• GUEST RELEASE OFLIABILITY AND ASSUMPTION OF RISK AGREEMENT

  • Assumption of Risk

         User acknowledges that use of the Recreational Facilities involves inherent risks, including but not limited to:

                            (a)        Personal injury or death

                            (b)       Property damage or loss

                            (c)        Exposure to natural elements and wildlife

                            (d)       Accidents due to terrain, facilities, or equipment condition

         User voluntarily assumes all such risks, both known and unknown, even if arising from the negligence of the Released Parties.

    Release of Liability

         User hereby releases, waives, and discharges the Released Parties from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by User while using the Recreational Facilities, regardless of whether such loss is caused by the negligence of the Released Parties. This release shall be binding upon User and User’s legal representatives, heirs and assigns. This release shall have the effect of releasing, discharging, waiving and forever relinquishing any and all actions or causes of action that User may have or have had, whether past, present, or future, whether known or unknown, and whether anticipated or unanticipated by User, arising out of the use of the Recreational Facilities.

        This release does not apply to gross negligence or willful misconduct by the Released Parties.

    Indemnification

          User agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost they may incur due to User's use of the Recreational Facilities, whether caused by the Released Parties or otherwise. User agrees to provide such proof of liability insurance as the Camping Facility may require to ensure that User has the ability to indemnify the Released Parties.

     

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    Compliance with Rules and Regulations

        User agrees to comply with all posted rules and regulations governing the use of the Recreational Facilities. User acknowledges receipt of and has read and understands the Guest Guideline Handout, which includes, but not limited to, provisions relating to ATV/Motorbike or Equivalent & Vehicle Rules & Regulations (Chapter 2), Fire Rules and Regulations (Chapter 4) and Pool Rules & Regulations (Chapter 8) areas of the CRBH (Campground Rule Building Handbook). User also agrees to comply with any and all age restrictions as set forth in any posted rules and regulations or in the Campground, Recreational & Building Handbook.

    Governing Law and Jurisdiction

         This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any legal action arising out of this Agreement shall be filed in the superior court of Lewis County, Washington.

    Severability

         User understands that this release is intended to be a broad and inclusive as permitted by the laws of the state of Washington. If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.

    Acknowledgment

         User acknowledges that they have read this Agreement, fully understands its terms, and signs it freely and voluntarily without any inducement. User understands that by signing this on behalf of a minor child, User is giving up the same rights for that child as User is giving up on their own behalf.

          User acknowledges that User understands the words and language in this release.

     

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  • RULES and Guidlines- Please initial below that you have read and understand the following:

    CHAPTER 2 – GOLF CARTS/ATV/MOTORBIKES OR EQUIVALENT, AND VEHICLE RULES AND
    REGULATIONS
    ORV = side-by-sides recreational for licensed driver age 16 and older and street legal units.
    ATV Trails = quad, dirt bike, and side-by-side trails.
    ATV = quads, dirt bikes, electric or gas-powered scooters, bikes, electric ATV, side-by-sides intended for young drivers.
    Golf Cart = gas or electric powered golf cart.
    All members of Cowlitz Timber Trails Association are responsible for abiding by the rules and regulations outlined in the CTTA
    Bylaws and CRBH. Additionally, members are responsible for their family members and guest. This responsibility includes
    educating their family members and guests related to the rules of and regulations for ORV and golf cart use on CTTA property.
    Non-member owned ORV, ATV or golf carts are not allowed to be used or driven on CTTA property, including CTTA trails.
    A. Registration:
    1. Prior to use on CTTA property, registration and inspection of all ORV, ATV and golf cart units, including street
    legal units, is required. Please contact the business office to schedule an appointment. CTTA will issue a CTTA
    plate (at a cost to the member as outlined in the CTTA CRBH Rate Sheet) with the member lot/block number,
    an orange 24-25 annual tag, and a CTTA yellow tag with registration number that must be placed in a visible
    location on the ORV or golf cart at all times. No vehicle will exceed a noise level of 85-dB.
    2. Proof of insurance and receipt of a Release of Liability form signed/dated within one-year for all riders is
    required at time of registration.
    3. ORV units (side-by-sides) are required to provide a copy of Washington State or another state vehicle
    registration/Title at the time of registration. This is to confirm ownership by the member and permission for
    use on the ATV trails.
    4. An ORV, ATV or golf cart is not fully registered until it displays a CTTA yellow tag, orange 24-25 annual tag,
    and CTTA issued plate. A temporary plate will be given to the member until the permanent plate arrives.
    13 CTTA Campground, Recreational & Building Handbook (CRBH)
    5. Plate and tags must be placed in a visible location all times.
    B. Liability Insurance:
    1. Cowlitz Timber Trails Association requires all members to provide a Certificate of Insurance showing
    Personal Liability Insurance Coverage with minimum limits of at least $100,000 / $300,000 for each unit to
    possess or operate any and all ORV, ATV and golf cart units on Cowlitz Timber Trails Property. The Member
    is responsible to ensure the Member, Member’s family, and/or any guest rider/operators are covered under
    their insurance policy. Please check with your individual carrier for information.
    2. Should the member possess/operate any ORV, ATV, or golf cart on Cowlitz Timber Trails Property without a
    Certificate of Insurance at least minimum limits of $100,000 / $300,000 for each unit, the member will be
    fined. Ongoing failure to properly insure the vehicle(s) will result in additional fees/fines, suspension, and
    action up to termination of membership.
    C. Release of Liability Form:
    1. CTTA Members, each family member, and any/all guests must sign the CTTA “Release of Liability” form prior
    to operating any ORV, ATV, or golf cart on CTTA property. All must be pre-registered and sign the “Release of
    Liability” form prior to entering CTTA property. No guests are allowed to operate an ORV or golf cart on CTTA
    property without signing the “Release of Liability” form. Office staff must receive/review this form prior to
    operating an ORV, ATV or golf cart on CTTA property.
    2. All members, family members, and guest (whether operating an ORV/ATV/Golf Cart or not) must renew and
    submit the Release of Liability form annually by February 28th each year.
    3. CTTA assumes no responsibility for any injury or loss of property caused by accident or damage while riding
    an ORV, ATV or golf cart on Cowlitz Timber Trails Association property. This includes any damage/injury while
    on the ATV trails, to another vehicle, riding throughout the campground, to a personal membership lot, etc.
    D. Operating Violations – Rules & Regulations:
    1. Reckless and unsafe driving is not permitted. This includes any action that could be perceived as endangering
    human life, personal property, or the property of others. This includes, but is not limited to driving while
    intoxicated, burnouts, figure 8’s, peeling out, throwing rocks, unsafe speed, and towing of persons on a
    sled/similar unit behind an ORV, ATV or golf cart.
    2. Adequate braking device required for overall safety .
    3. Lighted headlights and taillights are required between the hours of dusk and dawn or when otherwise required
    for the safety of any persons. All ORV, ATV and golf carts not equipped with working headlights and tail lights
    must be parked and stay on the membership lot(s) from the hours of dusk and dawn .
    4. All Operators of ORV and ATV units must comply with wearing helmets, unless the ORV or ATV is equipped with
    seat belts and a roll bar and the rider/operator is wearing the installed seat belts .
    5. Destroying CTTA personal property or land is not permitted. This includes unreasonably exposing the underlying
    soil, creating an erosion condition, or to injure, damage, destroy trees, or other vegetation .
    6. Persons under the age of 16 must be accompanied by and under the direct supervision of an adult
    18-years of age or older, holding a valid driver’s license, and who will be responsible for their actions while
    operating any ATV.
    7. ORV and street legal units cannot be driven unless operated by an individual age 16 or older holding a valid
    driver’s license.
    8. Golf carts cannot be driven unless operated by an individual age 16 or older, holding a valid driver’s license or has
    completed a driver’s safety course
    9. A valid state issued driver’s license is required for driving any street legal vehicle on CTTA premises.
    10. No more than two persons on an ORV, ATV or golf cart, unless otherwise designed for more or less. All occupants
    of an ORV, ATV or golf cart must be fully seated. No standing or hanging on to the side/back of a unit is allowed.
    11. All members and guests will always observe a maximum speed limit of ten (10) miles per hour within the
    campground. The access road is a maximum speed of fifteen (15) miles per hour.
    14 CTTA Campground, Recreational & Building Handbook (CRBH)
    12. ORV and ATV units are not to be ridden during quiet time hours. The only exceptions are those that are street
    legal and currently licensed in Washington or another State. The ATV trails close at dusk.
    13. No ATV/motorbike or equivalents, golf cart, or other motorized vehicles are to be on the Cowlitz River
    walkways, 60’ shoreline buffer permanent easement section of the trails, within the 25’ OHWM areas, and/or
    other posted restricted areas. The only exception is access to the boat ramp for loading and unloading Requirement>.
    14. All ORV, ATV and golf carts must obey all CTTA Road signs including “Speed limit” and “One Way” directional
    signs throughout the park and ATV trails.
    15. Pedestrians have the “Right of Way” at all times on CTTA property. Please slow down, be aware, and use
    caution while operating an ORV and golf cart on CTTA property.
    16. ORV and ATV drivers are required to ride ORV and ATV units on the provided ATV trails versus riding
    continuously on the campground roadways. All ORV and ATV drivers will take the shortest safest route to Cowlitz
    Way and on to the ATV trails. While on the ATV trails all directions and signs must be followed.
    17. Anyone found in violation of ATV trail-use, as outlined below:
    a. Defaces signage,
    b. Leaves ATV trail ways,
    c.
    Damages trees and native vegetation,
    d. Rides in a reckless or unsafe manner,
    e. Or otherwise causes unnecessary abuse or wear & tear on the ATV trails
    is subject to disciplinary action against the Membership including fines, suspension, and action up to termination
    of Membership.
    ALL PARTIES THAT ENTER CTTA PROPERTY ARE ADVISED THAT THESE RULES AND REGULATIONS PERMIT THE OPERATION OF
    CERTAIN MOTOR VEHICLES ON CTTA PROPERTY. SUCH OPERATION COULD IMPAIR THE SAFETY OF MEMBERS AND GUESTS
    ON CTTA PROPERTY AND COULD LEAD TO SERIOUS INJURY OR DEATH TO THE MEMBERS OR GUESTS. ALL MEMBERS AND
    GUESTS CONSENT TO THE OPERATION OF SUCH MOTOR VEHICLES AS PROVIDED IN THE CRBH BY THEIR PRESENCE ON CTTA
    PROPERTY. CTTA IS NOT RESPONSIBLE FOR THE OPERATION OF ORV, ATV or GOLF CARTS UNIT OR GOLF CARTS ON CTTA
    PROPERTY. ALL PARTIES, BY UTILIZING CTTA PROPERTY AND FACILITIES, HEREBY WAIVE ANY RIGHTS OR CLAIMS THEY MAY
    OTHERWISE HAVE AGAINST CTTA FOR ANY INJURIES THEY MAY INCUR RESULTING FROM THE OPERATION OF ORV, ATV
    AND GOLF CARTS.
    FAILURE TO COOPERATE WITH THE COWLITZ TIMBER TRAILS ASSOCIATION WITH REQUIREMENTS FOR INSURANCE AND
    RELEASE OF LIABILITY DOCUMENTS WILL RESULT IN ACTION AGAINST YOUR MEMBERSHIP TO INCLUDE FEES/FINES,
    SUSPENSION, AND ACTION UP TO TERMINATION OF MEMBERSHIP.
    E. CTTA Incident and Accident Reports:
    1. A CTTA incident report is required by all involved parties within 48-hours of any ORV, ATV or golf cart
    incident/accident. This incident report requires a detailed description of the vehicles and parties involved,
    lot/block number of those involved, location, time/date, and facts of the incident.
    2. Failure to cooperate within the scope of an investigation with CTTA, law enforcement, insurance
    professionals and/or any government agency related to an incident/accident will result in action against your
    membership to include fees/fines, suspension, and action up to termination.
    F. Member Vehicles:
    1. Members are allowed to park one motor vehicle, such as a car or pickup, on their lot/site for an extended
    period provided the vehicle is properly registered and has a current license plate.
    2. Vehicles are prohibited from parking on roads or within the 25’ OHWM of the Cowlitz River. All roads
    shall be kept accessible to emergency vehicles in case of accidents or emergencies.
    15 CTTA Campground, Recreational & Building Handbook (CRBH)
    3. Parking at the boat ramp and the river bed is not allowed. The only exception is access to the boat ramp for
    loading and unloading .
    4. Vehicle(s) will be parked entirely within the member's lot/site. Vehicle will not be parked on the road or in
    “no parking areas”. This applies to all guest vehicles as well.
    5. Vehicle(s) will be kept presentable and operable.
    6. Construction equipment (dump trucks, caterpillars, etc.) will not be stored or parked on CTTA property unless
    that equipment is currently in use for lot/site improvement at the lot/site at which it is parked. Once the
    lot/site improvement is completed, the equipment will be removed from CTTA property. Under no
    circumstances will the equipment be stored on CTTA property.
    7. Disabled vehicles will be removed from CTTA within 30-days of disablement. If the vehicle has not been
    removed after 30 days, the member will incur a daily fine as outlined in the rate sheet.
    8. All drivers must obey all CTTA Road signs including “Speed limit” and “One Way” directional signs throughout
    the park and ATV trails.

  • I acknowledge that I have read this Release and that I understand the words and language in it. I have executed this release at *, Washington, the day and year first above-written.

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