INDEMNIFICATION: In consideration for the above minor being permitted by RIVER ROCK RECREATION to participate in activities of camping and related recreational activities including but not limited to, boating, kayaking, paddle boarding, fishing, canoeing, wading, cycling or hiking which include, without limitation the use of its equipment and services, I agree to the following waiver, release and indemnification: The parent/guardian/custodian of the above minor, for himself/herself and on behalf of said minor, hereby joins in the foregoing Agreement, Waiver and Release and hereby stipulates and agrees to save and hold harmless, indemnify, and forever defend RIVER ROCK RECREATION, their owners, directors, officers, agents, employees and volunteers from and against all claims, actions, demands, expenses, liabilities (including reasonable attorney fees), and negligence made or brought by said minor or by anyone on behalf of said minor, as a result of said minor participation in the activities of camping and any other related recreational activities including but not limited to boating, kayaking, canoeing, paddle boarding, fishing, hiking, cycling or wading and his or her use of the property, animals (if any) and facilities of RIVER ROCK RECREATION, on behalf of said minor, further agree not to sue as a result of any injury, paralysis, or death that said minor suffers in connection with his/her participation in activities of camping and related recreational activities such as but not limited to, boating, kayaking, canoeing, paddle boarding, hiking, cycling, fishing or wading .
MINOR ACKNOWLEDGEMENT: Adult acknowledges that he/she is not only signing this Liability Waiver on adult's behalf, but that adult is also signing this Liability Waiver on behalf of Minor and that Minor is bound by all the terms of this Liability Waiver. Additionally, by signing this Liability Waiver as the parent, legal guardian or custodian of Minor, Adult understands that he/she is also waiving rights of Minor that Minor otherwise may have. Adult agrees that Minor would not be permitted to participate in the Activity or use the RIVER ROCK RECREATION Facilities if Adult did not sign this Liability Waiver on Minor's behalf. By signing this Liability Waiver without a parent or legal guardian's signature, Minor, under penalty of fraud, represents that he/she is at least 18 years of age. Adult represents that he/she is a legal parent or guardian of Minor.
DISPUTES: With respect to any activity by Minor at the RIVER ROCK RECREATION Campsite, this Liability Waiver shall be governed and construed according to the laws of Pennsylvania, state and federal, applicable to contracts executed therein and to the exclusive (subject to the arbitration provisions following) jurisdiction of Lancaster County in the State of Pennsylvania. The sole remedy for any actions arising under this Liability Waiver shall be binding arbitration in Lancaster County, Pennsylvania before one arbitrator who shall be a lawyer familiar with matters related to the subject matter of this Liability Waiver. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures as modified herein. Each party may depose the experts retained by the other party and conduct such other discovery deemed appropriate by the arbitrator. Judgement on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies from a court of appropriate jurisdiction. The arbitrator may, in the awards, allocate all or part of the costs of the arbitration, including reasonable attorneys' fees of the prevailing party and the fees of the arbitrator. THE PARTIES UNDERSTAND THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT, THE PARTIES UNDERSTAND THAT THEY WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE THAT IS COVERED BY THIS ARBITRATION PROVISION, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, THE PARTIES AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR AS PROVIDED FOR IN THIS LIABILITY WAIVER.
BINDING EFFECT: This Liability Waiver shall be effective and binding upon Undersigned's heirs, next of kin, executors, administrators, successors, and assigns.
MISCELLANEOUS: Undersigned further acknowledges and understands: (a) this Liability Waiver was made and executed in the State of Pennsylvania and shall be governed by, enforced in and construed in accordance with the laws of the State of Pennsylvania; (b) Undersigned in executing this Liability Waiver, is not relying on any inducements, promises, or representations made by the Released Parties; (c Minor will not engage in any activities prohibited by any applicable laws, statues, regulations and ordinances; (d) this Liability Waiver constitutes the entire agreement between the parties and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter of this Liability Waiver; (e) this Liability Waiver is a contract and is binding to the fullest extent permitted by law; (f) if any part of this Liability Waiver is deemed to be unenforceable, the remaining terms are an enforceable contract between the parties; and (g) Adult is acting on behalf of the Minor's other parent or legal guardian in signing this Liability Waiver and has the authority to bind such other parent or legal guardian to the terms and conditions of this Liability Waiver on his or her behalf.
Definitions: As used herein;
"Activity" means travelling to or from or about the River Rock Recreation Campsite, being present at the River Rock Recreation Campsite in any capacity, and undertaking any activity whatsoever whether of an athletic or recreational or otherwise at or on any part of the River Rock Recreation Facilities and/or the River Rock Recreation Campsite.
"Adult" means the undersigned parent, legal guardian or custodian, being at least 18 years old, signing on behalf of the Minor(s) named below so that the Minor will be permitted to engage in the Activity.
"Minor" means the Minor(s) named below who will be participating in the activity.
"Released Parties" means (I) the named corporations, the shareholders or members, managers, directors, officers, agents, partners, sponsors, affiliates, employees, independent contractors, volunteers and guests of any and each of the following: River Rock Recreation LLC, River Rock Recreation, River Rock Recreation Campsite and any subsidiary, affiliate, or company under common control with one or more of the previously named companies; (ii) the owners and/or occupiers of the land on which the River Rock Recreation Campsite is located; (iii) any person present at the River Rock Recreation Campsite in a capacity as a journalist, reporter, or representative of the media and/or is shooting stills and/or moving pictures in any media; (iv) any personnel who may interact with Undersigned in connection with medical matters in any capacity at the River Rock Recreation Campsite; (v) any person at River Rock Recreation Campsite there to attend or watch any event taking place thereat, (vi) any person who has signed a Waiver who is present at the River Rock Recreation Campsite; and (vii) the manufacturers or supplier of Equipment used at the River Rock Recreation Campsite.
"Undersigned" means Adult and Minor collectively.
"River Rock Recreation Campsite" means, collectively, the River Rock Recreation Campsite, Property and Facilities located in Bainbridge, Conoy Township, Pennsylvania as well as any and all legal property, holdings, and any other assets attached to the legal entity of River Rock
"River Rock Recreation Facilities" means the area, facilities, features and any and all structures or equipment at the River Rock Recreation Campsite.