SWING RIDE PARTICIPANT WAIVER AND ASSUMPTION OF RISK AGREEMENT

I, ________________________ (print name), wish to participate in the Swing Ride provided by
Mike Randall d/b/a the Big Blue Trunk (“BBT”). In signing this Participant Waiver and
Assumption of Risk Agreement (“Agreement”) I agree to read, understand, and follow all rules
and guidance provided by BBT for use of the Swing Ride before, during, and after participation.
In consideration for my participation, on behalf of myself, any minor children specified below on
whose behalf I am signing, my personal representatives, my heirs, and assigns, I hereby release,
waive, and forever discharge BBT and its present and former employees, owners, agents, or
representatives (“BBT Released Parties”) from any and all liability of any and every nature
whatsoever to the fullest extent permitted by law, including claims or suits at law or in equity,
that I may have for any and all personal injury, including death or damage that may result from
my participation and use of the Swing Ride, and any claims for costs, expenses and attorneys’ or
expert fees associated therewith. To the extent allowed by law, I agree to indemnify and hold
harmless BBT Released Parties from such liability, whether caused in whole or in part by
my fault or negligence, the fault or negligence of BBT Released Parties, or the fault or
negligence of any other party.
By signing below, I acknowledge that I understand and know that participation in the Swing
Ride is an inherently risky activity involving a moving vehicle at varying heights of 3 or more
feet and speeds of up to 5 mph, and that my participation purely voluntary and intended for
recreational enjoyment. I understand and acknowledge that the risks of injury and damage to
property to myself or third parties may include, but are not limited to, minor scrapes, strains, and
bruises, as well as significant injuries such as broken bones, eye injury or loss, concussions,
paralysis, and even death. If I elect to participate, I do so voluntarily and at my own risk. By
signing below, I assume the risk of personal injury or death, injury to third parties, and damage
to property that may arise out of or relate in any way to my participation in the Swing Ride. I
further acknowledge and represent that I have read the foregoing, fully understand it, and sign
voluntarily as my own free act and feed. No oral representations, statements, or inducements,
apart from the foregoing written agreement, have been made.
In the event that any claims, disputes, or controversies arise out of or relate in any way to this
agreement, such claims, disputes, or controversies shall be settled only by individualized
mediation and/or arbitration to fullest extent permitted by law. By signing below, I waive my
right to seek relief in a court of law and have any and all claims decided by a jury or a judge, or
to maintain other available court action or administrative proceedings to settle any such claim,
dispute, or controversy. All any claims, disputes, or controversies shall be submitted to a formal
mediation using a mediator, or a comparative impartial third party, either appointed by the
American Arbitration Association, or any other mediator to which the Parties agree in writing.
Except as otherwise agreed in writing by the Parties or as required by applicable law, any
mediation and arbitration shall be conducted in Vermont.

All the provisions of this agreement shall be considered as separate terms and conditions. In the
event that any provision hereof is deemed to be invalid, prohibited, or unenforceable by a court
or other body of competent jurisdiction, shall be construed as if such invalid, prohibited, or
unenforceable provision had been more narrowly drawn so as to not be invalid, prohibited, or
unenforceable, and shall not affect or impair the validity of all remaining provisions. This
agreement shall be governed by and construed in accordance with the laws of the State of
Vermont, without regard to any conflict of law rules of another state.

Signature: ________________________________ Date: _________________

Address: _________________________________________________________________

ANY MINOR UNDER THE AGE OF 18 MUST HAVE HIS OR HER LEGAL
GUARDIAN SIGN THIS AGREEMENT BEFORE PARTICIPATING IN THE SWING
RIDE. BBT shall be entitled to rely completely on the representation made by an individual
who claims to be the parent or guardian of a minor participant, and shall not be obligated to
independently verify this fact. By signing above without a parent or guardian, you are
representing to BBT that you are at least 18 years of age.

Name of minor: ____________________________________

Signature: ________________________________ Date: ________________

(Parent/Legal Guardian)

Address: ________________________________________________________________