BLUE RIDGE RANCH PARTNERS LLC and HOPE FOR
HIS CHILDREN
WAIVER OF LIABILITY
AND RELEASE AGREEMENT
THIS IS A RELEASE
OF LEGAL RIGHTS.
READ AND UNDERSTAND ALL INFORMATION BEFORE
SIGNING.
I wish to engage in and/or participate in the activities described in the
Activities Detail Section of this Release Agreement (the “Activities”) offered by and/or
on, within and using real property and facilities (the “Property”) owned
by Blue Ridge Ranch Partners LLC (“BRRP LLC”) and occupied and operated in part
by Hope For His Children (“HFHC”). As
a precondition to engaging in and/or participating in the Activities. I have
read this Release Agreement (the “Agreement”) and agree to its terms.
Assumption of Risk. I understand that
participating in the Activities entails inherent risks of physical injury,
including, but not limited to, death and the risks described in the Activities
Detail Section of this Agreement. Having read this
Agreement, I am fully aware of the
risks and hazards associated with the Activities, and hereby elect to
voluntarily participate in the Activities. I voluntarily assume full responsibility for
any risks of loss, property damage or personal injury, including death, that
may be sustained by me as a result of participating in the Activities,
unless caused by the gross negligence or willful misconduct of BRRP LLC and/or
HFHC.
Liability Release. In consideration for BRRP
LLC and/or HFHC allowing me to participate in the Activities, I agree on behalf
of myself, my heirs and my personal representatives, that I will not sue BRRP
LLC and/or HFHC. Further, on behalf of
myself, my heirs and my personal representatives, I fully and forever RELEASE
AND DISCHARGE BRRP LLC and/or HFHC, their employees, directors, officers,
managers, members, owners, trustees, agents,
representatives, affiliates, volunteers and staff (collectively referred
to as “BRRP LLC/HFHC”) from any and
all liabilities, claims, demands, actions, causes of actions, costs and expenses
of any nature whatsoever arising out of any loss, damage, or injury, including
death and injuries from negligent medical treatment or rescue operations, that
may be sustained by me or to any
property belonging to me, arising from the
Activities or while upon the Premises, real property and facilities where the Activities
are being conducted, excepting those claims arising from the gross negligence
or willful misconduct of BRRP LLC/HFHC. .
I further acknowledge that BRRP LLC and/or HFHC make no representation
as to the condition of the Property or the safety of any structures or
equipment that may be used at the Property.
I accept and shall use the Property in its “AS IS” condition and have
not relied on any statements or representations by BRRP LLC and/or HFHC
regarding the condition of the Property except those expressly set forth herein.
Indemnification. I agree to indemnify,
defend, and hold harmless BRRP LLC/HFHC from and against any loss, liability,
damage or costs, including court costs and attorneys’ fees, that BRRP LLC/HFHC may
incur arising from my participation and involvement in the Activities,
excepting those claims arising from the gross negligence or willful misconduct
of BRRP LLC/HFHC.
Responsibility for
Personal Property. I acknowledge and agree that I am fully and
solely responsible for any of my property or personal belongings that I bring
onto the premises and that BRRP LLC/ HFHC will not be responsible for or
provide any security for my property and personal belongings.
Warranty of Physical
Fitness. I
warrant that I am physically fit and in a condition that will allow me to participate fully in the Activities. I maintain medical insurance that covers
me for accidents and illnesses while I am participating in this Activities. I understand BRRP LLC/HFHC has not made,
nor will make, any investigation into my physical fitness or ability to
participate in the Activities, and BRRP LLC/HFHC is relying on my warranty of
my physical condition. I assume full
responsibility for payment of medical expenses not covered by my insurance
incurred as a result of my participation in the Activities.
Emergency Medical
Treatment. I
grant BRRP LLC/HFHC permission to authorize emergency medical treatment as it
deems appropriate, and agree that such action by BRRP LLC/HFHC shall be subject
to the terms of this Agreement. I
understand and agree that BRRP LLC/HFHC assumes no responsibility for any
injury or damage that might arise out of or in connection with such authorized
emergency medical treatment.
Rules, Policies and Laws. I agree to abide by all BRRP
LLC/HFHC rules and policies, and all state, local, and federal laws for the duration of the Activities.
Intent: It is my express intent
that this Agreement shall bind the members of my family and spouse (if any), my
estate, heirs, administrators, assigns, and
personal representatives. I agree that this Agreement and any claim arising
from my participation in the Activities shall be construed in accordance
with the laws of the State of North Carolina,
without regard to its conflict of laws provision. The courts in Wilkes County shall be the forum for any lawsuits
arising from the Activities or incident to this
Agreement. The terms of this Agreement shall be
severable, such that if a court of competent jurisdiction holds any term to be illegal
or unenforceable, the validity of the remaining portions of shall not be
affected thereby.
In signing this Agreement, I acknowledge that THERE ARE
INHERENT RISKS ASSOCIATED WITH THE ACTIVITIES AND THE PROPERTY (including,
without limitation, physical injury) and that I ASSUME ALL RISKS OF
PARTICIPATING IN THE ACTIVITIES AND BEING ON THE PROPERTY, I have read both
pages/sides of this Release Agreement form, understand it, and agree to be
bound by its terms. I further
acknowledge that I sign this Release Agreement voluntarily and I am at least
eighteen years of age.
This Release Agreement includes any and all visits to the
property from date of original arrival through the end of the calendar year.
ACTIVITIES DETAIL SECTION:
Description of Activities:
Any
or all of the following: Camping and
related activities, biking, off-road motorcycle racing, hiking, fishing,
swimming, boating and other water activities, participation in agritourism
activities, visiting, volunteering, working for hire, tours of the property and
facilities.
Additional
activities:
___________________________________________________________________________________________By participating in the above
Activities, you may be exposed
to several inherent
risks, including but not limited
to those listed below:
Burns from Campfires, Cuts, Diarrhea, Swimming/Drowning (NO SWIMMING-No
lifeguard on duty, no life jackets provided), Flu-Like Illness, Falling Timber
could cause a Concussion or other Severe Bodily Injury; The visible or non-visible
condition of the property, Collision, Falling, Hypothermia or Frostbite, Sunburn, Heatstroke Dehydration, Death,· Accidents
involving Animals, Theft
and Damage to Personal Property,· Environmental Risks & Hazards, Insects, Snakes, Predators including
large animals, Falling/Rolling Rocks, Lightning, Unpredictable Forces of Nature.
Please further note that
guest assumes all responsibility of any/all pets they bring onto the property
and that pets must be leashed at all times.
In the event you are participating in an agritourism activity (defined
by NCGS § 99E-30 as “Any activity
carried out on a farm or ranch that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural
activities, including farming, ranching, historic, cultural, harvest-your-own
activities, hunting, fishing, equestrian activities, or natural activities and
attractions”) you are specifically warned as follows:
WARNING
Under North
Carolina law, there is no liability for an injury to or death of a participant
in an agritourism activity conducted at this agritourism location if such
injury or death results from the inherent risks of the agritourism activity.
Inherent risks of agritourism activities include, among others, risks of injury
inherent to land, equipment, and animals, as well as the potential for you to
act in a negligent manner that may contribute to your injury or death. You are
assuming the risk of participating in this agritourism activity.
We request you conduct
your participation with the safety
of yourself and others in mind.
Email
consent: By providing your email address, you agree to
receive further information from BRRP LLC relating to our activities, events,
services and products, and marketing emails.
We will not share or sell your personal information. You may unsubscribe
at any time by clicking on the unsubscribe link in the footer of our emails or
by replying to the email and asking to be unsubscribed.