WAIVER AND RELEASE AGREEMENT
Please read carefully before signing.
This is a Release of Liability and Waiver of Certain Legal Rights.
This Agreement is entered into by the undersigned Visitor ("Visitor") in favor of the following Released Parties:
Party A: Prairie House Preservation Society, Norman, OK
Party B: Firehouse Art Center, Norman, OK
Party C: Dan Naegele and Jennifer Russell, Frank House, Sapulpa, OK
(collectively referred to as the "Released Parties")
1. Premises
This Agreement applies to the Visitor's presence at and use of the property located at:
Address: 1300 Luker Lane
City/State/Zip: Sapulpa, OK 74066
(the "Property"), including all structures, improvements, fixtures, furnishings, equipment, and personal property located thereon.
2. Acknowledgment of Property Condition
Visitor acknowledges that touring the Property has inherent risks, hazards, and dangers that cannot be eliminated. VISITOR UNDERSTANDS THAT THE HOUSE AND GROUNDS ARE, OR MAY BE, IN A STATE OF SOME DISREPAIR AND NOT TO CURRENT CODE. VISITOR UNDERSTANDS THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE BUT ARE NOT LIMITED TO:
The risk of uneven ground.
The risk of injury from slips, trips, or falls.
The risk of injury from falling debris.
The risk of injury from potentially unstable conditions on the Property or in the house.
The risk of encounters with wildlife, animals, and insects.
Inclement weather conditions.
Risk of injury from animals on premises, including but not limited to domesticated and non-domesticated animals.
3. Assumption of Risk
Visitor understands the risks, hazards, and dangers described above and has had the opportunity to discuss them with the Tour Guide representing the PHPS. Visitor understands that participation in this activity is purely VOLUNTARY.
VISITOR IS VOLUNTARILY USING THE PREMISES AND SERVICES OF THE RELEASED PARTIES WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUMES AND ACCEPTS ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.
Visitor acknowledges that the Released Parties have no obligation to provide medical care in the event of injury. Visitor authorizes emergency medical treatment if deemed necessary and agrees to be solely responsible for all costs associated with such treatment.
4. Release and Waiver of Liability
Visitor, for themselves, their heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVES AND RELEASES, INDEMNIFIES AND HOLDS HARMLESS THE RELEASED PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS from and against claims, actions, causes of action, liabilities, suits, and expenses (including reasonable attorney's fees) which are related to, arise out of, or are in any way connected with any participation in any activity, including but not limited to NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to Visitor or Visitor's property.
To the fullest extent permitted by law, Visitor hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, causes of action, liabilities, damages, costs, or expenses of any kind, whether known or unknown, arising out of or related to any injury, illness, death, or property damage sustained by Visitor while on or about the Property, including claims arising from the negligence of the Released Parties.
THE WAIVER AND RELEASE SPECIFICALLY WAIVES AND RELEASES ANY AND ALL FUTURE CLAIMS, AND SPECIFICALLY RELEASES PRESENT AND FUTURE CLAIMS BASED ON THE STRICT LIABILITY OR SOLE, CONCURRENT, AND/OR GROSS NEGLIGENCE OF THE RELEASED PARTIES OR ANY OF THEM.
Visitor, for themselves, their heirs, successors, executors, and subrogates, further agree not to sue THE RELEASED PARTIES, ANY OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR VOLUNTEERS as a result of any injury, paralysis, or death suffered in connection with Visitor's use and participation in any activity connected with the Property.
5. Indemnification
Visitor agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of or related to:
(a) Visitor's presence on or use of the Property;
(b) Any injury or damage caused by Visitor to any person while on the Property; and
(c) Any breach of this Agreement by Visitor.
By signing this instrument, Visitor affirms they have read, understand, and will comply with the requirements set forth herein, and do hereby agree to defend, indemnify, and hold harmless the Released Parties from any act or omission for which Visitor is directly responsible. This instrument binds Visitor and their executors, administrators, assignees, and heirs.
6. Responsibility for Property Damage
Visitor agrees to be fully responsible for any and all damage to the Property and its contents caused by Visitor, whether intentional, negligent, or accidental.
Visitor agrees to reimburse the Released Parties for the full cost of repair or replacement of any damaged property, including labor, materials, and related expenses, within thirty (30) days of receiving written notice of such damage.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to conflict of law principles.
8. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding liability and property damage and supersedes any prior discussions or agreements on this subject.
I AGREE TO ABIDE BY ALL SAFETY RULES, WHETHER WRITTEN OR ORAL.
I HAVE READ AND CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.