OPERATION GRATEFUL NATION HOUSE
HOLD HARMLESS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
“PARTICIPANT” MEANS EACH INDIVIDUAL, INVITEES, AND GUESTS LISTED ON THIS FORM, PARTICIPATING IN INDOOR OR OUTDOOR ACTIVITIES AT OPERATION GRATEFUL NATION HOUSE (ALSO KNOWN AS WING RIVER HOUSE (HEREINAFTER THE “ACTIVITY”). THE “UNDERSIGNED” MEANS EACH PARTICIPANT, AND WHEN A PARTICIPANT IS UNDER AGE 18, IT INCLUDES SUCH PARTICIPANT’S PARENT OR LEGAL GUARDIAN SIGNING ON BEHALF OF HIMSELF/HERSELF AND ON BEHALF OF MINOR PARTICIPANT. THE UNDERSIGNED UNDERSTAND AND AGREE THAT THE ACTIVITY DESCRIBED ABOVE AT WING RIVER HOUSE, 407 STATE HIGHWAY 131, IN MASSENA, NY (THE “PROPERTY”)(CAN BE HAZARDOUS AND PRESENTS A RISK OF PHYSICAL INJURY OR DEATH.
IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY, THE UNDERSIGNED EXPRESSLY ASSUME ALL RISKS associated with Participant’s participation in the Activity, known or unknown, inherent or otherwise; the Undersigned agree and understand these risks include, but are not limited to, risks associated with: sporting activities, operating a motorized vehicle in a mountain environment; operating a machine at high speed; uncomfortable vibrations; prolonged exposure to excessive engine noise; dirt, rocks, dust, debris, ice and snow thrown from other vehicles; whiplash; inhaling fumes; roll-overs; marked and unmarked obstacles; slick or uneven walking surfaces; surfaces covered with ice and snow; varying weather and surface conditions; inconsistent and/or non-maintained riding surfaces; rugged mountainous terrain; variations in terrain; bumps; stumps; forest growth, downed timber, rocks of various sizes; diminished visibility; encountering wild animals and wildlife; strenuous activity; high altitude; collisions; equipment malfunction, including but not limited to, loss of braking, steering and/or locomotion; sharing Activity venues with people directly involved and/or not directly involved in the Activity and following the direction of the Activity officials.
The Undersigned understand and acknowledge: 1) Participant has been informed and understands all rules and regulations of participation in the Activity; 2) Participant is responsible for reading, understanding and complying with all signage, including instructions on use of the vehicle; 3) Participant must have the physical dexterity and knowledge sufficient to safely load, ride and unload the vehicle; and 4) that falls and collisions occur and that injuries are a common and ordinary occurrence of the Activity. The Undersigned also understand and agree that A MINOR PARTICIPANT MAY PARTICIPATE IN THE ACTIVITY WITHOUT AN ACTIVE OFFICIAL OR OTHER ADULT PRESENT. The Undersigned agree and understand that Participant has the opportunity to inspect the vehicles prior to participating.
IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY, THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY OPERATION GRATEFUL NATION (the “Company”) and its affiliated companies and subsidiaries, and all its insurance companies, successors in interest, agents, contractors, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the Activity, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, AND INCLUDING ANY INJURIES AND DAMAGES CAUSED BY ANY FORM OF FORCE MAJEURE. The Undersigned take full responsibility for any injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of the Activity. By execution of this release, THE UNDERSIGNED AGREE NOT TO SUE ANY RELEASED PARTY and agree they are releasing any right to make a claim or file a
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Lawsuit against any Released Party. The Undersigned further agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or a third party arising in whole or in part from the Participant’s participation in the Activity. The Undersigned agree to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by or on behalf of the Undersigned.
The Undersigned represent that Participant is in good health and there are no special problems associated with Participant’s condition. The Undersigned: 1) authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that upon Participant’s transport to any such medical facility or hospital the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for Participant; and 5) shall indemnify and hold harmless the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.
The Undersigned agree and understand that while participating in the Activity, the Participant shall maintain the premises and appurtenances in a clean and safe condition and shall be responsible for any damages beyond normal wear and tear resulting from actions of Participant, invitees, or guests. The Participant shall not remove furnishings or fixtures belonging to the Company at any time. The Participant shall properly dispose fo all garbage, use appliances and equipment in a reasonable manner, and maintain appliances and fixtures in a reasonable manner at all times.
The Undersigned agree and understand that this release is applicable to each and every day Participant participates in the Activity forever.
In consideration of allowing Participant to participate in the Activity and for using the facilities at the Property, THE UNDERSIGNED AGREE THAT ANY AND ALL CLAIMS for injury and/or death regarding an alleged incident SHALL BE GOVERNED BY NEW YORK LAW and EXCLUSIVE JURISDICTION of any claim shall be in the District Court residing where the alleged incident occurred or in Federal Court fo the State of New York.
The Undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor Participant, that he/she is WAIVING CERTAIN RIGHTS ON BEHALF OF THE MINOR PARTICIPANT that the minor Participant otherwise may have and that THE MINOR PARTICIPANT SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. THE MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN VOLUNTARILY GRANTS PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITY AND ACKNOWLEDGES THAT BUT FOR SUCH GRANT OF PERMISSION, THE MINOR PARTICIPANT WOULD NOT BE PERMITTED TO TAKE PART IN THE ACTIVITY.
By signing this agreement without a parent or guardian’s signature, Participant represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the Participant, signer represents that he/she is the legal parent or guardian of the minor Participant. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
The Undersigned agree and understand that participation in the Activity is voluntary. However, Participants, invitees, and guests MAY NOT PARTICIPATE in the Activity unless the Undersigned signs this agreement.