Lake Erie Odyssey

Adapted Obstacle Course

Sept. 12, 2026, Waldameer Park, Erie, PA 

PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND ARBITRATION AGREEMENT

READ CAREFULLY BEFORE SIGNING. THIS AFFECTS YOUR LEGAL RIGHTS.

1. Parties; Event; Definitions. This Participant Waiver, Release of Liability, Assumption of Risk, and Arbitration Agreement (this “Agreement”) is entered into by the undersigned individual (“Participant”) in favor of Dr. Gertrude A. Barber Educational Institute, Inc., a Pennsylvania nonprofit corporation, and its affiliated entities, doing business as Barber National Institute (collectively, “Barber”), in connection with the Lake Erie Odyssey event scheduled on or about September 12, 2026, at Waldameer Park, located at 220 Peninsula Drive, Erie, Pennsylvania 16505 (the “Event”).

2. Definitions. As used in this Agreement, “Released Parties” means Barber and its directors, officers, employees, volunteers, agents, and representatives, and any sponsors of the Event, and “Participation” means Participant’s presence at, attendance at, observation of, or participation in any activity associated with the Event.

3. Conditions of Participation. Participant agrees to comply with all applicable Event rules and the reasonable directions of Event staff while participating in the Event. Barber reserves the right to deny or terminate Participant’s Participation for safety or rule‑compliance reasons.
4. Assumption of Risk. Participant understands and acknowledges that Participation involves inherent risks, including but not limited to falls, collisions, uneven or wet surfaces, water hazards, weather conditions, physical exertion, contact with other participants, and equipment failure, which may result in serious injury, disability, death, or property damage. Participant knowingly and voluntarily assumes all risks arising from or related to Participation, whether caused by Participant, other persons, or the condition of any premises, except to the extent such injury is determined to have been caused by the gross negligence or willful misconduct of a Released Party.

5. Release of Liability and Covenant Not to Sue. To the fullest extent permitted by Pennsylvania law, Participant hereby releases, waives, and discharges the Released Parties from any and all claims, demands, causes of action, or liabilities arising out of or related to Participant’s Participation in the Event, including claims based on the ordinary negligence of any Released Party, but excluding claims arising from the gross negligence or willful misconduct of a Released Party. Participant further agrees not to bring or maintain any civil action in any court against any Released Party for any claim released under this Agreement, except as necessary to enforce the arbitration provision set forth herein. Participant agrees that this Agreement may be asserted as a complete defense to any such action. Participant further waives any right of recovery, including any rights of subrogation or reimbursement by an insurer, against the Released Parties arising out of or related to the Event.

6. Media Release. Participant grants Barber the irrevocable right to photograph, record, and use Participant’s name, voice, image, and likeness, in any media now known or later developed, for lawful promotional, educational, or informational purposes related to the Event, without compensation.

7. Medical Responsibility. Participant represents that Participant is physically and mentally able to participate in the Event and understands that Barber does not provide medical supervision or medical services. Participant authorizes emergency medical evaluation or treatment if deemed necessary and agrees to be solely responsible for all related costs.

8. Personal Property. Participant is solely responsible for personal property brought to the Event. Barber is not responsible for lost, stolen, or damaged property.

9. Indemnification. Participant agrees to indemnify and hold harmless the Released Parties from any third‑party claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to Participant’s acts or omissions during Participation, or Participant’s violation of this Agreement or Event rules.

10. Disclaimer of Warranties; “As Is”. Participant acknowledges that the Event premises and activities are provided “AS IS” and without warranties or representations regarding safety or condition. Participant further acknowledges that Participant is not relying on any oral statements, descriptions, or assurances not expressly set forth in this Agreement.

11. Arbitration; Waiver of Jury Trial. Any dispute, claim, or controversy arising out of or relating to this Agreement or Participant’s Participation in the Event shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration shall take place in Erie, Pennsylvania, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Participant understands and agrees that arbitration replaces the right to bring a lawsuit in court or to have a trial before a judge or jury, and that arbitration is the exclusive means of resolving such disputes.

12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict‑of‑laws principles.

13. Severability; Entire Agreement. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.