WAIVER AND RELEASE OF LIABILITY AGREEMENT
By signing this agreement, you waive certain legal rights, including the right to sue. Please read carefully.
This WAIVER AND RELEASE OF LIABILITY AGREEMENT (this “Release”) is made and entered into by and between R&R Retreats, a Kentucky limited liability company located at 2 Orchard Lane, Covington, KY 41015; and the undersigned guest (“Guest”) as of the date of Guest’s signature below. Guest understands and agrees that Guest agrees to and signs this Release on Guest’s behalf and on behalf of any dependent who may accompany Guest to the Property (as defined below), and the term “Guest” shall specifically include, but not be limited to, Guest and such dependent(s). Throughout this Release, the Released Entities and Guest may be individually referred to as a “Party” and collectively as the “Parties.”
RECITALS
A. R&R Retreats owns 1132 Derrick Ridge Road, Beattyville, KY, 41311, commonly known as the “The Dappled Light Property” (the “Property”) that it leases to R&R Retreats, doing business as Dappled Light, which rents out lodging facilities and provides opportunities to invitees on the Property for hiking, motorized vehicle tours and other potentially higher risk activities.
B. The Released Entities have agreed to grant access to the Property, including its lodging facilities, to individuals and groups and/or have agreed to allow such individuals and groups to participate in available activities at the Property pursuant to this Release’s terms and conditions.
C. In consideration of the Released Entities permitting Guest to have access to the Property, Guest has agreed to execute this Release fully and completely absolving the Released Entities, their respective successors and assigns, and each of their respective members, agents, directors, employees, officers, representatives, volunteers, successors, and assigns (collectively, the “Released Parties”) from liability for injury to person or property that Guest may experience while on or in connection with accessing the Property.
1. Revocable License. Upon Guest’s execution of this Release, the Released Entities shall grant Guest a revocable license to enter onto the Property, engage in any activities offered on the Property that Guest participates in, and/or reside in the lodging facilities on the Property for such period of time as the Parties agree (the “License”). While this License is in effect, Guest must comply with: (i) all federal, state, and local laws and regulations; (ii) all rules, terms, and conditions applicable to the Property; (iii) and all rules, terms, and conditions of the Released Entities pertaining to this License. Guest understands that the Released Parties may revoke the License, with or without cause, at any time. The License shall be deemed revoked if any of these events occur: (i) the Released Entities notify Guest orally or in writing that the License is revoked; (ii) a written notice stating the License is revoked is posted on the Property; or (iii) the expiration of Guest’s approved reservation (each an “Expiration Event”). Upon the occurrence of an Expiration Event, Guest shall be required to immediately remove all Guest’s personal belongings and vacate the Property.
Condition and Maintenance of the Property. Guest understands and agrees to accept the Property, inclusive of all buildings and structures thereon, in its “as-is” condition when Guest enters onto the Property pursuant to the License, subject to any and all faults therein and hazards thereon, whether known or unknown. The Released Entities are not obligated to inspect, maintain, or repair the Property for any reason. Guest acknowledges that the Released Entities have not made, do not make, and specifically negate and disclaim any representations, warranties, promises, agreements, or guarantees of any kind or character whatsoever, whether express or implied; oral or written; past, present, or future; or arising by operation of law regarding the Property’s suitability or safety for Guest’s use. If Guest unreasonably alters the Property’s state or condition, as determined in the Released Parties’ sole discretion, Guest hereby assumes all responsibility, liability, and expense for returning the Property to the same condition in which it existed when Guest entered the Property.
Assumption of Risk. While on the Property, Guest shall have the opportunity to traverse the Property, enter into and/or reside in various buildings and structures, and participate in various activities, which may or may not be recreational in nature; involve vehicular transportation; and which include but are not limited to building and/or lighting bonfires, fishing swimming, hiking on trails and/or in wooded areas, riding motorized vehicles (collectively, the “Activities”). Guest acknowledges and understands that traversing the Property, entering into and/or residing in buildings and structures, and participating in any Activities on the Property may pose inherent risks, dangers, and hazards, which may arise from foreseeable and unforeseeable causes. Guest further acknowledges that such risks, dangers, and hazards cannot be fully eliminated. Guest willingly, freely, and voluntarily agrees to assume all risks, dangers, and hazards, and all responsibility for any and all loss, injury, and damage sustained by Guest arising out of, or in any way related to, Guest traversing the grounds, entering into and/or residing in any buildings and structures, and/or engaging in any Activities on the Property.
GUEST HEREBY ASSUMES THE RISK OF ALL DANGEROUS CONDITIONS IN OR ON THE PROPERTY AND WAIVES ANY AND ALL NOTICE OF THE EXISTENCE OF ANY SUCH DANGEROUS CONDITIONS. GUEST IS AWARE THAT THERE ARE POTENTIAL HAZARDS TO PERSONS AND PROPERTY,
INCLUDING, BUT NOT LIMITED TO, HAZARDS RESULTING FROM EQUIPMENT, MACHINERY, VEHICLES, FACILITIES, AND OTHER GUESTS ON THE PROPERTY. GUEST IS AWARE OF THE POTENTIAL HAZARDS TO PERSONS AND PROPERTY DUE TO THE LOCATION OF THE PROPERTY AND SURROUNDING WILDERNESS, AND GUEST ASSUMES ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISK OF ENCOUNTERS WITH WILD ANIMALS ON OR OFF THE PROPERTY.
4. Indemnification; Waiver; Release.
A. Guest hereby agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all actions, claims, damages, expenses (including reasonable attorneys’ fees), fines, liability, losses, and penalties in connection with damage to real and personal property, loss of life, personal injury, and/or sickness arising out of, or in any way related to, the License granted to Guest herein, Guest’s use of the Property, and/or any transportation or other Activities Guest engages in in connection with the License and/or Guest’s time on the Property.
B. Guest hereby knowingly and voluntarily waives any and all claims against the Released Parties for any damage to real and personal property, loss of life, personal injury, and/or sickness arising out of, or in any way related to, the License granted to Guest, Guest’s use of the Property, and/or any transportation or other Activities Guest engages in in connection with the License and/or Guest’s time on the Property.
C. Guest further agrees to release and forever discharge the Released Parties from any claim whatsoever on account of any first-aid treatment or other medical services rendered in connection with any injury or emergency Guest may experience in connection with the License granted to Guest herein, Guest’s use of the Property, and/or any transportation or other Activities Guest engages in in connection with the License and/or Guest’s time on the Property.
5. Choice of Law; Forum. This Release and any disputes arising hereunder shall be governed by and construed in accordance with Kentucky law. All actions or proceedings with respect to this Release shall be instituted in a court of competent jurisdiction located in Kenton County, Kentucky. By executing this Release, Guest irrevocably and unconditionally submits to the jurisdiction (both subject matter and personal) of such court and waives any objection Guest might now or hereafter have to the venue of such courts and any claim that any action or proceeding brought in such courts has been brought in an inconvenient forum.
6. Miscellaneous. The Parties hereby acknowledge that this Release, including any attachments and addenda hereto, which are expressly incorporated herein by reference, constitutes the Parties’ entire agreement and understanding on this Release’s subject matter and supersedes any prior representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, between the Parties. This Release may only be modified in a writing signed by duly authorized representatives of both Parties. Any provisions of this Release later held by a court of competent jurisdiction to be unenforceable for any reason shall be deemed severed and void, and all remaining provisions shall continue in full force and effect. Guest may not assign any rights, privileges, or obligations granted Guest under this Release, in whole or in part, to any person or entity without the Released Entities’ prior written consent.
By signing this Release, Guest acknowledges and confirms that Guest has fully read and understood this Release. Guest recognizes that Guest gives up substantial rights by signing this Release, and freely and voluntarily agrees to be bound by this Release’s terms and conditions.