Ellis Lake Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver of Liability: In consideration of being permitted to be present at and/or to participate in any way in any activities at the facilities and the real estate located in Owen County, Indiana (the “Ellis Lake Property”) possessed by Ellis Lake Retreat, LLC (“Ellis Lake Retreat”), I, for myself, my heirs, my personal representatives, executors, successors and assigns, do hereby release, waive, discharge, and covenant not to sue Ellis Lake Retreat and/or its members, managers, officers, agents, employees or anyone else acting on their behalf including, without limitation, Bryan D. or Caryl L. Anderson, their family or their living trusts (collectively, the “Released Parties”) from liability from any and all claims, demands or actions for death, bodily or personal injury, property damage or any other loss, damage or injury resulting directly or indirectly from any act or failure to act, including negligence by the Released Parties, which may arise out of my presence at, use of and/or participation in any activities at the Ellis Lake Property.
Assumption of Risks: I know, understand, and appreciate that my presence at, use of and/or participation in any activities at the Ellis Lake Property is at my own risk and that my presence, use of and/or participation may expose me to certain known, unknown, inherent and/or unanticipated hazards, risks and dangers including, but not limited to death, personal injury, illness, and loss or damage to personal property, and I accept and assume (for myself and for my heirs, personal representatives, executors, successors and assigns) such hazards, risks and dangers and specifically waive any and all claims against the Released Parties arising out such conditions and my presence at, use of and/or activity at the Ellis Lake Property. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I agree to exercise reasonable caution regarding my safety and the safety of others at the Ellis Lake Property. I agree to follow the rules of the Ellis Lake Retreat and the Released Parties as such rules exist from time to time, including those attached hereto and made a part hereof. I understand that the Released Parties shall be entitled to limit and/or prohibit my presence at the Ellis Lake Property and/or my participation in any activities if I violate such rules.
Indemnification and Hold Harmless: I also agree to INDEMNIFY and HOLD each of the Released Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, losses, and liabilities, including attorney’s fees which may arise out of my presence at, use of and/or participation in any activities at the Ellis Lake Property.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Indiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.