone Theme Park LLC during their visit. Failure to comply with these terms may result in the revocation of park privileges without refund.
- Liability: Dig’n Zone Theme Park LLC holds no responsibility for any injuries, accidents, or damages that occur within the park premises or as a result of using the annual passes.
- Subject to Change: Dig’n Zone Theme Park LLC reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
- Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of Sevierville, Tennessee. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Sevierville, Tennessee.
TurboPass!
Turbo Pass Ticket Terms and Conditions for Dig’n Zone Theme Park
- Non-Refundable: Turbo Pass tickets are non-refundable. Once purchased, there will be no refunds, exchanges, or cancellations provided, regardless of the circumstances.
- Non-Transferable: Turbo Pass tickets are non-transferable. They cannot be resold, exchanged, or transferred to another individual or entity, whether for commercial purposes or otherwise.
- Must Be Used with Admission Ticket: Turbo Pass tickets are only valid when used in conjunction with a valid admission ticket to Dig’n Zone Theme Park. These tickets do not grant entry to the park on their own and must be accompanied by a valid admission ticket.
- Expiration: Turbo Pass tickets have an expiration date. They are only valid for use during the specified period as indicated on the ticket. Expired tickets will not be accepted for entry or use.
- Conditions of Use: The holder of the Turbo Pass ticket must adhere to all rules, regulations, and guidelines outlined by Dig’n Zone Theme Park during their visit. Failure to comply with these terms may result in the revocation of park privileges without refund.
- Liability: Dig’n Zone Theme Park holds no responsibility for lost, stolen, damaged, or destroyed Turbo Pass tickets. Replacement or reimbursement for any such cases will not be provided.
- Subject to Change: Dig’n Zone Theme Park reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
- Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of Tennessee, and any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Tennessee.
Dig’n Zone Gift Card
Dig’n Zone Theme Park LLC Gift Card Terms and Conditions
- Non-Refundable: Gift cards for Dig’n Zone Theme Park LLC are non-refundable. Once purchased, there will be no refunds, exchanges, or cancellations provided, regardless of the circumstances.
- Transferable: Gift cards can be transferred to another individual or entity. They are valid for use by the cardholder or any other individual possessing the card and can be transferred without restrictions.
- Lost or Stolen Cards: Dig’n Zone Theme Park LLC is not responsible for lost, stolen, or duplicated gift cards. Replacement or reimbursement for lost or stolen cards will not be provided.
- Resale Prohibition: Gift cards may not be resold. Any attempt to resell cards may result in immediate invalidation without compensation and legal action as permitted by law.
- Expiration: Cards are valid for 24 months from the date of purchase. Expired cards will not be accepted for use or exchange.
- Cash Value and Change: Cards have no cash value. Change from the card balance will not be given and cannot be redeemed for cash.
- Conditions of Use: Gift cards can be used for eligible purchases at Dig’n Zone Theme Park LLC in accordance with the park’s policies. Use of the card constitutes acceptance of these terms and conditions.
- Subject to Change: Dig’n Zone Theme Park LLC reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
- Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of Sevierville, Tennessee. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Sevierville, Tennessee.
Dig’n Zone Theme Park LLC Group Sales Ticket Terms and Conditions
Booking and Payment: To secure a booking for group sales tickets at Dig’n Zone Theme Park LLC, a 50% deposit of the total ticket cost, along with applicable taxes and fees, is required at the time of booking. The remaining balance must be settled before entry to the park on the scheduled visit date.
Group Size: The discounted group rate applies to groups of 15 or more individuals. This minimum group size requirement must be met to qualify for the group rate.
Booking Confirmation: The booking is confirmed only upon receipt of the 50% deposit, taxes, and fees, and confirmation from Dig’n Zone Theme Park LLC. The confirmation will include details of the date, time, and any other specific instructions relevant to the group visit.
Balance Payment: The remaining balance of the total ticket cost must be settled before entry to Dig’n Zone Theme Park LLC on the scheduled visit date. Failure to complete the payment may result in denial of entry to the park.
Ticket Validity: Group sales tickets are valid only for the specified date and time agreed upon during the booking process. Any changes to the date or time must be made in accordance with Dig’n Zone Theme Park LLC’s policies, subject to availability, and may be subject to additional fees.
Cancellation or Changes: Once the 50% deposit is made, group sales tickets are non-refundable. Any requests for changes or modifications must be made in writing to Dig’n Zone Theme Park LLC within the specified time frame, and changes are subject to approval and availability.
Admission and Entry: Group sales tickets grant admission to Dig’n Zone Theme Park LLC only during its operating hours on the specified date. Entry outside these hours may not be permitted.
Group Conduct: All members of the group must adhere to Dig’n Zone Theme Park LLC’s rules, regulations, and guidelines during their visit. Failure to comply with these terms may result in the revocation of park privileges without refund.
Liability: Dig’n Zone Theme Park LLC holds no responsibility for any injuries, accidents, or damages that occur within the park premises during the group visit.
Subject to Change: Dig’n Zone Theme Park LLC reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of Sevierville, Tennessee. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Sevierville, Tennessee.
By booking and using Group Sales Tickets for Dig’n Zone Theme Park LLC, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
Dig’n Zone Forklift Fun Center Arcade Card Terms and Conditions
Purchase and Use: The Dig’n Zone Forklift Fun Center arcade card is a reloadable card that allows access to arcade games within the facility. By purchasing or using this card, you agree to abide by these terms and conditions.
Monetary Balance: The card holds a monetary balance that can be used to play arcade games. This balance is non-refundable and cannot be exchanged for cash.
Expiration: The monetary balance on the card will expire 10 years from the date of card activation or last reload. Additionally, any digital tickets earned from playing games and loaded onto the card will also expire in 10 years.
Digital Tickets: When playing arcade games, digital tickets earned will be credited to the card. These tickets can be redeemed for prizes at the redemption center within Dig’n Zone Forklift Fun Center. It’s important to note that these digital tickets will also expire 10 years from their issuance.
Refunds: No refunds or exchanges will be provided for the card’s monetary balance, digital tickets, or any other value associated with the card.
Responsibility: Dig’n Zone Forklift Fun Center is not responsible for lost, stolen, or damaged cards or any items associated with the card. Replacement or reimbursement for lost, stolen, or damaged cards, monetary balances, or digital tickets will not be provided.
Lost Cards: In the event of a lost card, Dig’n Zone Forklift Fun Center will not replace the card or any associated value, including monetary balance or digital tickets. It is the cardholder’s responsibility to safeguard the card and its associated value.
Prize Redemption: Digital tickets on the card can be redeemed for prizes at the redemption center within Dig’n Zone Forklift Fun Center during operating hours.
No Warranty: Items redeemed using digital tickets have no warranty. Dig’n Zone Forklift Fun Center does not provide any warranty, express or implied, on the items redeemed through the redemption center.
Alteration of Terms: Dig’n Zone Forklift Fun Center reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting.
Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].
By purchasing or using a Dig’n Zone Forklift Fun Center arcade card, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
Dig n Zone
Global Terms & Conditions
CANCELLATION/REFUND POLICY
All ticket sales are final. Tickets purchased and booked for a specific date and time cannot be exchanged for different dates or times. If Dig’n Zone must close due to inclement weather or any unforeseen circumstances for more than 60 minutes, you will be given the opportunity to rebook for a later date.
WAIVER POLICY
Every person must sign a waiver before entering the park, even if they are not participating in an activity. Please have all waivers signed before checking in at the ticket booth.
GROUPS POLICY
Groups with 15+ should call ahead to purchase advance tickets (weekdays only) at 865-244-0866. For group or birthday bookings that will take place within 48 hours, please call us.
DELIVERY POLICY
An order confirmation with digital tickets will be emailed upon completion of your online order. The tickets must be presented at the park for redemption. In the event an order confirmation is not received within 24 hours, please contact the park by emailing us at [email protected].
PRIVACY POLICY
Privacy is important to Dig’n Zone. We utilize secure methods to collect, store and use personal information required to run Dig’n Zone. Dig’n Zone only shares information on a need to know basis to conduct its business, and is committed to protecting your personal information.
By entering Dig’n Zone Theme Park’s property, regardless of the purchaser of entry ticket, you agree to the following General Release and Waiver of Liability:
Dig’n Zone Theme Park, LLC
General Release and Waiver of Liability
In consideration of the services provided by Dig’n Zone Theme Park, LLC (hereinafter “Park”) and to participate in amusement activities at the Park (the “Activities”), I, on behalf of myself and on behalf of my child or children and any other minors within my care as listed below (“Minors”), agree to the following terms and conditions. I understand that this document affects my legal rights and the legal rights of the Minors, and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by all terms and conditions of this agreement.
1. General Release and Waiver of Liability. IN CONSIDERATION OF THE SERVICES PROVIDED BY THE PARK AND OF THE PERMISSION GRANTED BY THE PARK TO USE THE PARK’S PROPERTY, FACILITIES, AND SERVICES AND TO PARTICIPATE IN THE ACTIVITIES, I, FOR MYSELF AND ON BEHALF OF MY SPOUSE, CHILDREN, WARDS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN (THE “RELEASING PARTIES”), VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE THE PARK OR ITS AGENTS, MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PRINCIPALS, VOLUNTEERS, PARTICIPANTS, INSURERS, FACILITY OPERATORS, LESSORS, SUCCESSORS, ASSIGNS, EQUIPMENT SUPPLIERS OR MANUFACTURERS, TRAINERS, INTELLECTUAL PROPERTY HOLDERS, OR ANY OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON THE PARK’S BEHALF (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PROTECTED PARTIES”) FROM LIABILITY FOR ANY CLAIMS CONNECTED WITH OR ARISING FROM MY OR THE MINORS’ PARTICIPATION IN THE ACTIVITIES OR USE OF THE PARK FACILITIES, INCLUDING, TO THE EXTENT ALLOWED BY LAW, ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF ANY OF THE PROTECTED PARTIES.
I UNDERSTAND THAT THIS RELEASE OF LIABILITY WILL PREVENT ANY OF THE RELEASING PARTIES, INCLUDING ME AND THE MINORS, FROM BRINGING ANY LAWSUIT OR MAKING ANY CLAIM FOR PERSONAL INJURY, DAMAGES OR DEATH CONNECTED WITH PARTICIPATING IN THE ACTIVITIES OR USING THE PARK FACILITIES.
2. Acknowledgement of Risks. I understand that my participation and the participation of the Minors in the Activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to the Minors, or to third parties. Such risks (the “Risks”) include:
– the risks inherent in the Activities, including but not limited to slipping and falling, collisions with fixed objects and/or other participants, unexpected failure of equipment, over-exertion, and sustaining lacerations or contracting any illnesses from contact with equipment and/or flooring surfaces in the Park;
– the negligent acts or omissions of the Protected Parties, or their agents or employees;
– defects in the Park facilities;
– improper or inadequate instruction or supervision regarding the Activities or use of the Park facilities;
– the behavior of other participants in the Activities;
– accidents or incidents in the Park facilities; and
– first aid, emergency treatment or services rendered, improperly rendered or failed to be rendered by the Protected Parties or their agents or employees.
Possible injuries include, but are not limited to, bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries, torn ligaments, joint injuries, internal injuries, brain injuries and concussions, permanent disabilities, heart attack, and death.
I understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unanticipated risks may also result in injury, death, illness or damage to me, to the Minors or to our property.
I understand and acknowledge that it is the Park’s policy that its Participants review the Park’s safety rules which covers some but not all of the Risks related to the Park upon each visit to the Park, and I agree that both I and the Minors will adhere to the safety policy.
3. Assumption of Risks. After being fully informed of the above risks, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all Releasing Parties and the Minors, expressly agree and promise to accept and assume all known and unanticipated risks associated with participation in the Activities and use of the Park’s facilities, including the Risks listed above, and I voluntarily elect to participate and to allow the Minors to participate in the Activities and use the Park’s facilities.
I AGREE THAT THERE ARE CERTAIN RISKS INHERENT IN THE ACTIVITIES THAT CANNOT BE AVOIDED OR ELIMINATED, AND THAT BY SIGNING THIS FORM I AM GIVING UP MY RIGHT AND THE RIGHT OF THE MINORS TO RECOVER FROM THE PROTECTED PARTIES IN A LAWSUIT OR OTHER PROCEEDING FOR ANY DAMAGES, INCLUDING PERSONAL INJURY OR DEATH TO ME OR THE MINORS, THAT RESULTS FROM SUCH RISKS. I UNDERSTAND THAT I HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE PARK HAS THE RIGHT TO REFUSE TO LET ME OR THE MINORS PARTICIPATE IF I DO NOT SIGN THIS FORM.
4. Duty to Supervise Minor Children. I hereby agree and acknowledge that I have a duty to properly and directly supervise any children under the age of 16 in my care and will not allow said children on any equipment at the Park unless under my direct supervision. I acknowledge and agree that I will supervise said children in a manner that at all times is consistent with the warnings and instructions provided by the Park and with the duty of reasonable care. I accept responsibility and liability for any injury or loss occurring as a result of improperly supervising said children.
5. Indemnification Agreement. I hereby agree to hold harmless, indemnify and defend the Protected Parties from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, settlement amounts and liabilities (including claims brought by any of the Releasing Parties or Minors) and any and all costs and expenses in connection therewith, including attorneys’ fees and costs of investigation (collectively the “Claims”), arising out of or connected with my or the Minors’ participation in the Activities or use of the Park’s facilities, regardless of whether the Claims are the result of the negligent acts or omissions of myself, the Minors, the Protected Parties, or third parties, including other participants in the Activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that I or the Minors negligently or intentionally caused any injury, death or damage to other participants in the Activities or other third parties at the Park.
6. Release of Rights to Audio, Video and Photographic Images. I hereby grant the Park on behalf of myself and the Minors the irrevocable right and permission to photograph and/or record me or the Minors in connection with the Activities and the Park and to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the Minors. On my behalf and on behalf of the Minors, I waive any right to inspect or approve the use of any such photographic image, audio or video. I agree that the Park will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.
7. Certifications. In order to assist the Park in effectively providing for the safety of me and the Minors, I certify that:
– I have no knowledge of any health problems that would cause participation in the Activities to negatively impact my health or the health of the Minors
– I and the Minors possess a sufficient level of physical fitness and skill to safely participate in the Activities, and neither I nor the Minors have any pre-existing physical or medical conditions that might be impacted or worsened by use of the Park, including pregnancy, orthopedic problems, including back problems, heart problems, or breathing problems
– I will not use or allow the Minors to use the Park while any of us are under the influence of any drugs, alcohol or medications that may impair our physical activities or judgment
– I agree to follow (and cause the Minors to follow) all safety rules of the Park and to alert the Park staff to any rules violations or dangerous behavior of other participants
– I understand that my failure or refusal to abide by the safety rules of the Park or by instructions and directions of Park staff can lead to the immediate revocation of my right to use the Park, without any right to refund of any payments made
– I will notify Park staff before I or the Minors participate in Activities if any of us have been diagnosed with behavior disorders or are taking any behavior modification medications
– I will inform Park staff immediately if I or the Minors feel any unusual discomfort while participating in the Activities and will immediately stop (or cause the Minors to stop) participation in the Activities
– I am aware that Park staff may need to end my or the Minors’ participation in the Activities if my or the Minors’ actions present a danger to myself or others
– I authorize the Park staff to administer emergency first aid and CPR to myself and to the Minors when deemed necessary by the Park staff
– I authorize the Park staff to secure emergency medical care or transportation if deemed necessary by Park staff, and I agree to assume all costs of emergency medical care of transportation.
– I acknowledge that the Park encourages each participant to obtain medical clearance prior to participating in the Activities
– I have adequate insurance to cover any injury or damage I and the Minors may cause or suffer while participating in the Activities, or if not, I agree to bear the costs of such injury or damage to myself, the Minors and others
8. Term of Agreement. I understand that this agreement shall continue in effect and will be in full force and legal effect each and every time I or the Minors visit the Park, whether at the current location or any other location or facility. I agree that the Park may require me to sign a new agreement at any time as a requirement for my participation or the participation of the Minors in the Activities.
9. Attorney’s Fees. I promise to indemnify the Park for any attorneys’ fees and costs incurred by the Park to enforce this agreement, including costs associated with any collection efforts. If Park obtains a judgment against me pursuant to this agreement, prejudgment and post-judgment interest shall accrue thereon at the maximum amount allowed by applicable law.
10. Governing Law; Venue; Dispute Resolution. This agreement shall be governed by and interpreted in accordance with the laws of the state of Tennessee without regard to the conflict of law rules of the state of Tennessee. I agree and acknowledge that any claim or dispute arising from or related to this agreement or the relationship of the parties in any respect thereto shall first be submitted to mediation, and that engaging in such mediation is a condition precedent to bringing any claim against the Park arising from or related to this agreement. Such mediation may be initiated by either party by providing a written demand for mediation to the other party and shall be conducted in Knoxville, Tennessee in accordance with the then current Commercial Mediation Procedures of the American Arbitration Association (“AAA”). IF SETTLEMENT IS NOT REACHED WITHIN SIXTY (60) DAYS AFTER DELIVERY OF A WRITTEN DEMAND FOR MEDIATION, SUCH CLAIM OR DISPUTE SHALL BE SUBMITTED TO AND BE SETTLED BY FINAL AND BINDING ARBITRATION IN KNOXVILLE, TENNESSEE IN ACCORDANCE WITH THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. If arbitration is not available, or in the event of litigation to enforce arbitration or settlement between the parties to this agreement, I agree that sole jurisdiction and venue shall be in the state and federal courts located in Knoxville, Tennessee, and I waive any defense of jurisdiction and/or venue that may now or hereafter exist.
11. Entire Agreement; Severability. I understand that this is the entire agreement between the undersigned and the Park, and that it cannot be modified or changed in any way by the representations or statements of the Park or its employees or agents or by the undersigned. This agreement supersedes any and all previous oral or written promises or agreements.
I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the state of Tennessee and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement will remain in effect and will continue in full legal force and effect.
12. Effect of Agreement. I have read the above and fully understand the terms of this agreement and I have either consulted an attorney regarding the agreement or have elected not to do so.
I AM AWARE THAT BY READING THIS AGREEMENT AND ENTERING DIGN ZONE THEME PARK’S PROPERTY, I AM GIVING UP RIGHTS THAT I MAY HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE PROTECTED PARTIES ON THE BASIS OF THEIR NEGLIGENT ACTS OR OMISSIONS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I MAY BE FOUND BY A COURT OF LAW TO HAVE FOREVER WAIVED MY RIGHTS AND THE RIGHTS OF THE RELEASING PARTIES AND THE MINORS TO MAINTAIN ANY ACTION AGAINST THE PROTECTED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THE PROTECTED PARTIES. I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. I have had reasonable and sufficient opportunity to read and understand this entire agreement. I unconditionally agree to the full terms, statements, warranties, notices, representations, waivers and releases contained in this agreement on behalf of myself, the Releasing Parties and the Minors listed below.
I certify that I am the parent, legal guardian or authorized agent of the Minors listed below and that I have authority to sign this agreement on their behalf. I also certify that the information provided below for each Minor participant is true and correct. I acknowledge that the Park staff may require me to present a picture I.D. to verify my identity.