By entering the grounds and using the facilities at Marion/Shawnee National Forest KOA Holiday (“Campground”), I acknowledge and agree to the following:
1. Participation and Scope
The term “Participant” includes any guest, visitor, camper, or attendee, whether adult or minor. The term “Released Parties” includes the Campground, its owners, managers, employees, contractors, volunteers, and affiliates.
This Waiver applies to all areas and activities on Campground property, including but not limited to:
- Recreational amenities (jump pads, playgrounds, slides, game decks, beach, swim deck, fishing areas, docks, and trails)
- Natural features (lake, ponds, waterfalls, wooded areas, wildlife, rock-covered areas, and inclines)
- Facilities (cabins, campsites, bath houses, restrooms, restaurants, bar, and any other building or structure)
- Events, programs, rentals, and any other organized or informal activity.
Campers should be aware that campsites are located next to rocky hillsides for waterfall and lake views that are not to be walked on. Campers walking on or close to them do so at their own risk.
2. Assumption of Risk
I understand and accept that outdoor and recreational activities carry inherent risks, which may include slips, trips, falls, collisions, drowning, animal encounters, weather-related hazards, equipment failure, and other unforeseen or uncontrollable conditions. These risks may result in injury, illness, property damage, or death.
I accept full responsibility for my own participation and safety, and that of any minor(s) under my care, throughout the Campground.
3. Release of Liability
In consideration of being permitted to use the Campground and its amenities, I voluntarily release and discharge the Released Parties from any and all liability, claims, demands, or causes of action arising out of or related to any injury, loss, or damage that may occur, whether caused by negligence or otherwise.
4. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties against any claims, damages, expenses, or liabilities (including attorney’s fees) arising out of my use of the Campground or the participation of any minor(s) under my supervision.
5. Medical Care
In the event of an injury or emergency, I authorize the Campground to arrange for medical treatment and transportation if deemed necessary, and I accept responsibility for any related costs.
6. Minors
If I am the parent or guardian of one or more minor Participants, I consent to their participation, accept all terms of this Waiver on their behalf, and acknowledge that I am waiving certain legal rights of the minor(s). This Waiver applies to all minors under my care or supervision while on Campground property, whether or not their names are individually listed.
7. General Provisions
- I will comply with all posted rules, instructions, and safety requirements.
- This Agreement is binding under Illinois law and enforceable to the fullest extent permitted.
- If any part of this Agreement is found unenforceable, the remainder shall remain in full effect.
- This Agreement is binding upon me, my heirs, assigns, and representatives.
8. Photo/Video Release
During your stay with KOA, we may have a photographer and/or videographer capturing camper images, video, and/or audio for use in various marketing materials for Kampgrounds of America, Inc. and for this Campground.
By signing as a registered guest at this KOA campground, I hereby give consent to Kampgrounds of America, Inc. (“KOA”), Marion/Shawnee National Forest KOA Holiday, and their franchised affiliates to take and use images, including photographs or video, and/or audio recordings of me and to disclose these images or audio recordings in any public media, including radio, television, internet, social media, print, or in a KOA publication.
I understand that the intended use of such images and/or audio recordings is for advertising, marketing, fundraising, or promotional purposes of KOA and/or this Campground. I hereby waive any right to or interest in these images and/or audio recordings.
I acknowledge that this consent is being made solely for the benefit of KOA and/or this Campground and without any expectation of compensation or other benefit to me. To the extent that any benefit accrues or might accrue to KOA and/or this Campground from the use of these images and/or audio recordings, I hereby and forever waive any interest in or claim to such benefits.
I hereby release and forever discharge KOA, Marion/Shawnee National Forest KOA Holiday, and their franchised affiliates, including without limitation all corporate affiliates, officers, directors, employees, agents, owners, managers, contractors, volunteers, and affiliates, from any and all claims, liability, actions, suits, demands, costs, expenses, or indebtedness arising out of, related to, or in any way connected with the use of images and/or audio recordings as described herein.
By signing this agreement, I acknowledge that I have read, understood, and voluntarily agree to this Waiver, including the Photo/Video Release above. I assume all risks associated with being on the Campground property and release the Released Parties from all liability.