ACKNOWLEDGMENT OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the pool, facilities, amenities, and property usage that I (all references to I, me, myself or my, refer to my minor child if I am signing on behalf of my minor child, and to any guests that I invite whether or not they also sign an Agreement) am about to voluntarily engage in bears certain anticipated and unanticipated risks that could result in INJURY, DEATH, ILLNESS OR DISEASE, PHYSICAL OR MENTAL DAMAGE to myself, to my property or to other parties or their property. These risks include but are in no way limited to the following:
The risks that are inherent in the activities in and use of pools, amenities, facilities & property.
The acts or omissions or negligence in any degree of Willow Valley RV Resort (WVRR), its officers and Board Members, or any of its owners, partners, agents, or employees (collectively the “Released Parties”).
Latent or apparent defects or conditions in equipment or property supplied by WVRR or other persons or entities.
My own physical condition and skill level or my own acts or omissions.
The condition of the equipment, facilities or property, including but not limited to the pool, and accidents connected with their use.
The absence of lifeguards; I and my family will swim at our own risk.
Consumption of any food or drink, whether or not provided by WVRR or others, and untreated water from the environment.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and the other risks, known or unknown, identified, or unidentified, anticipated or unanticipated may also result in injury, death, illness, disease, or damage to myself or to my property or to other parties and their property.
ACCEPTANCE OF RISK AND RESPONSIBILITY: I VOLUNTARILY AGREE, COVENANT, AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS, OR DISEASE to myself or to my property or other parties and their property arising from my participation in the Activities. My participation in the Activities is purely voluntary; no one is forcing me to participate in spite of the risks.
MEDICAL CARE, PARTICIPANT INSURANCE BENEFITS AND REPRESENTATION OF PHYSICAL CONDITIONS: I UNDERSTAND AND ACKNOWLEDGE that no major medical or accident insurance benefits will be provided to me during participation or viewing of the Activities. I certify that I have sufficient health, accident, and personal liability insurance to cover any bodily injury or property damage that I may incur while participating in the Activities, and to cover bodily injury or property damage caused to another party as a result of my participation in the Activities. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, disease or disablement, which would or could potentially affect participation in the Activities. I give my consent and permission to WVRR and medical personnel to obtain or administer on my behalf or on behalf of my minor child, first aid and emergency medical treatment in case of sickness, accident, injury and to secure medical care at my expense and to make decisions concerning medical care if I am unable to do so or if in the case of my minor child, I am unable to be reached. I give consent for drug testing to be performed in the event of any accident or during the course of any medical care or treatment for myself or my minor child.
RELEASE: I voluntarily release and forever discharge and covenant not to sue WVRR, from or for any and all liability, claims, demands, actions, or rights of action, that are related to, arise out of, or are in any way connected with my participation in the Activities, including but not specifically limited to any and all negligence, fault, or strict liability of WVRR for any and all injury, death, illness, or disease, and damage to myself or to my property.
HOLD HARMLESS & INDEMNIFICATION: I further agree, promise, and covenant to hold harmless and to indemnify WVRR from all liability, claims, demands, actions, or rights of action, damages, defense costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage that I may negligently or intentionally cause to other parties in the course of my participation in the Participation Activities.
COVENANT NOT TO SUE: I further agree, promise and covenant not to use, assert, or otherwise maintain any claim against WVRR for any injury, death, illness and disease, or damage to myself or to my property, a rising from or connected with my participation in this activity OR from any claims asserted against me by other parties. In signing this release, I fully recognize that if anyone is hurt or dies, or property is damaged while I am participating in a Participation Activity, I will have no right to make a claim or file a lawsuit against WVRR even if WVRR negligently caused the bodily injury or property damage. This agreement shall be binding on the heirs, legal representatives, executors, and administrators of the participant and is for the benefit of WVRR, its successors and assigns.
I understand and acknowledge that by giving up certain rights and/or possible claims that I might otherwise assert or maintain against WVRR, by signing this contract, I HAVE ASSUMED RESPONSIBILITY AND LEGAL LIABILITY for the claims or other legal demands, including defense costs, which may be asserted by me or by other parties against me as a result of my participation in the Activities.
Each of the undersigned individuals wants to use the WVRR equipment, amenities, pool, facilities or property and participate in WVRR events and activities, and is doing so entirely upon his or her initiative, risk, and responsibility. Furthermore, he or she is fully aware of the risks inherent upon the use of said pool, facilities or property. Therefore, in consideration of the agreement of WVRR to allow use of its pool, equipment, amenities, clubhouse, facilities and property on these terms and conditions, whether with or without charge, each of the undersigned hereby agrees to all of the foregoing releases, waivers, discharges, and covenants not to sue.
ENTIRE AGREEMENT: I understand that this is the entire agreement between WVRR and me, that it is for the benefit of WVRR, and that it cannot be modified or changed in any way by the representations or statements of any employee, agent, or member of WVRR, or by me. I am at least 18 years of age, of sound mind, and not under the influence of any drugs or alcohol at the time of reading and signing this agreement. I agree to follow any and all instructions, rules, regulations, and policy of WVRR. I am in good health, suffering from no physical disabilities that might impair my capabilities.
AFFIDAVIT OF PARENTAL OR LEGAL GUARDIANSHIP: I, the undersigned, declare that I am the parent of, or the legal guardian of, the minor participant named herein, and have the legal capacity to execute documents on behalf of such minor. I understand that no minor can participate unless and until his or her parent or legal guardian signs this agreement, and I am signing this agreement freely, without any fraud or duress, and acknowledge that I have read and understand it.
In the event that I am determined not to be the parent or legal guardian of the minor, or that I did not have legal capacity to execute this agreement on the minor’s behalf, then I agree to defend and indemnify WVRR, and all of its agents, owners, employees, sponsors, partners, officers, and/or Board of Trustees on all the same terms and conditions as stated herein, if any claim is made or any litigation instituted as a result of any injury, death, or claim for damage arising out of, or relating to, or in any way connected with, the minor’s participation in pool, events, facilities or property activities.