FRIENDSHIP ISLAND RESORT LLC
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
In consideration for being permitted to enter, occupy, stay at, or utilize the property, cabins, facilities, equipment, sand beach, mat room, lakefront, watercraft and any other amenities owned or operated by Friendship Island Resort LLC (collectively, the "Resort"), and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, I, the undersigned, on behalf of myself, my immediate family, my guests, heirs, representatives, and invitees (collectively, the "Guest"), hereby agree to the following terms:
1. DEFINITION OF RELEASEES: For the purposes of this Agreement, the term "Releasees" shall explicitly include and apply to: Friendship Island Resort LLC; the business owner Justin Hutter; his family members; his girlfriend; his children; his girlfriend's children; any and all household pets, dogs, cats, or other animals owned by or associated with Justin Hutter or his household residing on or present at the property; and all family members, workers, staff, contractors, volunteers, and helpers brought in or utilized to assist with resort cleanup, setup, repairs, maintenance, hospitality, or any other property operations.
2. ACKNOWLEDGMENT OF RESORT STATUS: I explicitly understand and acknowledge that Friendship Island Resort LLC is not a licensed camp and operates solely as a commercial lodging resort. This statement is explicitly made to clarify and eliminate any potential liability or claims related to the use of the property for camp or organized group activities. The Resort accepts absolutely no responsibility for any claims arising from such unauthorized use.
3. FIRES, FREAK ACCIDENTS, AND UNFORESEEN EMERGENCIES: I acknowledge that the use of rustic lodging, outdoor facilities, and remote property involves inherent risks of unpredictable "freak accidents," structural fires, electrical issues, or mechanical failures. I agree to act with extreme caution around any heating elements, appliances, grills, or open flames. I assume all risks associated with unforeseen accidents, building fires, smoke inhalation, explosions, or other catastrophic, unexpected emergencies on the property. I hereby release, waive, and hold harmless the Releasees from any and all liability, claims, or demands for personal injury, illness, property loss, or death resulting from any fire, explosion, or freak accident occurring on the premises.
4. ACTS OF NATURE AND SEVERE WEATHER: I acknowledge that the Resort is located in an outdoor, rustic environment subject to sudden and severe weather events, including but not limited to tornadoes, severe thunderstorms, high winds, lightning, torrential rains, and hail. I explicitly understand and agree that the cabins and structures on the Resort property DO NOT HAVE BASEMENTS or certified underground storm shelters. I assume full responsibility for monitoring local weather conditions and deciding whether to remain on the property. I hereby release, waive, and hold harmless the Releasees from any injury, disability, property damage, or death resulting from acts of nature, severe weather, or the lack of specialized storm shelter infrastructure on the premises.
5. SLIPS, FALLS, AND PREMISE HAZARDS: I understand that the Resort property is a natural, outdoor environment with rustic facilities. I acknowledge that there are inherent risks of slips, trips, and falls due to natural terrain, uneven ground, gravel, grass, wet docks, boardwalks, stairs, tree roots, rocks, and changes in elevation. Furthermore, I accept that weather conditions can cause surfaces to become slippery, including ice, snow, sleet, mud, and rain. I agree that it is my sole responsibility to navigate the property with care and wear appropriate footwear. I hereby release and hold harmless the Releasees from any liability for injuries resulting from slips, trips, falls, or any natural or artificial conditions on the premises.
6. NON-COMMERCIAL KITCHEN AND HOMECOOKED MEALS: I explicitly acknowledge and understand that the Resort does not operate a commercial kitchen, commercial food service establishment, or licensed restaurant. Any food, beverages, meals, or refreshments prepared, provided, offered, or shared by the owner, his family, or the Resort are strictly "homecooked" and informal in nature. I understand that consuming any food or beverage on the property is entirely voluntary and at my own risk. I hereby release, waive, and hold harmless the Releasees from any and all claims, demands, illnesses, allergic reactions, foodborne sickness, injuries, or liabilities arising from or related to the consumption of any food or beverages provided on the premises.
7. NO LIFEGUARD OR MEDICAL PERSONNEL: I understand and agree that there is NO LIFEGUARD on duty at any beach or water area, and NO MEDICAL PROFESSIONALS or medical personnel are stationed on the property. I assume full and exclusive responsibility for the safety, supervision, and well-being of myself, all my guests, minors, and relatives while utilizing any equipment, entering the water, or being present on the Resort property.
8. ASSUMPTION OF RISK: I am fully aware that staying at the Resort, being present on the property, and participating in or spectating any activities—including, but not limited to, water-related activities, boating, swimming, sporting events, martial arts or mat room activities, navigating uneven terrain, experiencing severe weather, structural fires, unexpected freak accidents, interacting with household pets or animals, consuming homecooked meals, and encountering resort staff or helpers performing maintenance—involves inherent risks of severe physical injury, illness, permanent disability, or death. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees.
9. RELEASE AND WAIVER OF LIABILITY: I hereby release, waive, and forever discharge the Releasees from any and all liability, claims, demands, actions, or causes of action arising out of any loss, damage, injury, illness, or death that may be sustained by me, my family, or my guests, whether caused by the negligence of the Releasees, property defects, hidden premise hazards, fires, freak accidents, ice/weather hazards, severe storms, tornadoes, food consumption, equipment failure, animal interactions, or otherwise, while on or about the premises.
10. INDEMNIFICATION AND HOLD HARMLESS: I agree to indemnify, defend, and hold harmless the Releasees from any and all costs, claims, damages, liabilities, demands, expenses, and attorney's fees arising from or related to my stay, my presence, or the presence and actions of my family, guests, and invitees on the Resort property. This includes, but is not limited to, claims for personal injury, slips and falls, fires, severe weather incidents, foodborne illness, death, or damage to personal property, as well as any property damage caused by the Guest to the Resort’s land, cabins, equipment, structures, or pets.
11. PROTECTION OF PETS AND PROPERTY: I acknowledge that domestic animals, dogs, cats, and pets belong to or reside with the owner and household on the property. I agree to act responsibly around all animals. I release the Releasees from any liability regarding animal interactions and agree to hold them harmless. Furthermore, I accept strict financial responsibility for any injury caused to the Resort's pets or animals, or any damage caused to the Resort's physical property, by myself or my guests.
12. SEVERABILITY: I expressly agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin. If any portion of this agreement is held to be invalid or unenforceable, the remaining terms shall continue in full legal force and effect.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.